HomeMy WebLinkAbout04/07/1999 Council Minutes•
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CITY COUNCIL WORK SESSION
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT'.
CITY OF LINO LAKES
MINUTES
Apr il7,1999
5:35 p.m.
10:55 p.m.
Council Members Bergeson, Dahl (5:42
p.m ), Lyden (5:42 p m.), Neal, and Mayor
Sulliva
None
APRIL 7, 1999
Staff members present: City Administrator, Linda Waite Smith,,Adrnisttration Director,
Dan Tesch; City.Engineer, John Powell; Community Development Director, Brian
Wessel; Economic Development Assistant, Mary Alice Divine; Planning Coordinator,
Mary Kay Wyland; Public Service Director, Rick DeGardner; City Attorney, Barry
Sullivan (part); Chief of Police, Dave Pecchia; Environmental Specialist, Marty Asleson;
City Planner, Jeff Smyser; and City Clerk Marilyn Anderson
DISCUSS FOGERTY INVESTMENT PROJECT, JEFF SMYSER
Jeff Smyser stated Fogerty Investments has submitted an application for a Planned
Development Overlay (PDO) fpr light industrial uses on a lot in the Apollo Business
Park. Currently the lot is z - d General Business and is located next to the North
Suburban Health Clinic e .posed plan is to include four (4) buildings. The Zoning
Ordinance allows more i anon "principal building on a lot only in a planned
development overlay. The future plan is to subdivide the lot into three (3) parcels with
two (2) buildings on one of the lots.
The North Subur
General Business
ealth Clinic is opposing the application for the rezoning from
ight Industrial.
Staff recommended approval of the applications based on several conditions.
Mr. Bill Fogerty, Fogerty Investments, stated he understood the area was designated
Light Industrial when the new Comprehensive Plan is adopted. He also stated the City
indicated they would like a visually pleasing development from the freeway. He noted all -
truck transportation will be on the inside the lot and a new driveway would be
constructed on the southern edge of the lot to keep truck traffic away from the clinic.
• Mr. Curt Martinson, a representative for Fogerty Investments, distributed a document that
lists F & G, Inc. and LLBC's current tenants, type of businesses, square footage of each
CITY COUNCIL WORK SESSION APRIL 7,1999
building, and the number of employees in each building. The document also shows the
Real Estate Taxes payable for F & G, Inc., and LLBC properties for 1999. The total
number of employees at the four (4) buildings are 316, 307 which were new jobs created
within the City.
Ms. Deb Lawrence, a representative for HealthPartners ( North Suburban Health Clinic),
stated they looked very carefully for an appropriate location for the clinic. She expressed
the clinic's concern regarding freeway visibility, noise, traffic, and exhaust fumes. She
stated the City asked the clinic to share a driveway access when the site was chosen. The
clinic purchased the property in 1996. At that time the property was zoned General
Business. The clinic looked into all General Business uses to ensure those uses were
compatible to the clinic.
Dr. Steve Slaten came forward and stated he has been a resident of Lino Lakes for 20
years. He has practiced medicine in the City for 15 years. He stated that he very strongly
believes that medical clinics do not belong in industrial parks. He expressed concern
regarding the type of business that may locate there in the next. 5-10 years. He asked that
the property remain zoned General Business.
John Powell reviewed the Joint Powers Agreement with the County regarding Apollo
Drive. He indicated staff has reviewed the traffic flow through the site and is comfortable
with the findings. He noted Apollo Drive was constructed for much more traffic than it
currently has.
Mr. Don Dunn, resident of Lino. Lakes, stated hebelieves the rezone is compatible with
the Comprehensive Plan. Input'' about the rezoning was needed at the Comprehensive
Plan Task Force meetings. He stated he is disappointed that a resolution has not been
found between the clinic and Fogerty Investment. The proposal is a good step in meeting
the City's tax base goals A negative vote to the proposal is discouraging business in
Lino Lakes. He noted that if the two (2) parties would work together a resolution could
be found.
Council Member Dahl asked Mary Kay for a copy of the minutes from the Planning and
Zoning meeting when the clinic was developed. She also asked for the green sheet
regarding the clinic's site plan. Mary Kay indicated she would get the information for
Caroline before the next council meeting, April 12, 1999.
This item will appear on the agenda at the regular Council meeting Monday, April 12,
1999.
DISCUSS VAUGHAN SETTLEMENT, BARRY SULLIVAN
This matter relates to the land swap between the City of Lino Lakes and Anoka County.
The city obtained a parcel of land from Mr. Vaughan by eminent domain. This parcel
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CITY COUNCIL WORK SESSION APRIL 7,1999
was then exchanged with Anoka County for the land on which the Civic Complex is
constructed.
The eminent domain proceedings of the Vaughan property went to a jury trial a few
weeks ago. On the fourth day of the trial a settlement was reached.
Mr. Vaughan had asked for $1,500,000. for the property. He also indicated that taking
part of his property diminished the value of the existing property. He believed the City
took part of his platted property because the lines on the map did not match.
It was determined that some of the acquisition did come into his platted land. However,
there was also land that was intended to be taken but was not.
Both parties agreed to the settlement based on the following conditions:
1. The City agreed to a sum of $290,000 for the property.
2. The City agreed to work with the County to adjust the property lines to make
them consistent with what the city intended.
3. The City will ask the County to conveysome land back to Mr. Vaughan.
4. The City will attempt to straighten out the lines in the left hand corner of the
property (Mr. Sullivan referred to the map)
5. Mr. Vaughan agreed to convey land to the City and County to meet the 100
acre requirement.
6. The City wi
to include:
aff level, cooperate with Mr. Vaughan to develop his island
The„City will not guarantee development if a rezone or PDO is
required.
b. Development of the island will require DNR and Rice Creek Watershed
approval.
7. The City will not use encroachment as basis of denial of the final plat.
8. The City will pay $5,000 each for some lots if Mr. Vaughan loses lots due to
the County taking land back or right-of-way requirements.
Mr. Sullivan advised the City may potentially be required to pay an additional $40,000
for 8 lots.
CITY COUNCIL WORK SESSION APRIL 7, 1999
Mr. Sullivan noted that he will speak to the surveyor about the mistakes in the map lines,
with Council approval.
Mr. Sullivan stated he will ask for authorization from Council for the second payment
and then begin discussions with the County to straighten the property lines.
This item will appear on the agenda at the regular Council meeting Monday, April 12,
1999.
AMERICAN LEGION LAND ACQUISITION, COUNCIL MEMBER, NEAL
Council Member Neal distributed a picture of the type of building the Legion is going to
build on the site of the current police station. He noted that the architecture will match
the Town Center. The Legion is meeting with the general contractor tomorrow to begin
the building process.
Mr. Neal stated the Legion needs to know how much the city will ask for the property.
He suggested $1.00 on the low end to $10,000 on the high end. He added that the City
should help local people within the City.
Mr. Neal added that the Legion will have representatives going out house to house in the
area to explain the Legion plans for the lot.
Mr. Bob Moser, Financial Officer for the Legion, stated the Legion has been trying to
relocate in the City since 1997. The Legion has spent $60,000 on two (2) potential sites
that fell through. He asked the City to sell the Legion the land at a minimal amount
because of the dollars already spent
Brian Wessel stated the appraisal will be available by the second Council meeting in
May. Approval for the appraiser will be requested at the regular Council meeting on
Monday.
Council directed Linda Waite Smith to speak with the City Attorney about preparing a
Right of First Refusal Contract with the Legion.
Ms. Donna Carlson, resident of Lino Lakes, expressed concern regarding the Legion
signing a contract with a general contractor if the City will not sell the land at a
reasonable price. She stated the land given to the YMCA was not appraised. The YMCA
is not a local business. The value of the Legion is such that the City should not spend
$1,500 for an appraisal. The Legion should get a commitment from the Council
regarding the sale of the land.
It was the consensus of the Council to obtain a formal appraisal of the property. After the
appraisal is received, a negotiated price can be determined.
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CITY COUNCIL WORK SESSION APRIL 7, 1999
This item will appear on the agenda at the regular Council meeting Monday, April 12,
1999.
The Council moved to the council chambers at 8:30 p.m. to listen to the annual Police
Department Report presented by Steve Mortenson.
The meeting reconvened at 8:40 p.m.
CLEARWATER CREEK PHASE III UPDATE, JEFF SMYSER
Jeff Smyser advised this item is continued from the March 22, 1999, Council meeting.
Council had several questions about the open space. There are several options for
ownership and/or care of the open space:
1. Homeowners association owns the open space except the trail corridor. Deed
restrictions to address open space protection. A management plan for the open
space is part of the homeowners association by-laws.
2. Homeowners association owns the open space except the trail corridor. The
City holds an easement over the open space that restricts activity in the open space
and gives this enforcement authority to the City. Monitoring of the easement
areas is the responsibility of the City. A management plan for the open space is
part of the homeowners association by-laws.
3. City owns all the open space. City is responsible for management of open
space.
Staff recommended op,
Mayor Sullivan stated the Council needs a draft process and schedule before Monday
night regarding.City involvement in the open space. The City must also get an escrow or
endowment to cover the.expense of management of the open space.
J.P. Houchins, Environmental Board, stated it was the consensus of the Environmental
Board that if the land owners have a homeowners association they care more about the
open space and take care of it better. The City does need some control to make sure the
open space is used properly. He noted the importance of getting a model development for
this particular open space as this will be used as a model for other open space
development.
Mr. Smyser stated that in discussing the phasing of the development with Mr. Quigly,
developer of Clearwater Creek, it was determined that he wanted to construct roads and
utilities in an area large enough to include the park and much of the trail system in the
first phase. This would be the western portion or about 135 lots. The second phase
would be the northeast portion. The last phase would be the southeast portion.
CITY COUNCIL WORK SESSION APRIL 7,1999
Mr. Quigly, stated Phase 1 would consist of 135 lots and include the park and trails.
However, building permits would be limited to 75 in 1999. The second phase is
approximately 50 lots and the third phase is approximately 58 lots. He stated he
anticipates the whole project to be completed within 4-5 years.
Mr. Quigly noted he plans to limit the project to 6-8 builders.
Mayor Sullivan asked that staff clarify the following with the City Attorney before
Monday:
1. Can the City restrict the number of building permits issued per year?
2. Can the City collect an endowment to cover the City's cost in monitoring the
open space.
3. The by-laws will define the use for the open space, There will be a
homeowners association, and the homeowners association is required to maintain
the open space.
4. The Council will review the Development Agreement.
Council Member Dahl asked Jeff Smyser to document a list of reasons why the PDO is
required and provide it by Monday night.
Mr. Mark Linblad, resident ofLino Lakes, stated each PDO defines itself. The Council
has the opportunity to appre:a very unique development. The project would be a great
accomplishment for th
This item will appear of
1999.
agenda at the regular Council meeting Monday, April 12,
LOT INVENTORY/ANALYSIS, JEFF SMYSER
Brian Wessel reviewed the current Comprehensive Plan goals and MUSA numbers
regarding residential development.
Mary Kay Wyland distributed a hand out regarding lot inventory as it currently exists
after the first quarter of 1999.
Mr. Wessel reviewed a memo regarding growth management using MUSA allocation.
He stated the Council needs to address the issue of policy MUSA allocation based on the
forecast of homes to be built by 2020.
Council directed Jeff Smyser to address the following questions at the next work session:
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CITY COUNCIL WORK SESSION APRIL 7,1999
• 1. How much of the existing 556 acres of residential MUSA will by used by the
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year 2010? Also, an estimate of how much will be used by 2020.
2. What quantity of MUSA will be needed for existing homes that will need
services by 2010?
It was noted that commercial MUSA needs to be considered also in the estimates for
usage.
REGULAR AGENDA, APRIL 12, 1999
Item 5A, Consideration of 1998 Annual Police Department Report - This item was
removed from the regular agenda. Kim requested C & I Permits be included in the report
in the future.
Item 6B, PUBLIC HEARING, Second Reading continued from March 22, 1999,
Ordinance No. 05 - 99, Vacation of Roadway Easement, Clearwater Creek Phase III -
This item should read "First Reading" of Ordinance No. 05 - 99.
It was the consensus of Council to recess the meeting and reconvene Thursday, April 8,
1999, 7:30 p.m., after the Joint Council meeting with the Charter Commission.
The meeting was recessed itt :55 p.m.
These minutes were
April26, 1999.
ed, corrected and approved at the regular Council meeting held on
Jean Viger, Deputy Cl
Transcribed by:
Kim Points
TimeSaver Off Site Secretarial, Inc.
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