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HomeMy WebLinkAbout12/14/1998 Council Minutes• COUNCIL MINUTES DECEMBER 14, 1998 CITY OF LINO LAKES MINUTES DATE : December 14, 1998 TIME STARTED : 6:32 P.M. TIME ENDED : 8:27 P.M. MEMBERS PRESENT : Bergeson, Dahl, Lyden, Neal, and Mayor Sullivan MEMBERS ABSENT : None Staff members present: Interim City Administrator, Dave Pecchia; Administrative Director, Dan Tesch; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; Consulting City Engineer, John Powell; Community Development Coordinator, Mary Alice Divine (part); Financial Analyst, Daryl Sulander (part); City Planner, Jeff Smyser; Environmental and Forestry Coordinator, Marty Asleson (part); and Clerk -Treasurer Marilyn Anderson SETTING THE AGENDA Mayor Sullivan added Item 9A, Contract for the Operating Engineers, Local #49 (49ner's), and Item 9B, Discussion of new City Administrator. The amended agenda was approved as presented. • CONSENT AGENDA Mayor Sullivan removed the Minutes from the Consent Agenda. She stated she would like to discuss the Minutes Policy at the next Council work session. Council Member Neal moved to approve amended Consent Agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: November 30, 1998 ($29,918.89) Approved December 14, 1998 (Check No. 53262 - 53440, $980,118.83) Approved Centennial Fire District (December 3, 1998) Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. COUNCIL MINUTES DECEMBER 14,1998 OPEN MIKE Ms. Connie Grundhofer, Linda Avenue, stated the Quad Press publishes the meeting dates and times for City meetings. Many times City meetings come up on the spur of the moment for the following Monday night. There is not enough time to publish these meeting notices. Ms. Grundhofer stated she does not have cable TV and does not receive the Quad Press until the following Tuesday. Because of this, she has missed City meetings that she would have attended. She asked if added meetings can be scheduled two weeks in advance to allow for the publication. Mayor Sullivan stated the City must give a 72 hour notice for special meetings. If an additional City meeting is needed, it is posted on the front door of the city hall. Ms. Grundhofer asked about the grading occurring near Baldwin Lake and Baldwin Park. Mr. Powell stated there is grading activity is for construction of a park trail and basketball court. The activity is taking place behind the well and pump house in Lino Lakes. The trail consists of eight (8) feet of pavement with a 12 foot base. It was noted that government Cable TV is available free of charge to all Lino Lakes residents where cable TV is available. Anyone interested should contact Mr. Tesch. PRESENTATION BY ENVIRONMENT CONSULTANTS, ENVIRONMENTAL INVENTORY PLAN, MARTY ASLESON Mr. Asleson stated the Environmental Inventory and Management Plan is nearly complete and the data is being refined. The Management Plan portion of the study began with the two (2) day environmental charettes. The Environmental Consultants, Jeff Schonebauer of Brauer & Associates and Steve Abflebaum were present to give the Council an update of the study. Mr. Schonebauer outlined the environmental study process. He also outlined the planning model which involves three (3) key components; 1) ecology, 2) cultural aspects, and 3) economic aspects. The purpose of the study is to develop a process to maintain the environment within development. Mr. Abflebaum presented an aerial map which indicated the base of ecological conditions within Lino Lakes. He stated a new way of working with the land is needed to better manage the ecological resources. Many ecological aspects of Lino Lakes are already degraded. A better use of the land will better protect the natural resources in the City. Mr. Schonebauer reviewed a list of Community Development Principles and stated he hopes they are adopted by the City. He distributed copies of an image preference survey that was presented at the Management charettes. He also went over a model of a development that is attainable within the City of Lino Lakes that preserves open space and natural resources. Mr. Abflebaum noted the final report and recommendations will be completed by April, 1999. 2 COUNCIL MINUTES DECEMBER 14,1998 Council Member Lyden stated the Environmental group deserves a great deal of credit for bringing Brauer & Associates in as consultants. He liked the thoughts and ideas presented by the consultants. He asked who was polled in the Image Preference Survey. Mr. Shonebauer stated the people polled were residents from Lino Lakes. Council Member Lyden noted the top three (3) images/values of those polled are related to open space. He asked if it is fair to say that the people in Lino Lakes place a high value on open space. Mr. Abflebaum explained that perception of density was indicated on the survey. Homes associated with a typical small town integrated with open space scored highly. What was not vital to those polled was open space that was not structured and certain architectural styles. Council Member Lyden stated he greatly appreciated the value the consultants put on the three (3) components. He stated the basic premise of the Comprehensive Plan must be based on all three (3) components. The common language by which development is currently discussed is economy. There is no language to express the ideas of open space, preserving natural resources, and rural areas and indicated he would prefer the Comprehensive Plan be built on those ideas. Mr. Abflebaum stated the three (3) components are similar to a three (3) legged stool which is much more stable. Each leg of the stool is represented by one of the three (3) images/values. The importance of the model is great. What the model represents is very valuable in how to view the future. Mayor Sullivan stated the picture of the model may not be used in the front of the Comprehensive Plan. However, the Comprehensive Plan is based on the 20/20 Vision and does put its focus on the environment, economics, and cultural aspects. Mr. Abflebaum stated that was his understanding in reading the draft of the Comprehensive Plan even though it may not show it symbolically. Council Member Lyden asked why the greenway corridors are not specifically outlined. Mr. Schonebauer indicated he was unsure as to why this happened. He will be looking into this. He indicated their focus is on preservation. Preservation of natural resources can only happen when it is economically viable. There are ways to make it economically viable and developers are willing to participate to achieve a balance. Council Member Neal asked if the model development and the actual plat map shown have the same amount of lots. Mr. Schonebauer indicated there are more lots in the model development. Mr. Wessel added that the emphasis of the environmental approach has been for residential development. It is also applicable to commercial development. These consultants have been working on the Town Center project. Mr. Abflebaum stated they have been looking at the four (4) quadrants of I -35W. Very refined • mapping of the quadrants including mapping trees, prairies, and wetlands is currently being done. COUNCIL MINUTES DECEMBER 14, 1998 Information found will be put on the base map for the site. A planning rational will then be reached. Mr. Schonebauer added they are also looking at trails and greenways. This approach really forces a different process of development. The difference is the consultants look at the natural resources in the area first. Then working with developers and through an interactive process, the developers can be shown what is wanted for that area. Mayor Sullivan stated she appreciates the consultants being present this evening. Each time she sees the plans she knows it is a wonderful vision for the community. She thanked the Environmental Board for their work and for bringing in the consultants. The Comprehensive Plan is a plan the citizens put together. Part of the Livable Communities grant is paying for the consultants work in the Town Center. Everyone involved should be proud of the work in the 20/20 Vision project. The Environmental Inventory Plan is part of the Comprehensive Plan. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Consideration of Resolution No. 98 -168, Adopting Final 1998 Tax Levy, Collectable in 1999 - Mr. Tesch stated that citizens expressed concern at the Truth in Taxation Hearing regarding the tax rate. Staff revisited this item and was able to lower the tax rate to 36.001%. Mr. Tesch introduced Mr. Daryl Sulander, who was recently hired as the Financial Analyst for the City. Mr. Sulander stated that pursuant to State Statute, a final 1998 tax levy, collectable in 1999 must be adopted. The levy includes the total (less HACA) General operating levy, Certificates of Indebtedness levies, the Fire Station Bond, the Civic Complex Bond and the Road Improvement Bond levies. The total net levy certified is $3,699,918. Based on data supplied by the Anoka County Division of Property Records and Taxation, the City tax rate will be 36.001%. Staff recommended Council adopt Resolution No. 98 - 168. Mayor Sullivan thanked staff for all the work they did to bring down the tax rate. Staff was able to reduce the tax rate by improving work processes, moving expenses to be paid later in the year and hiring additional staff later in the year than first anticipated. Substantial building permits will be coming in later in 1999 for construction in the Minnesota Correctional Facilities area. Mayor Sullivan noted that citizens need to know that next year the additional dollars to lower the tax rate will not be available. In the short term this was a good way to keep costs down. Mr. Sulander was asked about the $26,000 difference between the General Operating figure and the Budget Resolution. He explained the difference in the two (2) amounts is the recognition of prior year collections and fees or tax forfeit sales. Through the process of overall revenues, a 4 COUNCIL MINUTES DECEMBER 14, 1998 portion of tax levy is uncollectable and goes through delinquent taxes and is collected in • subsequent years or goes through the actual Sheriff's sale of tax forfeited properties. Council Member Bergeson moved to adopt Resolution No. 98 - 168, as presented. Mayor Sullivan seconded the motion. Motion carried with Council Member Lyden voting no. • Resolution No. 98 - 168 can be found at the end of these minutes. Consideration of Resolution No. 98 - 169, Adopting the 1999 General Fund Budget and the 1999 Sewer and Water Utility Budget - Mr. Sulander stated that pursuant to State Statue, a final 1999 General revenue and expenditure budget must be adopted. In addition, the City must prepare a 1999 operating budget for the Sewer and Water Utilities. Based on the 1997 resolution establishing utility rates, the budgets have been prepared and staff is requesting adoption of these budgets. Resolution No. 98 - 169 has been prepared for Council consideration. Council Member Bergeson moved to adopt Resolution No. 98 - 169, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Resolution No. 98 - 169 can be found at the end of these minutes. Consideration of Setting Hearing for 1999-2000 Community Development Block Grant (CDBG) Program - Mr. Tesch stated that each year the City is allocated CDBG dollars to fund projects that primarily benefit low income person/households or cleanup conditions of slum and blight. Anoka County has estimated the 1999-2000 grant to be $34,196 less $1,000 for administration for a total of $33,196. Staff is proposing that a public hearing be held on January 11, 1999, 6:30 p.m. to receive proposal for the use of these funds. February 8, 1999, is proposed as the date the Council will make it's final decision on how CDBG funds will be allocated. All requests must be to the County by February, 19, 1999. Council Member Lyden moved to set the 1999-2000 Community Development Block Grant Program public hearing date for January 11, 1999, 6:30 p.m. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC SERVICES REPORT, DAN TESCH Resolution No. 98 - 170, Accepting Donation from the Friends of the Parks - Mr. Tesch stated earlier this year the Friends of the Parks Foundation applied for a grant from Target Industries. They were awarded a grant in the amount of $1,000. • The Friends of the Parks Foundation donated this $1,000 to the Lino Lakes Parks and Recreation Department to help subsidize the Performance in the Park Concert series. Different bands COUNCIL MINUTES DECEMBER 14, 1998 entertained residents in Sunrise Park on Sunday evenings during the months of June and July. On average, approximately 125 adults and children have been coming to these concerts every Sunday. The kids love to listen to the music and play on the playground equipment while mom and dad enjoy the entertainment, visit with friends and neighbors, or munch on a picnic supper. This is the third year that the Fiends of the Parks Foundation has donated the grant proceeds to the Lino Lakes Parks and Recreation Department. Council Member Dahl moved to adopt Resolution No. 98 - 170, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 170 can be found at the end of these minutes. Consideration of Cleaning Services of City Buildings - Mr. Tesch stated the Public Services Division solicited bids for interior cleaning of City buildings for 1999. This includes cleaning of the existing City Hall, the Police Building, Centennial Fire District Station No. 2, and the Parks and Recreation Building. Sealed bids were opened on November 13, 1998. Two (2) companies submitted bids. All potential bidders were informed of the expected closure of the current Police Building and the current Parks and Recreation Building sometime mid year of 1999. The City reserves the right to terminate any or all described buildings at any time. Monthly amounts were itemized for each building. Bidders must provide proof of liability coverage in the amount of not less than $300,000 per individual and $750,000 per occurrence. Total monthly amounts for the four (4) buildings were submitted as follows: Diamond Cleaning Services $1,208.77 per month Coverall Cleaning Concepts $1,793.00 per month Staff recommended approval of a contract with Diamond Cleaning Services from January 1, through December 31, 1999. Diamond Cleaning Services has provided cleaning services for the City since January, 1997, and has done a good job. Council Member Neal moved to approve the bid and contract with Diamond Cleaning Services. Council Member Lyden seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 15 - 98, Zoning Text Amendment Pertaining to Non - Conforming Structures, Brian Wessel - Mr. Wessel stated this item received its first reading at the November 23, 1998, Council meeting. The amendment would allow alterations to an existing, residential non -conforming structure if "... they will improve the livability thereof, provided they will not increase the number of dwelling units or expand the size or degree of non- conformity of the existing structure". The existing wording of the ordinance would not allow the size of the building or structure to be increased. Staff would maintain that this defeats the intent of the ordinance which is to allow an expansion to improve the livability of the structure. 6 • • COUNCIL MINUTES DECEMBER 14, 1998 Staff recommended approval of the Second Reading of Ordinance No. 15 - 98. Mr. Wessel was asked if the "size" referred to the footprint of the building. Mr. Wessel indicated size does refer to the footprint of the building. Council Member Neal moved to approve the Second Reading of Ordinance No. 15 - 98, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 15 - 98 can be found at the end of these minutes. PUBLIC HEARING, Proposed Modification of TIF District No. 1-7 and Consideration of TIF Plan for TIF District No. 1-9, Mary Alice Divine - Ms. Divine explained earlier this evening the EDA approved the modification of this plan to remove unimproved parcels from TIF District 1-7 and to establish a new TIF District No. 1-9. Centennial School District and Anoka County have been notified about this new 10 -year economic development TIF district. As noted earlier, some of the parcels in TIF District No. 1-7 are being removed either because it is unlikely they will develop within the reasonably foreseeable future, or they are zoned for non- qualifying uses under State Statutes. TIF District No. 1-9 incorporates the light industrial parcels in the Apollo Business Center and Lakes Business Park that are likely to develop. This new TIF District provides the City with enough capacity to be competitive when offering financial assistance to businesses wishing to locate in the new district. Mayor Sullivan opened the public hearing at 7:45 p.m. No one was present to speak. Council Member Neal moved to close the public hearing at 7:45 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 -171, Adopting the Modification to TIF District No. 1-7 and Adopting the TIF Plan for TIF District No. 1-9, Mary Alice Divine - Ms. Divine stated this resolution finds that the modification of TIF District 1-7 to remove parcels from the district and establishing TIF District No. 1-9 to allow the City to provide tax increment financing assistance to prospective businesses, has been determined to be in the best interests of the City. The City is in negotiation stages with several prospective businesses and their inclusion in the plan will enable the City to facilitate their plans without having to return to the City for an additional modification to the district. The final development agreements with these businesses will be brought to the City Council for approval. Ms. Divine noted the Planning and Zoning Board reviewed the resolution and found it consistent with the Comprehensive Plan. Mayor Sullivan stated this is a big step to improve management practices for the City. Because of the TIF penalty some of the undeveloped parcels have been removed from the TIF District. The City has chosen to apply the 10% contribution rather than the TIF penalty option. COUNCIL MINUTES DECEMBER 14, 1998 Council Member Neal moved to adopt Resolution No. 98 - 171, as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no. Resolution No. 98 - 171 can be found at the end of these minutes. Resolution No. 98 - 172, Approve Payment No. 5 (final) and change Order No. 1, The Village -Phase 1, John Powell - Mr. Powell stated the contractor for The Village -Phase 1, Ryan Contracting, Inc., is requesting City approval of Payment No. 5 (final) in the amount of $8,358.61 including Change Order No. 1. The Withholding Affidavits have been submitted to the City and the Lien Waivers will be submitted prior to releasing the payment which will meet the requirements of the Construction Contract. The project included the installation of storm sewer and paving along the west end of Town Center Parkway, and along Village Drive, adjacent to the new businesses. The final contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Final Contract Amount Staff recommended Council adopt Resolution No. 98 -172. $153,893.45 $ 8,305.33 $145,588.12 Council Member Neal moved to adopt Resolution No. 98 - 172, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 -172 can be found at the end of these minutes. Consideration of FIRST READING, Ordinance No. 16 - 98, Sale of Property to Kathy Hansmann and Lakeland National Bank, John Powell - Mr. Powell stated that as part of the Lake Drive Trunk Utility and Apollo Drive -Phase 3 projects, the City acquired the Bruder property located on the west side of Lake Drive. The right-of-way for Apollo Drive passes through the Bruder property at an angle which creates two (2) pie shaped remnants which are located outside of the proposed right-of-way. After the trunk utilities and roadway are installed, the City will have no use for these remnants. Per the Council's direction, staff contacted the property owners immediately north and south of the proposed right-of-way to determine if they were interested in purchasing the lot remnants. Both Lakeland National Bank, the owner of the property located to the north, and Kathy Hansmann, the owner to the south, expressed interest in obtaining the remnants adjacent to their respective parcels. The addition of these remnant pieces to the remainder of their parcels will provide additional areas for landscaping and, in the case of the southern parcel, may lessen the impact on existing trees. Section 12.05 of the City Charter requires that real property owned by the City cannot be disposed of except by ordinance. After the First Reading of the ordinance, the Second Reading 8 COUNCIL MINUTES DECEMBER 14, 1998 will be held January 11, 1999, and the ordinance would be published in the Legal Newspaper. • The ordinance would be in effect 30 days from the date of the publication. Council Member Neal moved to approve the FIRST READING of Ordinance No. 16 - 98, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Council Member Neal voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Consideration of Sending the Lyden/Dahl Proposal to the Metropolitan Council, Brian Wessel - Mr. Wessel stated the Comprehensive Plan has been approved for submission to the Metropolitan Council and is currently being prepared for submission by the end of the year. The Plan is being forwarded to adjoining communities and agencies for reviewal. He stated the Open Space Development Plan (Lyden/Dahl Plan) prepared by Council Member Lyden and Council Member Dahl was submitted to the Comprehensive Plan Task Force on June 25, 1998. It was reviewed on July 16, 1998. Portions of the plan have been integrated into the draft Comprehensive Plan. He asked Council for direction regarding forwarding the Lyden/Dahl Plan to the Metropolitan Council as well as the draft Comprehensive Plan. Council Member Neal felt the Lyden/Dahl Plan should be sent to the Metropolitan Council to get • another opinion. • Council Member Bergeson stated he did not think the Lyden/Dahl Plan should be sent because the City Council appointed a Comprehensive Plan Task Force to develop the Plan that is being submitted. The Task Force did not recommend sending in a minority report as well. He indicated he believes the document is a minority report and is not in favor of submitting it to the Metropolitan Council. Council Member Lyden stated he could say that any plan that has less than a 4/5 vote is a minority plan. The intent of forwarding the Lyden/Dahl Plan is for the Metropolitan Council to have a broad spectrum of where all the Council Members are coming from. Mayor Sullivan stated the key elements of the Lyden/Dahl Plan are similar to policies used to develop the Comprehensive Plan which has been approved. The City has put together a Plan that includes policy and specific land use issues. The Lyden/Dahl Plan is not that type of plan. The document is 58 pages in which eight (8) pages are Xerox copies from Rural By Design which is a text used by the 20/20 Vision group. Four (4) pages are recommendations that are in the Plan. One page is the Economic Health Index (EHI) which is a measure of success of the process. The EHI is only one measure. It is a financial measure only. Three (3) things that need to be part of the Plan that also need to be measured are ecology, economics, and cultural aspects. Two (2) pages are numbers comparisons. One of those pages was put together by the City and is mislabeled. The second portrays numbers of MUSA which are inaccurate and the author is COUNCIL MINUTES DECEMBER 14, 1998 aware of the inaccuracies. One page is a wish list. She stated she wanted the public to understand how close the two (2) plans really are. There is one table in the Lyden/Dahl Plan which talks about the increase in community development. With proper labeling, the table would show the City's commercial development and housing development have increased over the last five (5) years. Another table compares Lino Lakes to Maplewood, Roseville, and S. St. Paul. Lino Lakes doesn't have a 3M although it has the space for something like that. Roseville has a regional shopping center. The citizens have clearly stated they do not want a regional shopping center in this City. S. St. Paul has the stockyards as a tax base. Mayor Sullivan stated that Lino Lakes is unique to Lino Lakes and the goals of the Comprehensive Plan have been developed relating to what fits for this community. Mayor Sullivan continued stating that one page of the Lyden/Dahl Plan is a bibliography. Twelve pages relate to cluster development which is part of the Comprehensive Plan. Four (4) pages are a bibliography from the Farmland Information Library. Thirteen pages are copies of the Lino Lakes Quality of Life Survey. Ten pages have one quote on each page. Mayor Sullivan stated the wish list has individuality and uniqueness. The first comment is "I am as interested in high density development as I am cancer". Both the 20/20 Vision Advisory group and the Comprehensive Plan Task Force discussed the issue of diversity and housing. Lino Lakes can not afford to over build housing that cannot be sold to future generations. When you look at the demographics, the City will not have the same number in future generations as it has now with the baby boomers. Diversity in housing must to be considered. Mayor Sullivan went over the wish list items in the Lyden/Dahl Plan and explained why she did or did not support each item: Mayor Sullivan explained that she could not support the Lyden/Dahl Plan. Part of it is in the Comprehensive Plan and part of it does not belong in the Plan. No one involved in the process of the development of the Comprehensive Plan got all the items they wanted. Council did have the opportunity to provide lists of what they wanted. The Comprehensive Plan Task Force worked with experts to put together the Plan. Council was a part of the process and approved the members on the Comprehensive Plan Task Force. The process of the Plan was citizen based. It is a citizens Plan with comments from citizens incorporated into it. Citizens worked with professionals and staff to develop the Plan. The City has made a statement about what it wants to be. Mayor Sullivan stated she believes it would be confusing to send the Lyden/Dahl Plan to the Metropolitan Council because all elements are not included in that document. The Metropolitan Council is looking for a balanced plan. The City has voted 3/2 to send the Comprehensive Plan forward. She indicated she will not support the additional document. 10 • COUNCIL MINUTES DECEMBER 14, 1998 Mr. Wessel stated that if Council does decide to send the document forward it needs to be very specific about what it wants the Metropolitan Council to do with it. Mr. Smyser stated the Metropolitan Council is wondering why the City would send them the Lyden/Dahl Plan. The City is supposed to send them a Comprehensive Plan. The Metropolitan Council has indicated they are not sure how to approach this plan and they do not want to be a referee. They have asked the City to tell them if it is part of the larger plan or if the City wants an opinion regarding the document. Council Member Neal asked if the Comprehensive Plan has already been submitted. Mr. Wessel indicated the Plan has not yet been submitted to the Metropolitan Council. It is being prepared for submittal and will be submitted by the end of the year. Mayor Sullivan stated that the community has to recognize that the City Council represents this community internally and externally. The Comprehensive Plan has been forward to the Metropolitan Council on a 3/2 vote. Sending the Lyden/Dahl Plan would be confusing. She stated she absolutely does not support this document being forwarded as representing the City of Lino Lakes. Mayor Sullivan moved to not send the Lyden/Dahl Plan to the Metropolitan Council as any piece or relation to the draft Comprehensive Plan. Council Member Bergeson seconded the motion. Council Member Neal asked if there was any chance of any more discussions to gain a compromise on the Plan. Mayor Sullivan stated she has offered to open up discussions if Council Member Lyden and Council Member Dahl bring forward specific recommendations. Council Member Neal asked about the City building apartments for low income families. Mayor Sullivan stated the Plan does involve some higher density housing but does not deal with lower income. families. Council Member Neal stated he has changed his mind and does not think the Lyden/Dahl should be sent to the Metropolitan Council. Council Member Lyden stated he could say sending the Plan with a 3/2 vote is not being responsible. It appears it is Council Member Lyden's and Council Member Dahl's responsibility to catch the "train". It is the whole Council's responsibility. The Metropolitan Council should have a broad spectrum. He stated he does not appreciate the idea that it is their responsibility to catch the "train" that you sent down the tracks. Mayor Sullivan stated that Council has offered the opportunity to come to an agreement on the Comprehensive Plan. Motion carried with Council Member Dahl and Council Member Lyden voting no. 11 COUNCIL MINUTES DECEMBER 14, 1998 PUBLIC SAFETY REPORT, DAVE PECCHIA Consideration of Accepting the Resignation of Officer Fossum - Mr. Pecchia stated that after nine (9) years of serving the residents of the community, part-time Officer Robert Fossum has submitted his resignation from the Lino Lakes Police Department citing scheduling conflicts. Mr. Pecchia requested the Council accept Officer Fossum's resignation and wish him well in his future endeavors. Mr. Pecchia stated that Officer Fossum was the City's only part-time Police Officer. The position will not be filled thus ending an era of part-time Police Officer's serving the City. Council Member Lyden moved to accept Officer Fossum's resignation as presented. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Consideration of the Operating Engineer's Union Local #49 (49ner's) Contract, Dan Tesch - Mr. Tesch stated that a three (3) year contract has been reached with the local 49ner's. The contract changes include a 3% increase in wages which is consistent with the industry. The contract also increases their insurance coverage to be equal with the City manager's. Severance language and comp time has been added. Life insurance has been increased to $25,000. The pay difference for heavy equipment is 30 cents per hour. The union will vote on the contract December 15, 1998. Mayor Sullivan noted the contract agreement took a long time. She indicated the City has a super group of people doing this work. Council Member Bergeson noted the wage rate has increased 3% which represents real gains for the workers because inflation has been lower than 3% for the last several years. Council Member Neal asked if the workers have back pay coming. Mr. Tesch indicated the workers will receive one year's back pay as outlined in the contract. Council Member Neal moved to accept the contract for the Operating Engineer's Union Local #49 as outlined. Council Member Lyden seconded the motion. Motion carried unanimously. Discussion of New City Administrator, Dave Pecchia - Mr. Pecchia stated there was a meeting earlier this evening to discuss the three (3) finalists for the City Administrator position. Council has decided to extend an offer to one of the finalists. He stated he will work with PDI and Mr. Tesch to draft the final details of the employment agreement. This issue will come before Council on December 21, 1998, for final approval. 12 COUNCIL MINUTES DECEMBER 14, 1998 • COMMUNITY CALENDAR FOR DECEMBER 15,1998 THROUGH DECEMBER 21, 1998 Council Work Session, Wednesday, December 16, 1998, 5:30 p.m., DATE CHANGE for Last Work Session Coffee with the Mayor, Friday, December 18, 1998, 7:30 p.m. Council Meeting, Monday, December 21, 1998, 6:30 p.m., DATE CHANGE for Last Council Meeting of the Year City Hall Closed for Christmas Holiday, December 24th and 25th, 1998 City Hall Closed for the Holiday, December 31, 1998, and January 1, 1999 Mayor Sullivan noted that any one interested in applying for the City Boards has until December 31, 1998, to apply. Council Member Neal announced candy and toys will be distributed to the needy for the holidays. He asked that anyone who needed assistance over the holidays to contact him. ADJOURN • There being no further business, Council Member Dahl moved to adjourn at 8:27 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, January 11, 1999. al-11-kt ilAl Id" g-14-ert- Marilyn Anderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. • 13 ullivan, Mayor Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 168 RESOLUTION CERTIFYING THE FINAL 1998 TAX LEVY, COLLECTABLE IN 1999. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenditures for General Fund operating costs anticipated in the year 1999, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards Certificate of Indebtedness obligations, and WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses towards the Public Project Revenue Bonds, Civic Complex Bonds, and Road Improvement Bonds, and WHEREAS, the City of Lino Lakes is restricted by levy limitations imposed by the State of Minnesota. NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a final basis the following upon taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the year 1998 to be spread for taxes due and payable in the year 1999 (without HACA) is $3,699,918. 2. The total amount above levied (without HACA) is for the following purposes: GENERAL OPERATING $2,926,261 General Bonded Debt Public Project Revenue Bonds of 1990 110,034 Civic Complex Bonds of 1998 252,284 Road Improvement Bonds of 1998 131,237 Equipment Certificates of 1996 79,278 Equipment Certificates of 1997 79,278 Equipment Certificates of 1998 121,546 Total General Obligation Bonded Debt $ 773,657 TOTAL LEVIES $3,699,918 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget and special levies for Public Project Revenue Bonds, Civic Complex Bonds, Road Improvement Bonds and Equipment Certificates as reviewed by the City Council represent the basis for this levy. Individual department budgets are subject to preliminary approval by the City Council and shall be authorized by separate action. • • • • • Page 2 Adopted by the Lino Lakes City Council this 14th day of December 1998. I I I Marilyn G. nderson, Clerk -Treasurer ayor The motion for the adoption of the foregoing resolution was duly seconded by Mayor Sullivan. and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. The following voted against same: Council Member Lyden. Where upon said resolution was declared duly passed and adopted: Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 169 RESOLUTION ADOPTING THE FINAL 1999 GENERAL OPERATING AND THE WATER AND SEWER BUDGETS FOR THE CITY OF LINO LAKES WHEREAS, Pursuant to State Statute, the Lino Lakes City Council is required to adopt a resolution setting final General Fund revenues and expenditures for the upcoming fiscal year, and WHEREAS, the Lino Lakes City Council adopted resolution no. 97- 03 on January 13, 1997 establishing the three year rate schedule for water and sewer services, and WHEREAS, effective with bills rendered after January 1, 1999 the projected revenue generated by the fee schedule is sufficient to fund the 1999 Water and Sewer Fund budgets established by the Engineering Department and should be adopted through resolution. NOW THEREFORE BE IT RESOLVED: The following General Fund operating budget be adopted for 1999: 1999 FINAL GENERAL FUND BUDGET REVENUES: Property Taxes $2,952,261 Intergovernmental Revenue 668,926 Business Licenses and Permits 26,050 Non -Business Licenses and Permits 613,693 Charges for Services 23,000 Public Safety 54,000 Municipal Fines 100,000 Interest on Investments 65,000 Engineering/PlanningFees 153,849 Administrative Fees 133,000 Franchise Fees 59,000 Miscellaneous 226.783 TOTAL GENERAL FUND REVENUES $5,075,562 EXPENDITURES: Administration Mayor and Council $ 75,990 Elections 13,140 Administration 397,002 Cable TV 2,530 Seniors 10,270 Finance 228,080 Legal Consultants 115,000 Charter Commission 6.700 Total Administration $ 848,712 • • • • • Page 2 Expenditures Continued Community Development Community Development $ 320,336 Engineering 139,780 Planning and Zoning Board 10,150 Environmental 71,168 Solid Waste Abatement 29,804 Forestry 62.298 Total Community Development $ 633,536 Public Safety Police $1,513,224 Fire 286,000 Building Inspections 180.110 Total Public Safety $1,979,334 Public Services GovemmentBuildings $ 286,080 Streets 520,333 Fleet Management 203,362 Parks 417,338 Recreation 179,947 Park Board 6.920 Total Public Services $1,613,980 TOTAL GENERAL FUND EXPENDITURES $5,075,562 LET IT BE FURTHER RESOLVED: The following Water and Sewer Budgets be adopted for 1999: 1999 WATER FUND BUDGET 1999 SEWER FUND BUDGET Revenues $ 500,000 Expenditures $ 439,622 Difference $ 60,378 $ 643,000 $ 607,151 $ 35,849 Adopted by the Lino Lakes City Council this 14th day of Dece fir 1998. lipi Ki it'll n7yor -/91 1oJLLJ Marilyn G. Anderson, Clerk -Treasurer 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: Bergeson, Dahl, Neal, Sullivan. The following voted against same: Council Member Lyden. Where upon said resolution was declared duly passed and adopted: Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -170 RESOLUTION ACCEPTING DONATION FROM THE FRIENDS OF THE PARKS FOUNDATION IN SUPPORT OF THE PERFORMANCES IN THE PARKS SERIES WHEREAS, WHEREAS, WHEREAS, WHEREAS, each year the Friends of the Parks Foundation applies for a grant from Target Industries, and a grant was awarded to the Friends of the Parks Foundation for $1,000.00, and the Friends of the Parks Foundation has donated the grant funds to the City of Lino Lakes, and the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures - Performances in the Parks $1,000.00 $1,000.00 NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $1,000.00 in support of the Performances in the Parks Series and wishes to express its gratitude to the Friends of the Parks Foundation and Target Industries for their donation. Adopted by the Lino Lakes City Council this 14th Milyn G. Anderson, Clerk -Treasurer � 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: Council Members Bergeson, Dahl, Lyden, Neal and Mayor Sullivan. The following voted against the same: none. Whereupon said resolution was declared duly passed and adopted. *:. :.: • • • CITY OF LINO LAKES ANOKA COUNTY STATE OF MINNESOTA Council member Neal introduced the following resolution and moved its adoption: RESOLUTION NO. 98 — 171 RESOLUTION MODIFYING TAX INCREMENT FINANCING DISTRICT NO. 1-7 AND THE ADOPTING THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN THEREFOR AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-9 WITHIN DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Lino Lakes, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The EDA has heretofore established Development District No. 1 and adopted the Development Program therefor. It has been proposed that the City modify Tax Increment Financing District No. 1-7 ("District No. 1-7") and adopt the Modification to the Tax Increment Financing Plan therefor and establish Tax Increment Financing DistrictNo. 1-9 ("District No. 1-9") therein, and adopt the Tax Increment Financing Plan therefor (collectively, the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.1081 and 469.174 through 469.179, all inclusive, as amended, all as reflected in the Plans, and presented for the Council's consideration. Generally, the Modification of District No. 1-7 is to remove 14 parcels from DistrictNo. 1-7, as listed in Appendix II -A of the Modification to the Tax Increment Financing Plan. Five of these parcels will be in Tax Increment Financing District No. 1-9 and are listed in Appendix III -C of the Tax Increment Financing Plan for District No. 1-9. 1.02. The Council has investigated the facts relating to the Plans. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Plans, including, but not limited to, notification of Anoka County and School District No. 12 having taxing jurisdiction over the property to be included in District No. 1-9, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04 The Council recognizes that, pursuant to Minnesota Statutes, Section 469.177, Subd. 3, clause b, there is a mandatory fiscal disparities contribution for DistrictNo. 1-9, an economic development district. N: \Minnsota\LINOLA KE\TIFI-9\city_res. wpd Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Modification of Tax Increment Financing District No. 1-7. 3.01 The Council hereby reaffirms the original findings for the Tax Increment Financing District No. 1-7 as modified herein, namely: that District No. 1-7 is in the public interest and is an "economic development district" under Minnesota Statutes, Section 469.174, subd. 12; that the proposed development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future; that the Modification conforms to the general plans for development of Lino Lakes as a whole; and that the Modification will afford maximum opportunity, consistent with the sound needs of the community as a whole, for development of the District by private enterprise. Section 4. Findings for the Establishment of Tax Increment Financing District No. 1-9. 4.01. The Council hereby finds that Tax Increment Financing District No. 1-9 is in the public interest and is an "economic development district" under Minnesota Statutes, Section 469.174, subd. 12. 4.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value on the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of District No. 1-9 permitted by the Tax Increment Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of District No. 1-9 by private enterprise. 4.03. The City elects to make a qualifying local contribution in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d), in order to qualify District No. 1-9 for exemption from state aid losses set forth in Section 273.1399. 4.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, includingwithout limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Community Development Director. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for N:\M innsota\LINOLAKE\TIF1-9\city_res.wpd • • • • • • EXHIBIT A RESOLUTION # 98 — 171 The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-9, ("District No. 1-9") as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the District No. 1-9 is an economic development district as defined in M.S., Section 469.174, Subd. 12. Tax Increment Financing District No. 1-9 consist of several parcels within the City's Development District No. 1, delineated in the Plan, for the purpose of financing economic development in the City through the use of tax increment. District No. 1-9 consists of a portion of Development District No. 1 not meeting requirements for other types of tax increment financing districts, which is in the public interest because it will facilitate construction of a manufacturing facility for Midwest Veneer, H.L. Mesabi, Lino Lakes Business Center Phases 5, 6, and 7, and additional manufacturing development which will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; it will increase employment in the state, and preserve and enhance the tax base of the state. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting thepresent value of the projected tax increments for the maximum duration of District No. 1-9 permitted by the Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan is a manufacturing facility that meets the City's objectives for economic development. The cost of land acquisition, site and public improvements and utilities makes development of the facility infeasible without City assistance. The developers have been asked for and provided a letter as justification that the developer would not have gone forward without tax increment assistance ( see attachment in Appendix F). The increased market value of the site that could reasonable be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting thepresent value of theprojected tax increments for the maximum duration of the TIF District permitted by the Plan: The City supported this finding on the grounds that the cost of land acquisition, site and public improvements and utilities add to the total development cost. Historically, site development costs in this area have made development infeasible without tax increment assistance. This site has been marketed for at least 8 years without success. Therefore, the City reasonably determines that no other development of any kind is anticipated on this site without substantially similar assistance being provided to the development. Accordingly, the increased market value anticipated without tax increment assistance is $0. A comparative analysis of estimated market values both with and without establishment of Tax Increment Financing District No. 1-9 and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in District No. 1-9, the total N: \ Minium \LINOLAKE\TIFI-9\ciry_res. wpd increased market value would be up to $29,641,900. The present value of tax increments from District No. 1-9 is estimated to be $2,276,967. It is the Council's finding that no development with a market value of greater than $26,254,455 would occur without tax increment assistance in this district within 9 years. This finding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of District No. 1-9 (see Cashflow in Appendix D). 3. Finding that the Tax Increment Financing Plan for District No. 1-9 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Plan was reviewed by the Planning Commission on December 9, 1998. The Planning Commission found that the Plan conforms to the general development plan of the City. 4. Finding that the Tax Increment Financing Plan for District No. 1-9 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. The project to be assisted by District No. 1-9 will result in increased employment in the City and the State of Minnesota, increased tax base of the State, and add a high quality development to the City. N:\Minnsota\LINOLAKE\TIFI-9\city_res.wpd • • • • • its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to remove the parcels from Tax Increment Financing District No. 1-7 as listed in Appendix II -A of the Modification and to adjust the base tax values accordingly. 5.04 The Auditor of Anoka County is further requested to certify the original net tax capacity of District No. 1-9, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Lino Lakes is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within District No. 1-9, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.05. The City is further authorized to file a copy of the Plans with the Commissioner of Revenue. The motion for the adoption of the foregoing resolution was duly seconded by Council member Bergeson , and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Neal, Sullivan. and the following voted against the same: Council Member Lyden. Dated: December 14, 1998 (Seal) ATTEST: Citi Clerk/Treasurer N:\Minnsota\LINOLAKE\TIF I -9\city_res.wpd Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -172 RESOLUTION APPROVING PAYMENT 5 (FINAL) and CHANGE ORDER NO. 1 FOR THE VILLAGE -PHASE 1 PROJECT WHEREAS, the construction of The Village -Phase 1 Project has been completed by Ryan Contracting, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Change Order No. 1 in the amount of $8,305.33 is approved. 2. Payment number 5 (final) in the amount of $8,358.61 is approved for a total contract amount of $145,588.12. Adopted by the City Council this 14th —121 Marilyn . Anderson Clerk -Treasurer - II L .011P! . •-�yA.:u�!n, Mayor 98. The motion for adoption of the foregoing resolution was duly seconded by and upon vote being taken Council Member Dahl thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan. The following voted against same: none. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on December 14, 1998. e� � Marilyn�Jj rson, Clerk -Treasurer • • Council Member Neal moved its adoption: introduced the following ordinance and ORDINANCE NO. 15-98 CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE PROVIDING FOR THE REGULATION OF ALTERATIONS TO STRUCTURES CONTAINING NON -CONFORMING RESIDENTIAL UNITS THE CITY COUNCIL OF THE CITY OF LINO LAKES DOES HEREBY ORDAIN: Section 1. Section 3, Subd. 2.B.9 of the Lino Lakes Zoning. Ordinance (Non -Conforming Uses and Structures, Provision) is hereby amended to read as follows: 9. Alteration may be made to a structure containing non -conforming residential units when they will improve the livability thereof, provided they will not increase the number of units or expand the size or degree of the non -conformity. Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Lino Lakes City Council the 14th day of Decem 1998. CI B1 Mak Ki berl S i�n, Mayor ATTEST: , cp,a t, 14 ,j),,d2.,4„,, Marilyn G. Anderson, Clerk/Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken, thereon, the following voted in favor:. Bergeson, Dahl, Lyden, Neal, Sullivan. The following against same: none. :Whereupon'.said ordinance was declaredpassedand adopted.