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HomeMy WebLinkAbout07/28/1997 Council Minutes (2)• COUNCIL MINUTES JULY 28, 1997 CITY OF LINO LAKES MINUTES DATE : July 28, 1997 TIME STARTED : 6:35 P.M. TIME ENDED : 10:50 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None. Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Consulting Engineer, David Hahn; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Al Brixius; Community Service Officer, Jeanie Kenow; and Clerk -Treasurer, Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES, July 14, 1997 DISBURSEMENTS: ACTION Approved July 28, 1997 Approved ($379,195.20, Check Nos. 48237 - 4835 1) Centennial Fire District (July 15, 1997) Approved OPEN MIKE No one appeared under Open Mile. POLICE DEPARTMENT REPORT, NATIONAL NIGHT OUT, AUGUST 5, 1997, COMMUNITY SERVICE OFFICER, JEANIE KENOW Ms. Kenow explained that National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anti crime efforts, strengthen neighborhood spirit and police/community relations and send a message to criminals letting them know their neighborhoods are organized and fighting back. Residents lock their doors, turn on their outside lights from 7:00 P.M. to 10:00 P.M. and get together with their neighbors. National Night Out is for all neighborhoods and businesses in Lino Lakes, not just established Neighborhood Watch groups. Staff requested that Council acknowledge and read the Proclamation in support of designating August 5, 1997 as National Night Out in the City of Lino Lakes. 1 COUNCIL MINUTES JULY 28, 1997 • Council Member Kuether moved to approve National Night Out, August 5, 1997. Council Member Neal seconded the motion. Motion carried unanimously. • A copy of the Proclamation can be found at the end of these minutes. 6:30 P.M. - CONTINUATION OF PUBLIC HEARING, EXTENSION OF LILAC STREET SEWER AND WATER UTILITIES, DAVID AHRENS Mr. Ahrens reminded Council that the public hearing for this project was opened on July 14, 1997 to solicit comments from owners of property adjacent to the proposed extension of utilities on Lilac Street between Fourth Avenue and Apollo Drive. The public hearing was continued so that Staff and Council could discuss assessment options. At Council's work session on Wednesday, July 23, 1997, Staff presented three options for assessments. These options are summarized as follows: Option 1 - This is the original proposal from the feasibility report with all construction costs and area and unit charges assessed to each property owner. The surface water management charge was adjusted to reflect a credit for storm water discharged into the existing Lino Industrial Park pond. The total amount assessed to the properties on the south side of Lilac Street is estimated at $170,300 (approximately $25,000 for each property). Option 2 - This assessment roll option includes assessments for construction costs only. Area and unit charges will be assessed at the time of connection to the utility. The assessment to each of the properties on the south side of Lilac Street is estimated at $14,936, based on actual construction costs. The total of all assessments is $110,380. It is assumed that Boe Ornamental will connect to the utilities immediately and, therefore, its assessment includes the area and unit charges. Option 3 - This assessment roll option is based on the City paying for the construction costs and "banking" the costs until the property owners elect to connect to the utilities. At the time of connection, the City will assess the construction costs and area and unit charges. Taking into account the assumption that Boe Ornamental will connect to the utilities immediately, the total revenue will be $35,700. The estimated project cost, including 30% overhead for engineering expense, is $176,729. The annual amount certified to the County for each property owner under Option 2 is approximately $1,700 per year over a fifteen -year period at 7%. Mr. Ahrens explained that the south side of Lilac Street is within the MUSA boundary and exempt from the City Charter. This means that all south side properties not currently homesteaded can, at Council's discretion, be assessed for public improvements. The Ramsden property is currently being used as a home site and, therefore, falls under Charter rules which allows for petitioning against these improvements. Council Member Bergeson asked if the Ramsden property is included on the list of properties provided to Council prior to the start of the meeting which includes all parcels effected by this project. Mr. Ahrens indicated that the Ramsden property appears on the list under PIN No. 0007. Council Member Neal asked why the sewer line couldn't be located behind the buildings on Lilac Street. Mr. Ahrens explained that such routing would require acquisition of easements from all of the property owners at a considerable cost to the City; and, location of the lines at the rear of the existing buildings would not allow for service at a future date to the north side of Lilac. Mayor Landers opened the public hearing at 6:48 P.M. Betty Ramsden, 502 Lilac Street, reminded the Council that she opposes the project. She indicated her preference for implementation of Option No. 3. COUNCIL MINUTES JULY 28, 1997 Jill Schroeder, 432 Lilac, agreed with Mrs. Ramsden. Doug Ramsden, 518 Lilac, asked if road improvement is to be included in this project. Mr. Ahrens responded that the project is limited to installation of sewer and water. There being no further public input, Mayor Landers called for a motion to close the public hearing. Council Member Lyden moved to close the public hearing at 6:52 P.M. Council Member Neal seconded the motion. Motion carried unanimously. 6:30 P.M. - PUBLIC HEARING, LAKES ADDITIONS STREET IMPROVEMENTS, DAVID AHRENS Mr. Ahrens explained that the City Council accepted the feasibility report for the proposed reconstruction of the following streets: E. Shadow Lk. Drive Black Duck Drive Cul-de-sac Lantern Lane Black Duck Drive E. Shadow Lake Drive Lantern Circle Lantern Lane Cul-de-sac Partridge Place Black Duck Drive Black Duck Drive Black Duck Drive Birch Street 230' N. Crystal Court Black Duck Circle Black Duck Drive Cul-de-sac Mallard Lane Black Duck Drive Cul-de-sac Crystal Court Black Duck Drive Cul-de-sac This project consists of the total reconstruction of the subject streets to a 7 -ton design strength. Mr. Ahrens reminded Council that inception of this project occurred in September of 1996 when the Charter Commission and the City Council met to determine need for street reconstruction within Lino Lakes. Mr. Ahrens was directed at that time to compile a street reconstruction plan and recommendation for phasing this activity, which resulted in determination that the above streets are most needy. Mr. Ahrens was then directed to order a feasibility report with respect to street improvements in this area of the City. Mr. Dave Hahn, Senior Project Manager for SEH, prepared this report, which was accepted by Council on June 23, 1997. Mr. Ahrens summarized the Charter guidelines which come into play with respect to this project. First is the 60 -day waiting period which will follow the close of the public hearing. During this period, property owners will have the opportunity to petition the City against the project. If the majority of property owners is in favor of the project, it will go forward with all affected property owners assessed. If the majority petitions against the project, it will not go forward. Mr. Ahrens stated that if the project is met with favor of the property owners, it will then go to Citywide public vote on November 4, 1997. Mr. Hahn explained that analysis of soil at the location of existing roadways was completed as part of the feasibility report. Television of the sanitary sewers was performed, but not completed in time to be included in the current report. Mr. Hahn indicated that the study shows that the existing water main does not require replacement. However, the existing storm system is in poor condition and should be reconstructed. He further indicated that the streets are subject to poor drainage in a high water table area, which has significantly contributed to their considerable deterioration and need for reconstruction. Mr. Hahn stated that assessments take into account street costs of approximately $1,500,000, $191,000 for storm sewer reconstruction, and total sanitary sewer repair of $100,000 over 183 lots. He summarized the costs as follows: Street reconstruction assessed at $2,000 per lot, for a total of $366,000. Storm sewer reconstruction would be assessed at $1,045 per lot, based on the total construction cost of $191,000 over 183 lots. Mr. Hahn's study proposes that the cost of sanitary sewer repairs be borne by the Area and Unit Fund. Total elective City funds proposed for use in connection with this project would then amount to $1,232,800; total project cost $1,890,100. • • COUNCIL MINUTES JULY 28, 1997 Mr. Hahn's conclusion is that the subject streets are in total failure due primarily to high water levels and frost heave, and reconstruction is recommended. He added that the storm sewer no longer function properly, requiring total replacement; and, sanitary sewer repairs should be completed prior to work on the roadways. Mayor Landers asked which streets specifically require the degree of repair/replacement suggested by the feasibility report. Mr. Hahn stated that all of the streets in the area are in need of significant repair. Council Member Kuether asked if the property owners might face similar problems to those experienced in the Twin Cities area with respect to drainage problems. Mr. Hahn stated that without the proposed improvements such problems certainly could occur. Council Member Bergeson asked how the assessment to property owners was determined. Mr. Ahrens explained that the $2,000 is based upon the projected increase in market value to the subject properties as a result of the proposed improvements, and the $1,045 is based upon actual construction cost. Council Member Kuether asked if the annual cost to each property owner had been calculated. Mr. Ahrens explained that the cost per property has been estimated at $330 per year over 15 years, assuming a 7% interest rate. Mayor Landers opened the public hearing at 7:07 P.M. Carol Henfield, 6832 Black Duck Drive, stated that she is in favor of the project. John Perin, 6797 Black Duck Drive, expressed concern in the event the project is not approved by the voters. He added that during his 10 years in the neighborhood he has not personally experienced any drainage problems. Mr. Perin also expressed concern about the future condition of the roads after the proposed improvements; would they hold up for a reasonable time? With respect to the drainage problems, Mr. Ahrens stated the study revealed that the roadways have settled to a point that water doesn't reach the catch system, coupled with frost heave contributing substantially to drainage problems. He added that should the project fail at the public election stage, further discussion would have to take place to determine an alternate approach to the problems. Mr. Perin asked if the assessment amount is a set figure, to which Mr. Ahrens responded yes. Mayor Landers added that should the project fail at public election, the City Council and the Charter Commission would have to review the matter and perhaps create an amendment to the Charter which would allow the Council to use tax money for the needed reconstruction. John Pitzel, 6715 Partridge Place, agreed that the roadways are in very poor condition due, in his opinion, to heavy truck and equipment traffic at the time of new construction. He expressed considerable objection to the project. Jay McFane, 1050 Lantern Lane, expressed his approval of the project stating that he personally has a significant flooding problem. He suggested that a traffic count be conducted to be sure that the new roadways will be adequate to accommodate their use. Mr. McFane also asked about rerouting traffic during construction, and if property owners would be compensated for whatever adjustments they might have to make. Mr. Ahrens explained that traffic would have to be routed through the work area. He assured Mr. McFane that compensation would be forthcoming in the event of any disruption of individual property. With respect to traffic volume, approximately 2,000 automobile trips per day were estimated based upon the number of residences in the area. Tim Stemmick, 6647 Black Duck Drive, indicated that he has observed considerable flooding in his neighborhood. His concern is about the current lift station, and the possibility that it may be subject to drainage from the streets. Mr. Ahrens stated he does not believe such drainage is taking place. Rick Spees, 6730 Partridge Place, stated that he has not personally experienced flooding problems. He agrees that the streets are in very poor shape, but concurred with Mr. Pitzel that the damage is due to heavy construction traffic, not residential use. COUNCIL MINUTES JULY 28, 1997 Maggie Wills, 6817 Black Duck Circle, agrees that a portion of Black Duck Drive is in very poor condition. However, she feels that most of the street is in good condition and asked if only the most needy sections could be repaired. She also asked about certain properties at the north end of Black Duck Drive, which are not included in the proposed project area. Mr. Ahrens responded that, with respect to the properties at the north end of Black Duck Drive, certain streets are not included because the study indicated they appear to be in relatively good condition. Ms. Wills also expressed concern about the possibility of increased speed levels with the improved road. Mayor Landers asked if the sewer system in the better areas of Black Duck Drive referred to by Ms. Wills had been examined by camera, and with what result. Mr. Ahrens responded that the final report had not yet been completed, but that the preliminary report indicated problems with the present system. Clear water is seeping into the pipeline suggesting cracks in the pipe and/or illegal sump pump connections. Pete Brown, 6897 Black Duck Drive, agreed that area roads are bad, but is concerned that his property value will not increase by the amount he will be assessed for the proposed improvements. Mr. Brown also expressed concern about the project not passing public vote. Council Member Lyden asked for clarification of the actual percentage of total cost each property owner will pay. Mr. Ahrens explained the City will be responsible for 70% of the cost of the project while assessment to the property owners will account for 30%. Ed Loscheider, 6710 Partridge Place, asked why certain privately owned vacant land on the east side of Black Duck Drive was not being assessed. Mr. Ahrens explained that portions of that area is unbuildable; therefore, those lots would not be assessed. Mr. Loscheider asked about the projected durability of the new roads, to which Mr. Ahrens responded 25 years is the expected life expectancy of the improved roadway. Mr. Loscheider also asked about offsetting costs through construction equipment permits and any other types of road fines. Mr. Ahrens explained that the City does not collect a significant amount of such fees. Mayor Landers verified that the County receives the majority of such money, confirming that the City receives very little income from road fees. Mr. Loscheider asked if the impact of the waste disposal service trucks on area streets was being taken into consideration. Council Member Kuether responded that the waste disposal issue will appear on the November election ballot. Mr. Ahrens clarified a reference to reconstruction of the water main as well as sewer and drain systems, as these issues were addressed in the recently published legal notice. The notice was prepared prior to determination that water main repairs would not be required. He also stated that there is adequate water supply for emergency purposes. Mr. Loscheider added concern about road elevation following the proposed reconstruction. Mr. Ahrens responded that elevation is a primary concern in the improvement process and an integral issue in the construction plans. Mr. Loscheider also asked about the possibility for minor road repairs, to which Mr. Ahrens replied such a "band aid" approach would not have long-lasting results and would ultimately be economically wasteful. Mayor Landers added that resurfacing the road would not have any positive effect on the underlying drainage problems. Robert Bening, 6788 Shadow Lake Drive, expressed approval of the project. His only reservation is with respect to the percentage homeowners would have to expend. Mayor Landers asked Mr. Ahrens if arrival at the 30/70 split was a result of Charter formula. Mr. Ahrens responded that the percentages resulted from using the maximum assessment allowable as to market value increase coupled with actual construction costs. 5 • COUNCIL MINUTES JULY 28, 1997 Council Member Kuether stated that information had previously been provided at a Charter Commission meeting indicating the estimated percentage of increase to property value following street improvement is 25%. Mr. Ahrens agreed that 20% to 30% is the norm. Council Member Kuether added that even if the increase in property value was not equal to the amount of the assessment, allowing the streets to remain in a state of disrepair and continue to deteriorate would only detract from property values. John Perin requested clarification as to why the property at the north end of Black Duck Drive is not being assessed. Mr. Ahrens reiterated that according to the preliminary study, that area was not in need of street reconstruction. Mr. Perin also expressed concern about increased traffic speed with better streets, stating that rough roads cause vehicles to travel more slowly. Council Member Kuether responded that poor road conditions also inhibit efficient emergency service. Mayor Landers pointed out that the City does not set speed limits; they are determined by the State and County. There being no further public input, Mayor Landers called for a motion to close the public hearing. Council Member Kuether moved to close the public hearing at 7:25 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Ahrens reminded everyone about the petition process, stating that there is a 60 -day waiting period within which property owners may petition against the project. Mayor Landers clarified the process for petitioning would require only one petition, a legal document containing signatures, for the entire project. 6:30 P.M. - PUBLIC HEARING, LILAC STREET TO LAKE DRIVE AND LAKE DRIVE BEGINNING AT I35W NORTH TO MAIN STREET TRUNK UTILITIES • IMPROVEMENT, DAVID AHRENS Mr. Ahrens suggested that although the study in preparation for this project has thus far focused on the area to the end of 79th Street, the study should be amended to include property along Lake Drive to Main Street. He then reviewed with Council its acceptance of the feasibility report based on the study of extension of trunk utilities along Lake Drive from Lilac Street to 79th Street. Last Fall a developer indicated interest in property off the end of 79th Street. The project, if ordered, will serve numerous businesses and residences along Lake Drive and provide a trunk system to branch from to serve other property in the area. This project will also serve the proposed Highland Meadows residential project that is going before the Planning and Zoning Board in August. Two neighborhood meetings have been held as well as a survey of property owners to determine interest in the trunk utilities. Mr. Ahrens also stated that he has completed a survey of the property owners to determine interest in the project, with a 33% response. A number of commercial property owners as well as Forest Lake School District officials expressed positive interest in the project going forward. According to Mr. Ahrens, the Bisel Amendment plays a pivotal role in the proposed assessment for this project. He used the example of a residential lot which would otherwise be assessed approximately $18,800 for sewer and water service. Under the Bisel Amendment the assessment would be about $8,800, for a $10,000 difference. The assessment per lot for this project under the Bisel Amendment would be approximately $1,000 per year for 15 years, and would be $2,100 per year without the Bisel Amendment. Mr. Ahrens explained that the City Charter provisions apply to this entire project area. Therefore, the 60 -day waiting period following close of the public hearing on this project, property owners will have the opportunity to petition against it going forward. • With respect to the condition of the present septic systems, Mr. Ahrens stated the City's Building Inspector conducted a review indicating approximately 130 repairs or redesigns during the past 17 years along the Lake Drive corridor. COUNCIL MINUTES JULY 28, 1997 Mr. Ahrens pointed out that a portion of the property along the proposed improvement route lie outside MUSA boundaries, which cannot be assessed. However, these property owners have been notified of the project. Council Member Kuether asked if those residents outside the MUSA area would be afforded use of the new services should they have a septic system failure. Mr. Ahrens explained that anyone outside the MUSA boundary requiring service under emergency circumstances could connect to the new utilities. He also reminded Council that after the new system is installed adjacent property owners could connect at their convenience, pointing out that a recent City ordinance allows for connection to one utility at a time with a 7 -year grace period between connections. Mr. Hahn reviewed the various routing possibilities for this project, as follows: Alternate A provides for a 21" sewer along Lake Drive to 79th Street and on to the proposed development. Alternate A revised provides for the addition of lateral services. Alternate B provides for a 21" sewer from Apollo Drive and Lilac Street across open field to 77th Street and Lake Drive through an easement to the proposed development. Alternate C provides for a 21" sewer from Apollo Drive and Lilac Street across open field to 77th Street and Marilyn Drive. Alternate D is very similar to Alternate C, with the exception of the routing of the proposed roadway near Lilac Street. Alternate E provides for a 21" sewer from Apollo Drive and Lilac Street across open fields into the development. According to Mr. Hahn, the most desirable option is Alternate A, which would provide trunk service only and ultimately the most extensive service to the area. Mr. Hahn explained that the proposed routing of the new sewer lines is based upon avoiding disruption of trees in the area. He further explained that the proposed project does not include a storm system. He also stated that installation of the new system would be at minimal disturbance to existing streets and roadways. Mr. Hahn reviewed the proposed schedule for the project, as follows: Public Hearing 60 -day Waiting Period Ends Order Improvement and Plans and Specifications Approve Plans and Specifications Open Bids Award Contract Construction Start Construction End July 28, 1997 September 26, 1997 October 13, 1997 January 12, 1998 February 19, 1998 February 23, 1998 May, 1998 October, 1998 Mr. Hahn stated that the project has been determined feasible, will benefit adjacent properties, can be extended to the developing properties consistent with the City's comprehensive plan, and he recommends going forward pursuant to the terms of Alternate A. With respect to assessment, Mr. Hahn reviewed the project's total cost as being approximately $1,827,914, consisting of trunk sewer area charges of $217,773; trunk sewer connection charges of $152,043; trunk water main area charge of $197,375; trunk water main connection charges of $256,595; lateral sanitary charges of $370,566; later water main charges of $22,769; surface water management planning, Type 1 of $194,480; Type 2 of $80,265; Type 3 of $336,046. Parcels were only considered for assessment if the service would be adjacent to the property. Mr. Hahn reviewed the project's cost summary, as follows: Trunk sanitary sewer, $1,086,800; trunk water main, $535,100; property acquisition, $229,200; total estimated cost, $1,851,100. Funding sources were summarized as follows: City funds (area and unit), $634,000; development - lateral, $173,100; development - area and unit, $515,100; property owners - lateral, $220,200; property owners - area and unit, $308,700; total, $1,851,100. He explained that the assessments amount to 30% of the cost being borne by the City, 25% by residents, and the balance by the developer. Mayor Landers opened the public hearing at 8:11 P.M. 7 • • • COUNCIL MINUTES JULY 28, 1997 Lyle Carpenter, 7685 Lake Drive, a longtime area resident, stated that he is in favor of the project but that he would like clarification of the reasons for the proposed system routing. Mr. Ahrens explained that there are a number of pine trees which the proposed route seeks to avoid. He also stated that the proposed route could be staked so that there would be a visual aid to show the system impact on specific properties. Mr. Carpenter also expressed concern about the amount of his assessment. Mr. Ahrens clarified that his assessment is higher than the property across the street because his property lies adjacent to the proposed improvements while properties on the other side of the street will not have immediate access to the new service. John Varrone, 7782 Lake Drive, asked why this project has been determined to be cost effective at this time when in prior years it was not. He also expressed concern about paying for improvements that would not be immediately available to him. Council Member Kuether explained that no one would be assessed for service unless or until they were able to connect to the system. Council Member Neal asked if Mr. Varrone could hook up to the system in the event his present system failed. Mr. Ahrens explained that under such an emergency situation the property owner would make application to the City to be provided service from the new system. Council Member Neal asked how those whose properties do not lie adjacent to the proposed service could become aware of the procedure to connect should they need to. Mr. Ahrens suggested that anyone interested can obtain the necessary information through neighborhood meetings. Council Member Neal asked about the possibility of canvassing the neighborhood to ascertain need and interest on an individual basis. Mr. Ahrens explained that this activity would not be cost-effective. Council Member Kuether requested clarification that any future lateral installation would not result in additional cost to the residents. Mr. Ahrens confirmed. She also asked about the projected increase in assessment cost. Mr. Ahrens explained that history indicates an increase of 2% to 4% per year. Jack Brugum, 687 79th Street, stated that he frequently experiences flooding on his property and is concerned about this condition worsening with the new construction across from his home. Mr. Ahrens stated that thus far storm drain issues have not been addressed; however, he indicated that further study would take place with attention to flooding issues. Roy Whitney, 7651 Lake Drive, asked if he would need to install a pumping station to allow for drainage from his basement utilities. Mr. Ahrens responded no, that gravity flow is incorporated in the proposed design. Pat Pearl, 7726 Lake Drive, expressed concern about the trees located on her property. She also requested clarification regarding MUSA boundaries as well as the percentages to be paid by residents versus the City and developer. Council Member Kuether reminded Ms. Pearl that her property falls under the Bisel Amendment for purposes of assessment. Mr. Ahrens further explained the breakdown of assessment charges as follows: Sanitary sewer area charge, $1,983 per acre; per house charge, $859; $33 -per -front -foot charge; $2,114 per acre water main charge; per house water main charge, $1,387; $23 -per -front -foot water main charge; surface water management fee, $4,051 per acre. John Guzzi, 710 79th Street, asked why he had not been assessed. Mr. Ahrens explained that his property was inadvertently omitted from the notice area and no proposed assessment prepared, but that his subdividable 4 -1/2 -acre parcel does not fall under the Bisel Amendment and would be assessed at full area rates. Mr. Guzzi also asked about the cost of upgrading the roadway, and Mr. Ahrens responded that upgrade of the road is the responsibility of the developer. COUNCIL MINUTES JULY 28, 1997 Mr. Varrone again requested clarification about additional cost involved at the time of hookup in the event of emergency need. Mr. Ahrens explained that the Bisel Amendment would prohibit additional cost to property owners. Council Member Neal clarified that the City would be responsible to provide service to each property line. Mr. Schumacher requested further clarification of future financial responsibility, and Mr. Ahrens explained that similar situations had occurred in the past and historically the City has covered the cost of extension of service to the property requiring service ultimately being reimbursed through future use. Council Member Neal requested clarification of the term "lateral". Mr. Ahrens referred to the project options which include installation of laterals, and Mr. Hahn explained that the intent of the current study is to provide trunk service now for maximum future availability to all of the property along the proposed improvement route. Mr. Schumacher further clarified that homes adjacent to trunk lines as well as those requiring future lateral connection are locked in to the a total assessment of $8,800 under the Bisel Amendment. Council Member Kuether asked how the costs would be effected by extending the project area to Main Street, which would include certain commercial properties which have indicated interest in the project. Mr. Ahrens explained that the formula for costs and assessments would change in that event. Council Member Kuether then read a letter which she received from Shafer Properties, owner of property located at 7761 Lake Drive. Mr. Jim Shafer, unable to attend the Council meeting, expressed in writing his support for the project in light of the probability of higher future costs for these needed improvements. Steve Sutton, 7891 Lake Drive, asked if he would be served by the sewer system proposed to run along 79th Street as his property is at the corner of Lake Drive and 79th Street. Mr. Ahrens stated that the line would run down the center of 79th Street, and would serve properties on either side of the street. Lyle Carpenter again addressed the Council, stating that certain trees along Lake Drive have already been purchased by the City for the purpose of future construction. Mike Broker, 720 79th Street, asked why he is being assessed for the proposed Lake Drive improvements when his property fronts 79th Street. Mr. Ahrens explained that Mr. Broker's assessment is for the proposed 79th Street improvements. Janet Radke, 7611 Lake Drive, asked why her assessment is so much higher than the $8,800 figure. Mr. Ahrens explained that the higher assessment is due to the general business classification of her property. Council Member Neal asked about intended water main route on Lake Drive. Mr. Ahrens indicated an intended long dead-end and possible loop returning the line down the south side of Lake Drive. There being no further public input, Mayor Landers called for a motion to close the public hearing. Council Member Neal moved to close the public hearing at 9:04 P.M. Council Member Lyden seconded the motion. Council Member Bergeson suggested there are sufficient questions remaining to warrant continuation of the public hearing on this matter. Motion defeated. Mayor Landers then called for a motion to continue the public hearing to August 11, 1997. Council Member Bergeson moved to continue the public hearing to August I I, 1997. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Landers declared a short recess at 9:04 P.M. The meeting was reconvened at 9:21 P.M. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND 9 • COUNCIL MINUTES JULY 28, 1997 Comprehensive Plan Neighborhood Meetings, Brian Wessel - Mr. Wessel announced the joint City Council and Comp Planning Task Force meetings are scheduled for 6:00 P.M. Thursday, September 4, 1997, and 6:00 P.M. Thursday, September 11, 1997. Public announcements will be forthcoming. Consideration of Amended Conditional Use Permit for Liza Horner/Lisa Erhardt, 1565 East Holly Drive, Mary Kay Wyland - Ms. Wyland explained that this proposed amended conditional use permit is the result of some "after -the -fact" construction to build a hay storage building and living unit within an existing pole barn/horse stable. The 10 -acre rural property is zoned for a commercial riding stable, commercial horse breeding operation, commercial boarding stable, livery stable, and horse arena by virtue of the present conditional use permit. Single-family homes are permitted in this district. The apartment is perceived as for incidental use to the riding stable, and a precedent for this classification does exist in the area. The purpose of such an apartment is to provide on- site attention to the horses at all times. Ms. Wyland stated that previously provided to Council were reports to the Planning and Zoning Board from its June 11, 1997 and July 9, 1997 meetings where many neighbors to this property were in attendance voicing their approval for the on-site residence. The applicant has consult with building and fire code representatives to ensure compliance with all necessary requirements. At the July 9 meeting, the Board recommended approval of this Amended Conditional Use Permit with the following conditions: 1. Proper permits be obtained (including building, plumbing, heating and electrical) and a certificate of occupancy issued prior to use of the area for living purposes. • 2. Structural changes are made to the apartment as outlined by Duane Grace, Building and Fire Codes Consultant and Wayne Larson, P.E. 3. The smoke detector in the living area is hardwired with a battery operated backup. 4. The on-site septic system is designed and maintained as per City Code. 5. Disposal of animal waste shall not affect the adjacent wetland areas. 6. Any changes to the use and/or structures shall require an amended conditional use permit. 7. The applicant allow periodic inspections of the site as provided in the Zoning Ordinance. 8. Smoke detectors be installed throughout the building, hardwired and interconnected per the recommendation of the Fire Chief. 9. The living unit located within the stable/arena structure be provided for owners/employees of the horse breeding operation only and not offered for rent to the general public. The Planning and Zoning Committee recommends approval with the above conditions. Council Member Kuether moved to approve the amended conditional use permit for Liza Horner/Lisa Erhardt, 1565 East Holly Drive, pursuant to the additional conditions listed above. Council Member Neal seconded the motion. Motion carried unanimously. • Consideration of Final Plat, Behm's Century Farm, Second Addition, Mary Kay Wyland - In review Ms. Wyland stated that in May of 1995, the City Council approved the preliminary plat 10 COUNCIL MINUTES JULY 28, 1997 for Behm's Century Farms 1st, 2nd and 3rd Additions. Council also approved the allocation of approximately 20 acres of interim MUSA reserve at its February 24, 1997 meeting. The Metropolitan Council approved the allocation of MUSA to the Behm's plat from the 150 -acre interim MUSA reserve at its July 24, 1997 meeting. Ms. Wyland explained that this final plat represents the second phase of this project and includes 49 lots which are currently zoned R-1. The developer has signed a development agreement for this project and posted the required financial guarantees. These guarantees include funding for a traffic signal at the northbound ramp from I35W at Lake Drive (C.S.A.H. 23). The City hopes to have this light installed in late Fall or early Spring. The City Attorney has reviewed the title work and found it to be acceptable. The City Engineer has reviewed and approved the grading and utility plans and permits are on file from the Rice Creek Watershed District. Staff recommends approval of the final plat for Behm's Century Farms 2nd Addition. Council Member Neal inquired regarding immediate installation of a traffic light at that location. Ms. Wyland indicated that the light is scheduled to be installed by Fall, but that efforts would continue to speed this process. Mayor Landers inquired as to phasing of this addition. Ms. Wyland explained that the original overall plan called for phasing of 25 lots per year over 5 years; however, there is no phasing in place for the second addition separately. Council Member Kuether moved to approve the amended conditional use permit for Liza Horner/Lisa Erhardt, 1565 East Holly Drive, pursuant to the additional conditions listed above. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of Preliminary Plat, Behm's Century Farms, Phase 4, 5 and 6, Lilac Street, Al Brixius - In review Mr. Brixius explained that this request constitutes a re -plat of 27 existing lots within the Sunset Oaks subdivision. The total subject property overlays approximately 56.7 R-1 acres. Council has previously approved amending the City's comprehensive plan to allow for MUSA expansion. The Planning and Zoning Board held a public hearing at its July 9, 1997 meeting and recommended approval of this item with the conditions outlined in the NAC report previously provided. Also provided was a copy of the minutes from the July 9 Planning and Zoning Board meeting. An additional condition noted by the Planning and Zoning Board requires the resolution of resident concerns regarding the periphery of the plat relative to landscaping and buffering. The Metropolitan Council met on July 24, 1997, and approved a City of Lino Lakes MUSA expansion request that would allow the City to use interim MUSA reserve from its previously approved 150 -acre supply for the Behm's Century Farms development. Council authorized this application to the Metropolitan Council in February of 1997. Mr. Brixius stated that review of the subdivision reveals that it complies generally with all R-1 zoning requirements. The cul-de-sac design is basically reflective of the existing wetland areas, and variance will be required for the extension of Thomas and the northerly extension as these cul-de-sacs currently exceed 500 feet in length. Mr. Brixius indicated that extension to the northern property line is proposed for the northerly cul-de-sac to provide for future street extension. Additionally, applicant has requested vacation of portions of Thomas Street and Laurie Avenue. Mr. Brixius pointed out that this matter will have to come before Council for public hearing and approval of vacation of these public streets. 11 • COUNCIL MINUTES JULY 28, 1997 Mr. Brixius pointed out certain concern for continuation of screening along Lilac Street where the subdivision abuts Lilac Street. Staff recommends approval subject to conditions regarding landscape plan, vacation of streets, submission of additional utility and drainage issues and approval of variance for Thomas Street cul-de-sac. Council Member Bergeson asked whether or not wetland acres were included in the MUSA designation. Mr. Brixius explained that final plat will be based upon net buildable acres only. Of the total area which consists of 62.149 acres, 28.658 acres are buildable. Mr. John Johnson, UHDE Development, addressed Council clarifying that the Metropolitan Council includes the area to the middle of adjacent rights-of-way when calculating their areas. The net area does not include these small sections of street. Council Member Kuether inquired as to how many acres remain in MUSA reserve. Ms. Wyland stated that approximately 38 acres remain. Mr. Brixius explained that MUSA has historically been applied at the time of final plat approval so if this is phased a smaller portion would be done incrementally. Council Member Lyden asked if the parcels involved meet the City's area criteria. Mr. Brixius responded yes. Council Member Bergeson asked if the Metropolitan Council would have to be approached each time the City needs MUSA acreage on the north side of town. Ms. Wyland explained that additional request would be based upon the City's Comprehensive Plan unless there is an emergency situation. Mr. Wessel added that continuation with the Comprehensive Plan will not create the problem of exceeding the MUSA allocation. Mayor Landers expressed concern regarding handling the variance and the vacations requested in conjunction with this matter as separate items. Mr. Brixius explained that the variance is warranted on the basis of the physical hardship unique to the property. Ms. Wyland added that the vacations of portions of Thomas Street and Laurie Avenue have already been approved. Mr. Johnson of UHDE commended the City Council and its Staff for their support and assistance in helping this project to move forward, and asked for approval of this preliminary plat. Council Member Kuether moved to approve the preliminary plat subject to the conditions presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Consideration of Preliminary Plat, 6964 2nd Avenue, Mary Kay Wyland -This case involves a request by Lang Builders to split a 9.5 -acre parcel into 4 single-family lots. The site is zoned R-1 and located within the Metropolitan Urban Service Area. The City's Land Use Plan indicates the area as single-family residential. Utilities are stubbed to the property line and can be extended to serve all four lots. The existing home site is intended to remain but will be connected to City sewer and water. The lots to be developed will contain the minimum 10,800 square feet of lot area above the wetland, subject to some minor wetland fill which has been approved by the Rice Creek Watershed District. Additionally, the wetland areas will be secured by easements for their protection. A summary of the lot areas indicates the following: Lot 1 = 19,292 sq. ft. of upland with a total area of 49,621 sq. ft. Lot 2 = 15,320 sq. ft. of upland with a total area of 51,448 sq. ft. 12 COUNCIL MINUTES JULY 28, 1997 Lot 3 = 11,049 sq. ft. of upland with a total area of 50,080 sq. ft. Lot 4 = 10,900 sq. ft. of upland with a total area of 264,297 sq. ft. All lots are designed to meet the minimum width requirement of 80' and are approximately 660 feet in lot depth. Staff has requested that this subdivision be presented as a preliminary plat to provide a cleaner legal description of the property in lot and block fashion rather than by metes and bounds. The developer has agreed to this arrangement although the Zoning Ordinance does provide that a minor subdivision can contain up to four separate lots. Staff recommends approval of this Preliminary Plat with the following conditions: 1. The City Engineer review and approve final grading and utilities plans. 2. Permits be obtained from the Rice Creek Watershed District. 3. Park Dedication be provided as outlined in the City's Park Dedication Ordinance. 4. The developer sign a development agreement and post financial guarantees for the extension of utilities to serve the newly created lots. 5. Drainage and utility easements are provided along all lot lines and placed over designated wetland areas subject to review and comment by the City Engineer. A public hearing was held before the Planning and Zoning Board on July 9, 1997. At that time the Board recommended approval of the Preliminary Plat with the conditions outlined above. Council Member Kuether asked if the minimum lot size for these lots meets the high ground requirement. Ms. Wyland explained that a small amount of fill will be required on one of the lots, but that with that they will all meet the requirement. Mayor Landers asked if there would be any mitigation with respect to filling. Ms. Wyland responded no. Mr. Schumacher asked if the driveways would be separate, individual driveways or if they would be shared. Mr. Ahrens indicated that each would have its own driveway. Council Member Lyden moved to approve the preliminary plat, 6964 2nd Avenue, subject to the conditions presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of FIRST READING, Ordinance No. 20 - 97, Rezone 250 Linda Avenue (4/5ths Vote); Minor Subdivision, 250 Linda Avenue; and Request for Interim MUSA Reserve Designation for 250 Linda Avenue (4/5ths Vote), Mary Kay Wyland - Ms. Wyland explained that this case involves a request for a rezoning, minor subdivision, variance and allocation of less than one acre of interim MUSA reserve to a parcel of property located at the intersection of Linda and Laurene Avenues. The property is currently zoned Rural and is located outside the MUSA. The City's land use map indicates the site as single-family residential. Sewer and water utilities are available to serve this property off both Linda and Laurene Avenues. The location of the property would dictate that in the comprehensive planning process this area would naturally be added to the MUSA and rezoned to R-1 designation, at least to the south line of Lot 2 from Laurene Avenue to Hodgson Road, upon completion of the City's Comprehensive Plan. 13 • • COUNCIL MINUTES JULY 28, 1997 Ms. Wyland stated that the applicant would like to remove the existing dwelling and garage and provide for two building sites. Both sites meet the area requirements of the R-1 Zoning District. Lot 1 would be 15,750 square feet in area (105 x 150) and Lot 2 would be 16,750 square feet (approximately 124 x 133). The Zoning Ordinance provides a minimum lot area of 10,800 square feet with a lot width of 80 feet and depth of 135 feet (corner lots require 105 feet). Lot 1 meets the area, width and depth requirements. Lot 2 meets the area and width requirements but is 2 feet deficient in lot depth. This is due to the street right of way for Laurene Avenue being 83 feet in front of this lot. The standard street right of way is 60 feet. Lot 2 also contains a 33 -foot -wide UPA easement (for power poles) on the southern border of the site. this easement area may not be used for construction but it can be used for yard area. A home can still be constructed on the remaining 91 feet and meet all setback requirements. A variance for 2 feet in lot depth is required to allow Lot 2 to meet the minimum lot depth requirement. It would appear that the following criteria can be met to justify the granting of such a variance: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to circumstances unique to that property, not of his creation. 3. That the hardship is not due to economic considerations alone and a reasonable use for the property exists under the terms of the Ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this Ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. 6. That the proposed actions will be in keeping with the spirit and intent of the Ordinance. In lieu of granting a variance, an excessive amount of right of way exists on Laurene Avenue which will not be required for future street construction. In fact, this lot appears to be the only parcel where the additional right of way has been taken. An alternative to granting the variance would be to vacate a 17 -foot x 100 -foot strip of right of way and adding that land to Lot 2. The vacation of this portion of right of way would provide a more uniform setback line for Lots 1 and 2 and eliminate the 17 -foot jog in the property line. The City Engineer has no objections to this street vacation, discussion of which appears in a subsequent portion of these minutes. The subject property is currently zoned Rural. The Land Use Plan, however, indicates the site as single-family. A designation of R-1 would provide compatibility with the area to the north and west, which is R-1. The area immediately south is zoned Rural, but is nonconforming in that the lots are slightly larger than one acre in size. Should Council find this request acceptable, Staff recommends the following conditions of approval: 1. The City Engineer review and approve grading, drainage and utility plans for the two new lots. 2. Permits be obtained from Rice Creek Watershed District, if required. 3. One Park Dedication fee in the amount of $500 be collected prior to recording of the minor subdivision. This dedication would cover the newly created lot. 4. MUSA designation be provided to the property from the City's Interim MUSA Reserve. 5. A variance for 2 feet in lot depth be granted for Lot 2 or, in the alternative, the City grant the vacation of 17 feet of Laurene Avenue right of way and add it to Lot 2. 14 COUNCIL MINUTES JULY 28, 1997 The Planning and Zoning Board held a public hearing to review these items and recommended approval at that time of the rezoning from Rural to R-1, approval of the minor subdivision with conditions noted above, approval of the variance for 2 feet in lot depth with the added recommendation that Council consider the vacation of Laurene Avenue in lieu of the 2 -foot variance, and approval of the allocation of less than one acre of interim MUSA reserve. Council Member Bergeson asked if MUSA designation from interim reserve should be granted as part of this matter. Ms. Wyland responded that there should be a separate motion regarding this issue. Council Member Neal moved to adopt the FIRST READING, Ordinance No. 20 - 97, as presented. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden voting no. A copy of Ordinance No. 20 - 97 can be found at the end of these minutes. Council Member Kuether moved to approve the minor subdivision of 250 Linda Avenue. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve variance for 2 feet in lot depth on Lot 2 subject to approval of vacating a portion of Laurene Avenue. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve interim MUSA designation for 250 Linda Avenue. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. PUBLIC HEARING, VACATION OF A PORTION OF LAURENE AVENUE Mayor Landers opened the public hearing at 10:02 P.M. There being no public input, Mayor Landers requested a motion to close the public hearing. Council Member Lyden moved to close the public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 84 Vacating a Portion of Laurene Avenue (4/5ths Vote) - Laurene Avenue currently contains an 83 -foot right of way where it abuts the southwesterly 100 feet of Lot 3, Block 2, Arthur E. Thom Acres. Staff is not certain why this 17 - foot x 100 -foot strip of right of way exists. The City has determined that the right of way is not necessary for utility or roadway purposes. Vacation of this right of way would allow for a uniform building setback line for two new homes to be constructed on Laurene Avenue and eliminate the need for a variance on lot depth for a newly created lot in this location. Staff recommends adoption of Resolution No. 97 - 84 vacating this right of way. Council Member Kuether moved to approve Resolution No. 97 - 84 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 84 can be found at the end of these minutes. Site Plan Review, 8231 Lake Drive, Scott Boyer - This case involves a request to move a garage onto a parcel of property located at 8231 Lake Drive. The property is zoned Rural and indicated as single-family on the Land Use Map. According to the City's Zoning Ordinance, any building moved into the City must first go through a site plan review. This represents an "after - the -fact" site plan review. 15 •. • • • • COUNCIL MINUTES JULY 28, 1997 The property in question is 100 feet wide by 200 feet deep for a total of 20,000 square feet. The Zoning Ordinance allows a maximum of 1,120 square feet of garage area. The relocated structure is 12 feet x 20 feet, and the existing garage is 22 feet x 24 feet for a total of 820 square feet of garage area. This would be within the requirements of the Ordinance. The Building Official has reviewed the request and found the relocated structure to be sound. Additionally, the applicant recently painted the structure to match the existing home and garage. Staff recommends approval, with the following conditions: 1. Proper building permits be obtained and the structure securely anchored according to requirements of the State Building Code. 2. The relocated building be placed a minimum of 5 feet from the side property line, 10 feet from any existing dwelling, and 40 feet from the front property line. The Planning and Zoning Board reviewed this matter and recommends approval with the conditions outlined above. Council Member Lyden moved to approve the site plan review subject to the conditions presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 83, Metropolitan Council Comprehensive Plan Grant Application, Mary Kay Wyland - City Staff has applied for a Metropolitan Council Planning Assistance Grant in the amount of $20,000 to assist the City in development of its Comprehensive Plan. A part of that application process includes a resolution from the City Council authorizing this application. Staff recommends adoption of Resolution No. 97 - 83 for submission to the Metropolitan Council. Council Member Neal moved to approve Resolution No. 97 - 83 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 83 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 86, Approve Nextel's Request to Install Antennas on Water Tower No. 2, David Ahrens - Mr. Ahrens explained that Nextel Communications has discussed with Staff the installation of antenna facilities on the City's existing water storage tank located at 35E and Main Street. A proposed agreement between Nextel and the City has been reviewed and approved by the City Attorney, Staff, and the City's communications engineer consultant, as well as Nextel officials. Staff requests that Council approve the Antenna Lease Agreement. Mr. Ahrens stated that Nextel is proposing to lease space for the installation of up to 3 sectors of 4 panel antennas from the City's water tower at $12,000 per year. This amount will increase by the greater of 5% or the Consumer Price Index for the next 20 years. Mr. Ahrens indicated that it is proposed that the associated cabinets will be installed inside the tower base. An interference study by the City's consulting engineer was financed by Nextel and indicates that no interference will occur between the City's SCADA system and other users. The Lease Agreement prioritizes users on the storage tank such that the City and public safety agencies are a higher priority. This allows higher priority users such as public safety agencies to use the water tower in the future whether or not interference was predicted. 16 COUNCIL MINUTES JULY 28, 1997 According to Mr. Ahrens, the necessary language to indemnify and hold the City of Lino Lakes harmless with respect to all claims due to Nextel's operation, installation, or maintenance of their facilities has been included and reviewed by the City Attorney. The City Attorney has also reviewed the insurance coverage and found it to be acceptable. Mr. Ahrens also stated that a change order in the amount of $23,658 was added to the Water Storage Tank contract to accommodate future antenna installations. Staff is proposing that each user pay 33% of the cost for this change order. To date, Sprint and Nextel have agreed to pay towards this change order, and it is expected that future installations will cover the remaining cost. Staff recommends that the Antenna Lease Agreement be approved. Council Member Neal asked if any additional antennas could be installed. Mr. Ahrens indicated that in all likelihood more users will want to engage in a similar arrangement with the City. Council Member Kuether moved to approve Resolution No. 97 - 86 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 86 can be found at the end of these minutes. Consideration of Resolution No. 97 - 85, Approve Plans and Specifications and Authorize Advertisement for Bids, 1997 Wear Course and Trail Paving Project - Mr. Ahrens explained that the City undertakes a wear course paving project when new residential developments are near "build -out" stage. This year there are approximately 2.4 miles of streets that need wear course installation. The funding for this work is provided by developers of the respective subdivisions. In addition to the street wear course, the plans include trail paving utilizing $15,000 in Community Development Block Grant funds. The trails recommended for paving include Elm Street near the senior housing project, the trail within the Wenzel Farms development, and the trail along the west side of Marshan Lake adjacent to the Marshan Condominiums development. Staff recommends adoption of Resolution No. 97 - 85. Council Member Neal asked who mows the sod along Elm Street. Mr. Ahrens responded that the City mows such right-of-way areas. Council Member Kuether asked about cleanup of the area. Mr. Ahrens will explore this issue. Council Member Kuether moved to approve Resolution No. 97 - 85 as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 85 can be found at the end of these minutes. Consideration of Resolution No. 97 - 82, Order Improvement and Preparation of Plans and Specifications, Lilac Street Utility Extension, David Ahrens - Mr. Ahrens explained that this Ordinance relates to the public hearing held earlier during this meeting regarding proposed extension of utilities along Lilac Street. In accordance with Chapter 429 of the Minnesota Statutes, following the close of public hearing on this project Council may consider ordering the improvement and preparations of plans and specifications. In order to provide utility service to the Boe Ornamental site yet this year, the process should continue in a timely manner. Staff recommends adoption of Resolution No. 97 - 82. Council Member Bergeson asked if use by residents on the north side of Lilac Street was dependent upon completion of the City's Comprehensive Plan. Mr. Ahrens responded other than emergency cases, completion of the Comprehensive Plan and requests the Metropolitan Council to include these parcels in the MUSA area. 17 s • • • • COUNCIL MINUTES JULY 28, 1997 Mayor Landers asked how the properties on the north side would be serviced. Mr. Ahrens explained that due to the small size of this area a separate lateral will not be used; a service line would be drawn from the proposed service line to accommodate these properties directly. Council Member Lyden moved to deny improvement and preparation of plans and specifications for the Lilac Street utility extension. For lack of a second, the motion was defeated. Council Member Neal moved to approve Resolution No. 97 - 82 as presented pursuant to Option No. 3. Council Member Bergeson seconded the motion. Council Member Bergeson requested that the motion be amended to state that this assessment scheme is approved based upon a unique situation and not setting precedence for other areas of the City. Council Member Neal moved to amend his motion to approve Resolution No. 97 - 82 accordingly. Council Member Bergeson seconded the motion. Council Member Lyden asked if property owners on the north side would be required to connect to the proposed utilities upon sale of their property. Mr. Ahrens felt that without MUSA in place they would not. Council Member Kuether clarified that mortgage companies require written confirmation from the City that utilities are not available so that connection would not be mandatory. Mayor Landers expressed his feeling that the property owners would be in a better position in that connection would be an option. Mr. Ahrens reiterated, absence of MUSA designation would be overriding. Council Member Bergeson agreed, but emphasized that following the completion of the City's Comprehensive Plan and subsequent designation of MUSA, connection would not be an option. Council Member Lyden expressed his feeling that utilities on one side of the street forces use by property owners on the other side in direct violation of the spirit of the City Charter. Council Member Bergeson stated that he feels MUSA might ultimately increase the value of the property not currently lying within the current designated area. Motion carried with Kuether abstaining and Lyden voting no. Resolution No. 97 - 82 can be found at the end of these minutes. Consideration of Resolution No. 97 - 86, Extending the Study Area for the Lilac Street and Lake Drive Trunk Utilities Improvement from 79th Street to Main Street Mr. Ahrens suggested that, in light of previous discussion during the public hearing regarding this issue which took place earlier during this meeting, Council approve extension of the study area to include the property between the end of 79th Street and Main Street as that area will be serviced by the proposed improvements. Council Member moved to approve Resolution No. 97 - 86 extending the study area from 79th Street to Main Street. Council Member Kuether seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Resolution No. 97 - 87, Authorizing Application for the Livable Communities Demonstration Program - Mr. Wessel stated that the Metropolitan Council is accepting applications for its Livable Communities Demonstration Programs for 1997. He reminded Council that last year this effort was not successful because of the preliminary planning nature of 18 COUNCIL MINUTES JULY 28, 1997 the Town Center project. Up to $4.1 million in funds will be given to communities for mixed use, transit-, and pedestrian -friendly projects. Applicants must be participants in the Local Housing Incentives Program. Staff is in the process of preparing a grant application for the Village. Projects receiving consideration must do one or more of the following: Provide access to a variety of transportation systems; link affordable housing with employment growth; intensify new and existing land use; provide mixed - income housing; and/or encourage public infrastructure that connects communities and attracts private sector investment. The City is requesting funding in several areas: To continue its refinement of the Village Master Plan as development occurs; to study the regulatory barriers to uniform design guidelines in the Village and throughout the Town Center; to define a capital improvements program for Village development; and to design a comprehensive financial program that links public and private funding sources. The City will also seek funding for a marketing study to validate the assumptions regarding the economic viability of the Village, and to develop a marketing program. Applications must include a resolution of support from the city in which the project is located. Staff recommends adoption of Resolution No. 97 - 87. Council Member Kuether asked if the restrictions preventing commitment to low-income rental projects suggested in the past would apply. Mr. Wessel responded that diversity of housing has been built into the Village, but that there is no requirement for the rest of the City. Council Member Bergeson moved to approve Resolution No. 97 - 87 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 87 can be found at the end of these minutes. CONSIDER REQUESTING PRESS PUBLICATIONS (OUAD PRESS) TO DESIGNATE CONTACT PERSON TO DEAL WITH CIRCULATION QUESTIONS/CONCERNS, RANDY SCHUMACHER Mr. Schumacher reminded Council of an appearance during the last Council meeting by a local citizen who expressed frustration with untimely delivery of the Quad Press. As this issue surfaces periodically, Mr. Schumacher suggested the need for Council to address this problem. Council Member Kuether suggested an increase in the number of publications distributed throughout the area. Council Member Neal pointed out that this publication was free of charge at its inception. At some point a charge was attached to the Quad Press. Mr. Schumacher suggested designation of a specific individual at the Quad Press headquarters who would respond to questions and/or complaints in an effort to centralize attention to problems. Council Member Neal suggested radio broadcast by Council members as an alternative to dispersing newsworthy items. Mayor Landers stated that he thinks such an idea is worth further investigation. Council Member Bergeson suggested that Mr. Schumacher contact the Quad Press and relate the suggestions made by various Council members. Council Member Bergeson moved that Mr. Schumacher be asked to contact the Quad Press and work with them on circulation problems. Council Member Neal seconded the motion. Motion carried unanimously. 1 9 •. • • • • COUNCIL MINUTES JULY 28, 1997 OLD BUSINESS - None. NEW BUSINESS Consider Accepting a Petition Regarding the Marvy Street/Leonard Avenue Utility Improvements, Marilyn Anderson - Ms. Anderson explained that on April 28 Council held a public hearing for the proposed Marvy Street/Leonard Avenue utility improvements. The hearing was closed, starting the 60 -day waiting period for the 36 area property owners to present a petition against the proposed improvements. Ms. Anderson stated that on the evening of the public hearing she received a survey containing 18 signatures including those of 3 people in favor of the project and 15 against. She stressed that this document was not a petition. On June 19 Ms. Anderson received a petition in opposition of the project. Twenty three properties opposed the project, 12 property owners did not sign the petition. Ms. Anderson stated that the people who would be effected by the proposed project are overwhelmingly against it. She recommended that Council accept this petition. Mayor Landers asked for verification that the document was indeed a true petition, to which Ms. Anderson responded yes. Mr. Schumacher clarified that this constitutes a legal negative petition. Ms. Anderson stated that it does. Council Member Kuether moved to accept the petition against the Marvy Street/Leonard Avenue utility improvements. Council Member Neal seconded the motion. Motion carried unanimously. Consider Setting HRA Work Session for Wednesday, August 6, 1997, 3:30 P.M., Randy Schumacher - Mr. Schumacher explained that the intent of the proposed meeting is for Council to meet as the HRA without Staff to "brainstorm" ideas regarding how the HRA could develop projects for the community. Mayor Landers reminded Council of the Budget Work Session scheduled for August 7, 1997, 8:00 to 5:00 Consideration of Rescheduling Special Council Meeting, Establish Rules of Conduct with Don Salverda for August 8, or August 11, 1997, 1:30 P.M. to 4:30 P.M., Randy Schumacher - Following discussion, Mr. Schumacher suggested that he contact Mr. Salverda to determine whether Tuesday, August 12 or Wednesday, August 13 would work better for this special meeting and notify Council in writing of the decision. ADJOURN Council Member Lyden moved to adjourn at 10:50 P.M. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the regular Council Meeting, August 11, 1997. 20 COUNCIL MINUTES JULY 28, 1997 Joh L. Landers, Mayor Marilyn G. Anderson, Clerk -Treasurer Transcribed by: Judy Pope Time Saver Off -Site Secretarial 2l • PROCLAMATION NATIONAL NIGHT OUT 1997 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on August 5, 1997 called "National Night Out", and WHEREAS, the "14th Annual National Night Out" provides a unique opportunity for Lino Lakes to join forces with thousands of other communities across the country in promoting cooperative, public safety -community crime and drug prevention and efforts; and WHEREAS, the Lino Lakes City Council plays a vital role in assisting the Lino Lakes Police Department through joint crime, drug and violence prevention efforts in Lino Lakes and is supporting "National Night Out 1997" locally; and WHEREAS, it is essential that all citizens of Lino Lakes be aware of the 410 importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in Lino Lakes; and WHEREAS, public safety -community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program; • NOW, THEREFORE WE, Lino Lakes Mayor and City Council Members, do hereby call upon all citizens of Lino Lakes to join the Lino Lakes Police Department and the National Association of Town Watch in supporting "14th Annual National Night Out" on August 5, 1997. FURTHER, LET IT BE RESOLVED THAT, WE, Lino Lakes Mayor and City Council Members, do hereby proclaim Tuesday, August 5, 1997 as "NATIONAL NIGHT OUT" in Lino Lakes. Clem/Trea�urer M - or Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-82 RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE LILAC STREET UTILITY EXTENSION IMPROVEMENTS. WHEREAS, a resolution of the Lino Lakes City Council adopted the 9th date of June, 1997, fixed a date for a Council hearing on the proposed improvement for the Lilac Street Utility Extension Project and, WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 14th day of July, 1997, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 9th day of June 1997. 2. The City Engineer or his assigns are hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the City Council this 14th day of July, 1997. Jn L. Landers, Mayor Marilyn G. And rson Clerk -Treasurer Bergeson The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Neal, Landers. The following voted against same: Lyden, Kuether abstained. Whereupon said resolution was declared passed and adopted. CERTIFICATION 1 hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on July 28 , 1997. 1 • u lyn G. Anderson. Clerk -Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97- 83 RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT WHEREAS, Minnesota Statutes Sections 473.851 require local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and staged development and with metropolitan system plans; and WHEREAS, Minnesota Statutes Sections 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes Section 473.867 authorizes the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls; and WHEREAS, the City of Lino Lakes requires a planning assistance grant to complete comprehensive planning activities, specifically the development of a Comprehensive Land Use Plan and a Comprehensive Transportation Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby authorized staff to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the City's Comprehensive Land Use Plan and Comprehensive Transportation Plan; and BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be submitted to the Metropolitan Council to be incorporated into the City's grant application package upon its adoption. Adopted by the Lino Lakes City Council this 28th d.. of July, 1997. ATTEST: Mari yn G. Anderson. Clerk/Treasurer Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-84 RESOLUTION VACATING A PORTION OF THE LAURENE STREET RIGHT-OF-WAY WHEREAS, the property owner has requested that a 17' x 100' portion of Laurene Street as shown on the attached map be vacated, and WHEREAS, the portion of Laurene Street indicated on the map has been reviewed by the City Engineer/Public Works Director and no adverse future problems were noted, and WHEREAS, a public hearing was held on July 28, 1997 before the City Council in the City Hall after due published and posted notice had been given by the Clerk on July 15 and July 22 and all persons interested were given an opportunity to be heard; and, WHEREAS, it appears that it will be for the best interest of the City to vacate such portion of Laurene Street, and WHEREAS, four fifths of all the members of the Council concur in this resolution, NOW, THEREFORE, BE IT RESOLVED, that a 17' x 100' portion of Laurene Street adjacent to the south/west corner of Lot 3, Block 2, Arthur E. Thom Addition as shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino Lakes this 28th day of July, 1997. ATTEST: 7�1c Marilyn G. Anderson, Clerk/Treasurer • L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon voted being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared passed and adopted. s • • • • Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-85 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT - 1997 WEAR COURSE AND TRAIL PAVING PROJECT. WHEREAS, the Engineer has prepared plans and specifications for 1997 Wear Course and Trail Paving Project and has presented such plans and specifications to the council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for ten days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Thursday, August 21, 1997, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, August 25, 1997, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Resolution 9EK 97 - 85 Page 2 Adopted by the Lino Lakes City Council this 28th day of July, 1997. Marilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on July 28, 1997. Marilyn G. Anderson, Clerk -Treasurer • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-86 RESOLUTION ORDERING PREPARATION OF REPORT FOR LAKE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS WHEREAS, it is proposed to improve Lake Drive between 79'h Street and Main Street by constructing watermain and sanitary sewer and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 28th day of July, 1997. John . ander s�M'ayor1'�•0••" �'�"0"" MYnn . Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on July 28, 1997. Marilyn G. Anderson, Clerk -Treasurer Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-87 AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, The City of Lino Lakes is a participant in the Livable Communities Act's Housing Incentives Program for 1997 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified the proposed Village project within the City as a project that meets the Demonstrations Account's purpose and criteria; and WHEREAS, the City has the institutional, managerial, and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Lino Lakes, Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account application submitted on August 8, 1997; BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Lino Lakes and to execute such agreements as necessary to implement the project on behalf of the applicant. Adopted by the Lino Lakes City Council this 28th say of July, 1997. L. L nders Mayor yor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers, The following voted against same: None . Whereupon said resolution was declared duly passed and adopted. •