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HomeMy WebLinkAbout04/12/1999 Council Minutes• COUNCIL MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES ►prl 12,1999 6:30 P.M. 11:43 P.M. Bergeson, Dahl, None APRIL 12, 1999 Staff members present: City Administrator, Linda Waite Smith; Administration Director, Dan .,ssel; Planning yser (part) Alice ave Pecchia (part) and Tesch; City Attorney, Bill Hawkins; Community Development Director Coordinator, Mary Kay Wyland; City Engineer, John Powell; City Public Services Director, Rick DeGardner; Economic Developm Divine; Environmental Specialist, Marty Asleson (part); Chief Clerk -Treasurer, Marilyn Anderson SETTING THE AGENDA Council Member Neal added Item 8E Lakes pharmacy under open mike The amended agenda was aa. CONSENT AGENDA'. Mayor Sullivan s pre ited e also asked to speak about the Lino arch 22, 1999, Regular Council Meeting. Council Membetv ergeson moved to approve the amended Consent Agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM MINUTES: March 17, 1999, Council Work Session March 22, 1999, Special Council Meeting November 16, 1998, Special Council Meeting 1 ACTION Approved Approved Approved COUNCIL MINUTES APRIL 12, 1999 DISBURSEMENTS: April Manuals ($548.70) Approved April 12, 1999 (Check No. 55643 - 55772, $284,839.08) Approved Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE Mayor Sullivan's State of the City - Mayor Sullivan presented the State of the City address. Mayor Sullivan's State of the City can be found at the end of these mini' Tree City Award, Marty Asleson - Mr. Asleson stated the City of Lino Lakes has been presented the Tree City Award for the eleventh year in a, row. The aards given to cities that show efforts towards urban forestry conservation thatncludes tree preservation, an Arbor Day celebration, and Earth Day celebration. Lino Lakes Pharmacy - Council Member Neal stated a pharmacy will be opened in the Fairview Clinic which includes the opportunity to purchase eye glasses. The pharmacy will be opened by early May or June ' 99' he CLnic is also adding another doctor. Mr. Fritz Johnson, Pr lino Lakes Chamber of Commerce, came forward and stated the organization has ju fo f ed. He read the mission statement of the organization and stated their oboes are" . work with businesses in Lino Lakes, conduct YMCA fund raising, and work to assist sting of new businesses in the community. He stated the organization is infill support of the proposed Comprehensive Plan and will work in an effort to get the Plan app ed. Mayor Sullivan thanked Mr. Johnson for establishing the organization. She stated she appreciates all their efforts to support the City. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consideration of Resolution No. 99 -15, Accepting Donation from Circle -Lex Lions for a Party Wagon - Mr. DeGardner stated the Circle -Lex Lions Club has agreed to purchase a community party wagon and furnish a variety of equipment. This contribution amounts to $10,945. The Lino Lakes Parks and Recreation Department is currently preparing a procedures and policy manual for the party wagon. These procedures will be strictly adhered to. 2 • • COUNCIL MINUTES APRIL 12, 1999 Mr. DeGardner stated the 20' trailer will be stocked with everything needed for a block party. The party wagon will be limited to use by residents who are within the Circle -Lex Lions area. The wagon will be stored in the public works area. Mr. DeGardner introduced Mr. Tony Owen, a representative from the Circle -Lex Lions. Council Member Lyden moved to adopt Resolution No. 99 - 15, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Mayor Sullivan presented a plaque to Mr. Owen and thanked the Circle -Lex for their donation. She stated the party wagon is a wonderful contribution to the City and will be a popular item. Resolution No. 99 - 15 can be found at the end of these minutes. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Accept Resignation of Financial Analyst - Mr. Tesch advise Financial Analyst with the City is resigning for a financial pos Mr. Sulander's last day will be April 16, 1999., ulander, 'out -state community. Council Member Dahl moved to accept Mr. Dail Sulanr's resignation as presented. Council Member Neal seconded the motion. Motion carried naa mously. Consideration of Application Women of Today - Mr. Tesc Women, are requesti ation to Conduct Excluded Bingo, Centennial e Centennial Women of Today, previously the Jay Cee go fund raiser for a Lino Lakes resident who has cancer. This event will 1i eld a Rice Lake Elementary School on April 30, 1999. Council Memb al moved to approve the request for an exemption from a gambling license for the Centenni. e omen of Today to Conduct Excluded Bingo. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution No. 99 - 22, Authorizing the Transfer of Moneys from the General Fund to the Community Development Block Grant (CDBG) Fund - Mr. Tesch advised that dollars were budgeted in the 1998 General Fund budget for a Natural Resource Inventory Study. A portion of the study ($8,216.00) was financed with CDBG dollars and the costs were paid out of the CDBG Fund. Mr. Tesch added there was an additional $1,211.50 in personnel costs that need to be funded through a transfer from General Fund. • Council Member Bergeson moved to adopt Resolution No. 99 - 22, as presented. Council Member Neal seconded the motion. Motion carried unanimously. COUNCIL MINUTES APRIL 12, 1999 Resolution No. 99 - 22 can be found at the end of these minutes. Authorize Staff to Begin Process to Recruit a Replacement for Retiring City Clerk, Linda Waite Smith - Ms. Waite Smith advised that the current City Clerk is scheduled to retire at the end of 1999. She recommended the process to replace the City Clerk begin now, with the intent of having someone hired by July 1, 1999. Ms. Waite Smith noted the funding for the partial year salary would come from the salary budgeted to hire a Human Resources Technician in July, 1999. Ms. Waite Smith advised that the position will be posted internally and externally. The position is open to all City employees. Council Member Lyden moved to authorize staff to begin the process to recruit'' @ ity Clerk. Council Member Neal seconded the motion. Motion carried unanimous PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCH A Consideration of an Addition to the Lino Lakes City Code by Adopting a Tobacco Ordinance - Sergeant Strege stated the Lino Lakes Police have'eperienced an increase in juvenile tobacco violations. These violations are in violation of State and Federal laws and smoking has been shown to be the causpof several serious health problems which place a financial burden on all levels of gave This Ordinance shall be intended tgulatcthe sale, possession, and use of tobacco, tobacco products, and protect® •s gaut the serious effects associated with the illegal use of tobacco. Sergeant Strege` enforcement. allowed. rdinance gives the City control regarding Tobacco laws and e will prohibit tobacco vending machines in areas that minors are Council Member Lyden moved to approve the FIRST READING of the addition to the Lino Lakes City Code, 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. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Clearwater Creek Phase III, Rezone from Rural and Rural Executive to PDO/Single Family and Preservation Development Preliminary Plat and Comprehensive Plan Amendment, Jeff Smyser (4/5 Vote Required) - Mr. Smyser stated the application is for a 4 • • • COUNCIL MINUTES APRIL 12, 1999 Comprehensive Plan amendment including MUSA amendment, rezoning from Rural and Rural - X to Planned Development Overlay (PDO) for single family residential use, and approval of the preliminary development plan for the PDO. Mr. Smyser advised this item is continued from the March 22, 1999, Council meeting. At that time, Council Members had several questions about the open space. There are several options which include the following: 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 enforcement authority to the City. Monitoring of the easement aro is thFe responsibility of the City. A management plan for the open space is part of the hieownrs association by-laws. 3. City owns all the open space. City is responsible fb an gem t of open space. In discussing the phasing of the development, Mr. Quigly has'ttticated he wants 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, about 1351ots. The second phase would be the northeast portion. The last phase would be the outheast portion. Staff recommended approval of PDO, and the PDO pr Planning and Zoning mprhensive Plan Amendment, rezone from R and R -X to elopment plan, with conditions, as recommended by the Mr. Smyser sug1g s t the following be added for conditions of approval: 1. Approval of preliminary plan is not a guarantee of MUSA allocation. 2. A phasing schedule be written into the development agreement. Mr. Smyser distributed a memo which summarizes the key points in protecting the open space in Preservation Development. Mayor Sullivan asked the City Attorney to comment on the homeowners association contract. Mr. Hawkins stated a homeowners contract has been used in the past as a vehicle to manage certain areas. Open space may be viewed as an amenity to the development which results in better care being taken of the areas. There is always the risk of the homeowners association not wanting to maintain the open spaces. It is possible the open spaces could become City property. Provisions and language in the agreement can be included to make the homeowners association 5 COUNCIL MINUTES APRIL 12, 1999 responsible for the property. He advised it is not a common problem as residents most often want to take care of the property. The City can detail how it wants the open space maintained. Mayor Sullivan asked if the City can establish an escrow to cover any City maintenance costs and to cover any costs associated with City action to enforce the contract. Mr. Hawkins stated he would have to investigate the process of setting up an escrow situation. It is possible the City could levy assessments to cover the costs of cleaning up neglected areas. There will be a mechanism in place for the homeowners association to collect a fee from the homeowners for maintenance. Council Member Lyden stated he supports the option of the City owning and managing the open space for the good of the City. Conflicts and certain issues will be avoided if the City owns the property. Mr. Asleson stated he referred to 1995 figures regarding the maintenance native materials. The cost is approximately $72.00 per year, per household, after the initial i tallation. That figure includes maintenance and labor. Council Member Neal asked about the possibility of the l fee. Mr. Smyser stated the homeowners association can wne of p ging an association ten on the residents property. Council Member Lyden asked about the phasing schedule.He stated MUSA is not an issue for the first phase. He indicated he suppo theirezone and phasing. He asked at what point is it responsible to open the next phase fore d ng Mr. Smyser advised the each year. The maxi: issued in 2000 will be' building permit dule will involve the number of building permits allowed f permits issued in 1999 will be 75. The maximum number the year 2001, 45 permits will be issued. In 2002, the remainder of ued to complete the development. Council Memb sden stated that typically once a preliminary plat is approved, the final plat must be approve&if it is the same. He asked if this preliminary plat is approved, can the final plat be denied. Mr. Hawkins advised the number of building permits issued can be limited if it is a condition of approval. Mayor Sullivan stated she cannot support the project if 25% of it is cut off. It is expected that the Comprehensive Plan will be approved. She indicated she is very uncomfortable approving only 75% of a project if the Plan is not approved. She stated she does understand and shares the MUSA concern. She stated the project is acceptable. However, she stated she would have rather seen all the information before approval. Other issues must be resolved immediately. She added she believes the project is a good project. Mayor Sullivan stated the following conditions need to be considered: 6 • • COUNCIL MINUTES APRIL 12, 1999 1. A schedule for the completion of plats, by-laws, phasing, development agreement, and site visits. 2. The City Attorney will review the specific recommendations to ensure the legality. 3. Regular Council updates and results regarding progress of each issue. 4. If the Council is not satisfied with the progress on each issue, the Council may stop the project. Mayor Sullivan expressed concern regarding a clear picture of the goals. Mr. Smyser stated the above issues are typically worked out in the development agreement. Mr. Hawkins stated the Council has the authority to review specific issummended Council does not add a condition relating to ending the project. Council Member Bergeson stated the Council may choose not to pl °". SA to the 40 acres until the final plat. The City could also choose to apply MUSA to that piece of property by either taking the MUSA out of reserve or trading it with`a property that is in the MUSA. The question is if the City should take part of the MUSA reserve, even though it will not be needed for 3-4 years, or if the City should apply the MUSA at final plat, assuming it is part of the Comprehensive Plan. Mr. Smyser stated the conditio project a Comprehensive MUSA. Mayor Sulliv of a project wi SA is a safe condition. By the last phase of the e in place. Council will have the discretion to allocate the the Comprehensive Plan is not approved the City will have only 3/4 Council Membe ergeson asked about the possibility for the City to own the open space and the homeowners association have a conservation easement to allow the City to take the land back if the agreement didn't preserve the open space. He indicated he does not believe there has been enough discussion regarding the open space management. Mr. Hawkins advised pieces of open space cannot be dedicated. Delineation of open space to be taken over by the City could be done but may not be an advantage to the City. Council Member Lyden stated he is in favor of the City owning the property. There will be fine homes in the development that will pay taxes. He stated he believes the taxes will pay for the maintenance of the open space. • Mayor Sullivan called for a short recess at 8:10 p.m. COUNCIL MINUTES APRIL 12, 1999 Mayor Sullivan reconvened the meeting at 8:23 p.m. Mayor Sullivan stated she is very supportive of the project. She expressed concern regarding some loose ends that staff can tighten up after the plan is agreed on. She indicated she would like her conditions to be part of the approval. She stated she is not comfortable about not granting MUSA to this area. She recommended a Comprehensive Plan amendment that includes this in the MUSA area noting that the MUSA is not available now. If the project is developed with no MUSA available it is the same as some other projects within the City. Mayor Sullivan added the Land Trust was not interested in owning the open space because there is no additional greenway. The cost to the City to maintain the open space is approximately $17,000. The homes in the development will be $175,000 and up. The maintenance costs could pay for itself under the current tax structure. She noted that a statement regarding open space management should be included in the motion. Mr. Don Dunn, 6885 Black Duck Drive, stated he would like to speak as tizen f Lino Lakes. He stated the plan is a great plan for the City and it should be approved It Fidel for the Comprehensive Plan and an extension of the 20/20 Vision. Th p'roect`Pwill model for the City to follow for preservation development and a model for cluster housing. The development would show developers the City is serious about open, space.,:. The plan accomplishes the City's objectives. He stated he hopes that the project is approved. e'process is a new process and therefore, the City must learn as it goes. Mr. DeGardner stated the City would notxneed additional staff to maintain the open space in the short term. He asked that the City be clear: about potential costs regarding the maintenance of the open space. Mayor Sullivan stated co' °eration needs to be made regarding a landscaping plan, initial investment, an ment of the open space. Council Memb Neal advised he is in favor of option #2, having the homeowners association own the open space except the trail corridor. Council Member Dahl asked what maintenance will include. Mr. Asleson stated there is a four (4) year establishment period which is a very intensive process. After installation a yearly inspection and burning every several years would occur. Council Member Dahl indicated she is open to the options regarding management of the open space. Council Member Lyden stated he is in favor of option #3, City ownership of the open space. He stated the City can best manage the land. Council Member Bergeson stated because the project is a model project, there are expectations regarding the management of the open space. He stated he is unsure as to whether the 8 • • • COUNCIL MINUTES APRIL 12, 1999 homeowners association can initially do a quality job. He suggested the possibility of the City getting the open spaces established and then passing those areas on to the homeowners association. Mayor Sullivan noted the homeowners association will be working with a consultant. Typically, the homeowners association does the planting and management. Template by-laws could be developed. A consultant will need to assist in the installation. The City has indicated that the project would not cost additional dollars to residents. Council Member Lyden stated there are many trails owned the City. The view can be taken that it will be enjoyed by many residents. Mayor Sullivan moved to approve the land use and MUSA amendment of the existing Comprehensive Plan for the southeast 40 acres of the site noting that it is allowed into the MUSA area without the allocation of MUSA at this time. Council Member Bergeson seconded the motion. "p Council Member Bergeson clarified that phase 4 is subject to Mayor Sullivan stated that is correct. The property will bei an area that can have MUSA if it is available. Council Member Bergeson noted that if the 1 not have to be addressed for 3-4 years. Council Member Lyden no Motion carried unani casing plan is adopted the question of MUSA will y into the logic but will vote to approve. Council Member Beige o tnmoved to approve the rezoning to Planned Development Overlay for single family residential use based on the findings in the report. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Lyden moved to approve with staff conditions 1-11 and conditions 11-16, with the expectation that the City would take ownership of the open spaces. Council Member Dahl seconded the motion. Mayor Sullivan clarified that the motion means the City will have to maintain the open space. She stated she needs to be clear on the cost of installation before she can commit. She stated she would prefer to table the item until the City has the costs. Council Member Bergeson suggested the possibility of in time developing a well thought out plan with strict homeowners association guidelines. A plan that guarantees the homeowners association would develop and manage the property to the City's expectation. If that does not COUNCIL MINUTES APRIL 12, 1999 happen, the open space will be owned by the City. The plan could be subject to a satisfactory resolution of the by-laws and management plan. Mayor Sullivan stated she would prefer that option. It gives the homeowners association the opportunity to take care of the property. Mr. Hawkins stated the contract could read that the homeowners association is responsible for installation and then the City could take it over if a satisfactory management plan is not enforced. Council Member Lyden withdrew the motion. Council Member Dahl withdrew the second. Council Member Bergeson moved to approve the Preliminary Development ylan for the PDO with conditions 1-17 and adding that the developer will be responsible fohe ovements needed for the open space and that if a satisfactory management plan, o caner association, and homeowners association by-laws are not put in place the City ou ow and naintain the open space after installation. Mayor Sullivan seconded the moti Mayor Sullivan clarified that the addition referred to openpac` only. The parks and trails are already owned by the City. Council Member Bergeson withdrew the Mayor Sullivan withdrew the eco Mayor Sullivan moved approve the Preliminary Development Plan for the PDO with conditions 1-17. Cowie triberNeal seconded the motion. Council MemberLam° ®h: = d he is in favor of Mr. Hawkins suggestion. Mayor Sullivan asked for good reasons why the City should commit $17,000 for property that is not park land. Council Member Lyden stated if the developer finances the installation, the City takes on minimal maintenance costs. The City has better resources to maintain the open space. The park and trails are for the public good and the view sheds are for everyone. The homes will pay high taxes. The City should provide the services to maintain the open space. Mayor Sullivan stated the City already owns the parks. The cost is $17,000 per year after installation. The maintenance cost does not balance the City's need to manage the property. Council Member Dahl asked what happens if the homeowners association does not keep the property up. Mr. Hawkins stated the City can assess them. The problem is showing that it is a benefit to the homes there. There is not an easy solution to this issue. 10 • • • COUNCIL MINUTES APRIL 12, 1999 Council Member Dahl suggested it states in the documents that the City can improve the property. Mayor Sullivan amended the motion to include that the by-laws state the City can assess the property owners. Council Member Bergeson asked if that means an individual is trespassing if he goes into the green space and does not live there. Mayor Sullivan stated that is correct. Voting on the motion, motion failed with Council Member Bergeson, Dahl, and Lyden voting no. Council Member Lyden moved to approve the Preliminary Develop on the following conditions: e PDO based 1. Eliminate Greenway E as open space and use -a type da; asement over the wetland. The wetland will then be within platted lots an easement over it. 2. A buffer detail for the strip of land been Otter Lake Road and Lot 4 Block 12 should be provided. 3. The developer will requirement would with the 8.4 acres, the park dedication 4. Developer " move tra alignments near Lots 1 & 2 Block 1 and Lots 1 & Block 5 if possible o allo better connection with other trail segments. Exact trail alignments through t development will be established with Parks staff. 5. The developer will need approvals from Anoka County for the new road access to Otter Lake Drive. The developer also will need to meet any County requirement for additional ROW on Otter Lake Road (CR 81). 6. A tree preservation plan and street tree landscaping plan must be submitted for review by the City Environmental Specialist. Noise abatement to address freeway noise should be considered in this plan. 7. All permits required by the Rice Creek Watershed District shall be obtained prior to an site grading. 8. Utility, grading, and drainage plans must obtain approval from the City Engineer and Rice Creek Watershed District. 11 COUNCIL MINUTES APRIL 12, 1999 9. The City Engineer's comments in his memo of March 4, 1999, must be addressed to his satisfaction. 10. Drainage and utility easements to be held by the City shall cover all wetlands and drainage ways subject to approval of the City Engineer. This includes lot line easements as required by the City Subdivision Regulations. 11. A development agreement will be required, reviewed, and approved by the City Council. 12. The minimum house sizes in the R-1 Zone shall apply in this PDO. 13. Building setbacks and other standards not specifically addressed in the PDO will go by the R -1X zoning district. 14. The following phasing schedule will apply: a. A maximum of 75 building permits will be granted in 199' b. A maximum of 60 building permits will be granted . 2000. c. A maximum of 45 building permits will be granted ih 2001. d. The remainder of the building =:permits will be granted in 2002. e. Any permits used one year can be used the next. 15. Unsold building permits in each year may be carried over into the following year. 16. Open space m approval: an will be required subject to City Council ers association by-laws. on easements en space management plan 17. The developer will incur all initial costs of the plantings. The City will take over ownership and maintenance of the open space after installation. Council Member Dahl seconded the motion. Council Member Bergeson noted a precedence has been set for publicly owned public space. It is not a new concept and has worked well in the past. Mayor Sullivan stated that was not the intent of this plan. Motion carried unanimously. 12 COUNCIL MINUTES APRIL 12, 1999 • PUBLIC HEARING, FIRST READING continued from March 22, 1999, Ordinance No. 05 - 99, Vacation of Roadway Easement, Clearwater Creek Phase III, Mary Kay Wyland (4/5 Vote Required) - Ms. Wyland advised that several years ago the property owner recorded a roadway easement to provide access to several parcels of property between Otter Lake Road and Elmcrest Avenue. • • Since that time this property has been sold to make way for the development of Clearwater Creek 3rd Addition. In order to plat the Clearwater Creek 3rd Addition, the existing roadway easements through this area of the development must be vacated. Mayor Sullivan opened the public hearing at 9:22 p.m. Council Member Lyden moved to close the public hearing at 9:23 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. Council Member Lyden moved to approve the FIRST READING o d ce 1 05 - 99, as presented. Council Member Neal seconded the motion. Council Member Bergeson voted yes. Council Member Dahlioted es ouncil Member Lyden voted yes. Council Member Neal voted yes Mayor ullivan voted yes. Motion carried unanimously. SECOND READING, Ordinanc No.4 99, Exchange of Property with James and Tracy Douglas, John Powell - Mr. Pow dvifid Ori lance No. 04 - 99 received its first reading at the March 22, 1999, Co s cel The Ordinance transfe Utility and Apollo riv ames and Tracy Douglas as part of the Lake Drive Trunk Council Memb "ahl moved to approve the SECOND READING of Ordinance No. 04 - 99, as presented. Council Member Neal 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. Ordinance No. 04 - 99 can be found at the end of these minutes. SECOND READING, Ordinance 06 - 99, Vacation of Easements in Old Arborlake Plat (Replatted Otter Bay), Mary Kay Wyland (4/5 Vote Required) - Ms. Wyland advised this item received its first reading at the March 22, 1999, Council meeting. COUNCIL MINUTES APRIL 12,1999 Ordinance No. 06 - 99 is a request to vacate the roads and easements originally platted in 1980 as a part of the Arborlake Plat. That plat was abandoned and replatted as Otter Bay in 1987 but the original roadways and easements of Arborlake were never vacated. Council Member Bergeson moved to approve the SECOND READING of Ordinance No. 06 - 99, as presented. Council Member Lyden 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. Ordinance No. 06 - 99 can be found at the end of these minutes. Consideration of Fogerty Investment, 524 Apollo Drive, Rezone from,GB, General Business, to PDO/Light Industrial, Jeff Smyser - Mr. Smyser stated Fogerty. Investments has submitted an application for a Planned Development Overlay forlitiustra. es on this site. The current applications include the rezoning to PDO, and the PDO development plan. The reason a PDO is needed is that there will be more than one wilding on a lot, the preliminary and final PDO development are being combined into one. Mr. Smyser noted that future subdivisiottyf the site will need to undergo a separate subdivision review process. Mr. Wessel added that dural be left as General Buil July, 1996. The Distr ier meeting, Council Member Lyden requested building C as a buffer. He noted that the clinic site was approved in ng plan was approved in June, 1997. Mr. Powell stated that egmenting building C would raise issues concerning a joint access with the clinic or buil tiigs A%B/D. It is more efficient and cost effective to put in utilities all at the same time. Drainage would also be a concern relation to segmenting building C. Mr. Smyser stated he is very leery against the practice of splitting the lot with a zoning line. If the lot were segmented, a small area would be left that will be hard to develop. He stated that he does not believe the intensity of the difference in zoning between General Business and Light Industrial is large enough. Mr. Smyser read a passage from the Zoning Ordinance regarding the health hazards, traffic, noise, glare, fumes, and hazardous materials. He noted that parking could be an issue. However, retail parking requires more parking stalls than industrial. Ms. Divine stated that from an economic development perspective staff is concerned that both the clinic and Mr. Fogerty are successful. She stated that the compromise of removing building C is not a large enough benefit to the clinic. If building C is segmented, the area would be opened up to truck traffic. She stated Mr. Fogerty's buildings are very nice looking and quiet. 14 • • • COUNCIL MINUTES APRIL 12, 1999 She advised that commercial use would be difficult to develop. The potential uses in General Business could cause more of a problem to the clinic that Light Industrial. Ms. Deb Lawrence, a representative from HealthPartners, came forward and stated that she understands development is important to the City. She stated development is also important to the clinic. When the site was chosen, the property was zoned General Business. The clinic had a high standard of criteria to base their site on. The criteria included visibility, traffic, and zoning. She stated she was unaware a zoning change in the Comprehensive Plan would happen. She asked the Council deny the request for a rezone. Mr. Pat Courneya, President of North Suburban Family Physicians, stated he appreciates the time the Council has given them for this discussion. Lino Lakes is in the middle of a very challenging and exciting time. He stated that when the clinic moved to its current location, consideration regarding visibility and the perception of its patients was given. It was envisioned that the clinic would be in the middle of a business park. Being next to light industrial do perception. There are many different types of light industrial uses, some He added that the clinic's patients have the right to come to a place is safe be safe. He asked the Council deny the request for a rezone. t with that e bad fumes. erceived to Mr. Fritz Johnson, President of the Chamber of Commerce, stated thee is the perception that the clinic being next to a light industrial zone would not be acti e to patients. The proposed buildings are very attractive. He stated he does not heli: e that is an issue. He stated that he occupies one of Mr. Fogerty's buildings d they acre v y nice. He stated that he supports the rezone. The project would create a 37% i cr se n property tax revenue which would go a long way in achieving the desired % bash Mr. -Fogerty's buildings have quality occupants and can attract companies tha lY s « y approximately 200 people. Some of the best opportunities come t tgh' . He asked the Council to approve the rezone because it will benefit the City, dim "1levelo ent. Mr. Curt Martinson .resentative for Fogerty Investments, stated the planned development is a good transition lie stated it will be a benefit to Lino Lakes and is a natural stepping stone. He stated that prior t r. Fogerty's request, he believed that the Comprehensive Plan called for Light Industrial on that property. The City put the property in a TIF District. Mr. Fogerty has made every attempt to resolve the clinic's and City's concerns. Mr. Martinson continued stating the traffic concern as been resolved because the shared access has been eliminated. Mr. Fogerty is willing to reduce any perceived noise by landscaping and a fence. The design of the buildings call for the front to focus towards the boundary. All the truck traffic will be on the inside of the lot. The parking lot will be between the front of building C and the clinic. He added that it is quite apparent that the property was meant to be Light Industrial in the long term. The plan has been supported by the Planning and Zoning Board. The project has been designed to eliminate the concerns of the clinic. He stated the existing projects of Mr. Fogerty's speak for themselves. The project would create over 300 jobs and generate $170,000 in real estate taxes. He asked the Council for their support. 15 COUNCIL MINUTES APRIL 12, 1999 Mr. Fogerty, Fogerty Investments, stated he is willing to provide a $30,000 letter of credit for the screening and buffering of building C. Council Member Neal asked if the property had originally been rezoned. Ms. Wyland stated it was not a rezone. The clinic required a site plan review and conditional use permit. Council Member Lyden stated that in the long term 35W and Lake Drive was meant to be a commercial interchange. It will be that way for a long time. Commercial development in that area should be maximized. Light Industrial can be placed anywhere. The interchange should be a place for people to shop, eat, bank, see the doctor, and go to the YMCA. He stated that families do not need to dodge semi's to get to this area. The primary responsibility of the Council is to the people of the community. The people that are here now. The clinic was told the area would be General Business. The City should keep its word. Council Member Bergeson discussed the distance between Lake Drive hety If the Light Industrial border were changed, it would be as far from Lake Drive • • revs . sly been. If the rezone is approved, Light Industrial is only being moved up one-lot..A driveway can identify who you are. He suggested relocating the clinic's driveway tt the north end so it may more closely identify them with the businesses around the interchange. Mayor Sullivan stated that as a new patient of the clinic,she doh: not believe being near Light Industrial is a problem. The City ordinances aresuch that additional noise and emissions are not an issue. The City also has an ordinance #a take care .of the appearance of the building. She stated it is a good transition. The way #..e, proposed"building is set and sized it provides protection. She stated she has more concern regarding a single building. Mr. Wessel suggested hhe possibility of tabling the item until the developer and the clinic have reached a compromiseegarding the"°buffer. Mayor Sulliv the project. She emoving one building and changing the buffer to 400 feet changes icated that would be the same as not allowing all four (4) buildings. Council Member Dahl asked why the property is not going to be subdivided now. Mr. Smyser explained it will not be subdivided now because of the legal requirements regarding utility lines going across the property. He stated too much time and expense would be needed to subdivide at this time. Council Member Dahl stated that in the past developers and residents have come to agreements before coming to the Council. That process allows for a win/win situation. She asked if Mr. Fogerty currently owns the property. Mr. Fogerty stated his time frame regarding the project was up a month ago. He indicated he has tried to reach an agreement with the clinic but they will not work with him because they are opposed to the rezone. 16 • COUNCIL MINUTES APRIL 12, 1999 Council Member Neal asked if any information regarding the rezone was sent to the clinic. Ms. Lawrence stated they were not notified about the Planning and Zoning meeting. A notice was received two (2) days after the meeting. A correction has been made to their mailing address. She stated the clinic wants to be a good neighbor. However, the parcel would be better served by being zoned General Business. She stated the intention regarding their site was to better serve their patients by being off of Main Street but still be centrally located. She added that the clinic thought they were in the same mind set as the City regarding the surrounding development. Mr. Smyser noted that the notice was mailed to the clinic in the appropriate time frame. The notice took a while to file down to the clinic from the corporate office. This problem has since been corrected. Mr. Fogerty stated he cannot change one building. The plan has beetimes and a lot of dollars have been spent to get to this point. He noted that st'ff h; been vy cooperative and worked hard. He has a time frame regarding the tenants for the first building. There is no guarantee he can lease the rest of the building. He noted that uses in General Business could allow an adult video store. The proposed tenants for the ding'are a German manufacturing company. •Council Member Lyden moved to table -the rezone eneral Business to Planned Development Overlay. Council Ivlmber Dal econd'ed the motion. • Council Member Lyden s ose in tabling the item is that the City is providing a PDO and tax increment finad promise regarding the issues can be found. Mayor Sulliv• #;'' ° fed th linic is opposed to the rezone completely. Mr. Smyser adv extension. aa decision has to be made tonight unless Mr. Fogerty would agree to an Mr. Hawkins added that if the item is tabled tonight, it is automatically approved. Council Member Lyden withdrew the motion. Council Member Dahl withdrew the second. Council Member Lyden moved to rezone lot 1 and 2 only. Council Member Dahl seconded the motion. Council Member Bergeson noted that without building C you would view the docks and truck traffic. COUNCIL MINUTES APRIL 12, 1999 Motion failed with Council Members Bergeson, Neal, and Mayor Sullivan voting no. Council Member Bergeson moved to approve the rezoning from General Business to Planned Development Overlay based on the following: 1. Only uses that are permitted uses in an LI zoning district will be part of this PDO. 2. A new landscaping plan, which includes significant screening along the clinic property boundary, must be submitted and obtain approval from City staff. 3. A lighting plan must be submitted and obtain approval from City staff. 4. Trash areas must be screened. Plans for the fencing or walls must be submitted and approved by appropriate city staff before building permits are issued. 5. A minimum of 20% of the site shall be green space. 6. Prior to issuance of building permits, building and llghtina lans must be reviewed by the City CSO for CEPTED review. 7. Any signage shall conform to the sign ordinance and proper permits obtained. 8. Proper building permits must be obtained prior to any construction and 1% of the construction costs must be,put in!escrow to insure completion of all site improvements. 9. All permits re any site gradi. ice ;Creek Watershed District shall be obtained prior to • • 10. Ut :'' wradg an drainage plans must obtain approval from the City Engineer. 11. The ing area shall be paved with curb and gutter and construction plans must obtain ap oval from the City Engineer. 12. Park dedication fee shall be required as described by City regulations. 13. All comments from the City Engineer in memo dated March 4, 1999, must be addressed to the satisfaction of the City Engineer. 14. Roof mechanical equipment must be screened visually and for noise. 15. A new access to Apollo Drive must be obtained on the south side of the property and the existing driveway access to the PDO site must be closed off so that there is no longer a shared access with the clinic property to the north. 16. Staff meets with representatives of Fogerty and the clinic to resolve concerns. 18 • • • COUNCIL MINUTES APRIL 12, 1999 17. A time limit and financial guarantee must apply to the construction of any building foundation if the building will not be constructed immediately. 18. Existing driveway access to site reconstructed to eliminate shared access. Costs shall be borne by the PDO rezoning applicant. 19. Green space between buildings B and C to be opened up to provide for vehicle circulation. 20. Eliminate the 16 parking stalls on the north end of the site to make more space available for screening as described below. 21. The developer will work with the clinic on the design of the buffer area to suit the clinic. 22. New plan drawing to include data of square footage .:.and showing green space shaded. A minimum of 20% of the site n% 23. Plan for screening of roof mechanicals vsualsandsoun 24. A preliminary and final shall he submitted for review through the normal subdivison process when applicant wants to s bdividelthe property. 25. No outside stora 26..Improvemi wherever the c relocat veway to the clinic so that the driveway be relocated to nclu it is the best place for it. The developer will pay the 27. The eloper will work with the clinic on the design of the buffer area. Mayor Sullivan seconded the motion. Mr. Fogerty suggested he place a $30,000 letter of credit with the City so the City may work with the clinic to decide what type of buffering is desired. Mr. Hawkins advised that the City may dictate what type of buffering will be required. Mayor Sullivan noted that if the application is denied, it may not come before Council again for one year. Council Member Lyden asked about the amount of land to be buffered on the north side. Mr. • Smyser stated because it is a PDO, the City can determine the amount of land to be buffered. COUNCIL MINUTES APRIL 12, 1999 Council Member Lyden stated proper buffers are important. He indicated he does not feel that $30,000 is adequate. He asked the authors of the motion to waive the one year requirement regarding future consideration. Council Member Bergeson stated that it could be reactivating the previous motion if the waiver regarding the one year time limit is added. Motion carried with Council Member Lyden voting no. Mayor Sullivan called for a short recess at 11:10 p.m. Mayor Sullivan reconvened the meeting at 11:20 p.m. Council Member Bergeson moved to approve the combined preliminary and plan as presented. Council Member Neal seconded the motion. Motion Member Lyden voting no. al development h Council Consideration of Surfside Addition, Final Plat, Mary Kay Wy"Ms Wyland advised a Preliminary Plat/PDO/Rezone was approved for the Surfside At d. • in August, 1997. The plat created five (5) R -1X Lots with a PDO that allowed a 50' wide taxiway and the ability for each lot to construct a 2,400 square foot seaplane hanger. The plat also provided two (2) outlots which were to be attached to the existing seaplane base property. Mr. Hanson has completed his Declaration of Covenants, Conditions and Restrictions and they have been reviewed, along with a title commitment, by the City Attorney and found to be adequate. A Development Agreement has een signed and financial guarantees posted for the /y�ii utility extension. Graz X11 be completed on a per lot basis as described in the development agreement. Staff recomme • gy • l of the Final Plat for the Surfside Addition with the condition that Outlots A and B. com • fined with Parcel No. 20-31-22-23-0010 to insure that they remain one parcel. Mayor Sullivan inquired about the reason for Exception A and the location of the runway. Ms. Wyland advised that Exception A is a piece of property that is not part of this plat. Ms. Wyland referred to the map indicated the location of the runway. She stated the easement for the taxiway are already taken care of. Ms. Wyland added that boulevard trees will be planted. The wires will be coming down and be buried. Council Member Lyden moved to approve the Final Plat with the condition that Outlots A and B are combined with parcel 20-331-22-23-0010. Council Member Neal seconded the motion. Motion carried unanimously. 20 COUNCIL MINUTES APRIL 12, 1999 • Resolution No. 99 - 24, Proclaiming April 24, 1999, Earth Day, Marty Asleson - Mr. Asleson stated the City of Lino Lakes is celebrating Earth Day this year on Saturday, April 24, 1999. The Quad City Earth Day Celebration and ceremony will be held at the Joseph E. Wargo Nature Center at 11:30 a.m. Following the ceremony, there will be entertainment, food, environmental education exhibits, interactive activities, and lots of fun. Council Member Bergeson moved to adopt Resolution No. 99 - 24, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 99 - 24 can be found at the end of these minutes. PROCLAMATION, Proclaiming May 21, 1999, as Lino Lakes Arbor Day - Mr. Asleson referred to the Arbor Day Proclamation for 1999, which establishes Friday, May 21, 1999 as Lino Lakes Arbor Day. Council Member Dahl moved to establish Friday, May 21, 1999, Lino Lis Arbor Day by the presented proclamation. Council Member Bergeson seconded "otion v,Motion carried unanimously. Consideration of Approval of Anoka County Solid Waste'Agreement, Marty Asleson - Mr. Asleson advised the City receives SCORE funds each year from Anoka County. The SCORE funds are used to fund solid waste recycling programs. Cities using SCORE funds al edby Anoka County are required to enter into a cooperative agreement with the Count Council Member Dah Residential Recycl Motion carried to approved Anoka County Contract #900260-9/Agreement for am as presented. Council Member Neal seconded the motion. Consideration a ' esolution No. 99 - 23, Award Bid for the Audio/Video Equipment at the Civic Complex, Mary Divine - Ms. Divine stated bids were accepted for audio visual equipment for the new City Hall on Friday, April 2, 1999. The City's audio visual consultant suggested the City line item the equipment, then select one bidder for installation of the equipment. Alpha Video was the low bidder for installation. The cost for the equipment and installation is $26,035.70. The project budget was $28,000. Council Member Neal stated the current audio system has a terrible noise when watching the meeting on the television. He suggested the City make sure the new equipment works satisfactorily before the equipment is paid for. • Council Member Lyden moved to adopt Resolution No. 99 - 23, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. 21 COUNCIL MINUTES APRIL 12, 1999 Resolution No. 99 - 23 can be found at the end of these minutes. Consideration for Approval of a Commercial Appraisal for a Retail Site on Lake Drive, Brian Wessel - Mr. Wessel stated this contract is for a professional service to provide an appraisal of the 4 -acre site on Lake Drive. The cost of the appraisal is $1,500. Council Member Dahl moved to approve the contract with Patchin Messner Appraisals. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Settlement of Ed Vaughan Litigation, Bill Hawkins - Mr. Hawkins requested authorization for the disbursement of additional funds in the amount of $120,000 payable to Mr. Vaughan. Council Member Neal moved to approve the disbursement of ldit on l ui ds in the amount of $120,000, payable to Mr. Vaughan. Council Member Dahl:seconded"the motion. Motion carried unanimously. NEW BUSINESS Consideration of Minutes, September'2 1995, Regular Council Meeting (Mayor Sullivan, Council Member Lyden and Dahl ere not Members of the Council) - Council Member Neal moved to approve the.epteri ben 25, 1995, Regular Council Meeting minutes, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Considerationute September 9, 1998, Work Session Minutes (Council Member Neal was Absent ' Mayor Sullivan moved to table the September 9, 1998, Work Session minutes until the next Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minutes, November 14, 1998, Special Council Meeting to Interview Candidates for City Administrator Position - Mayor Sullivan moved to table the November 14, 1998, Special Council Meeting minutes until the next Council meeting. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minutes, March 2, 1999, Special Council Meeting - Mayor Sullivan moved to table the March 2, 1999, Special Council Meeting minutes until the next Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. Discussion regarding LaMotte Drive - Council Member Neal stated there is a meeting Thursday, April 15, 1999, regarding the trail connection from LaMotte Park and the Regional 22 • COUNCIL MINUTES APRIL 12, 1999 County Park. He indicated the City of Centerville is proposing the development of trails behind the homes of Lino Lakes residents. Mr. DeGardner added that residents are invited to the meeting. Concerns regarding privacy and buffering have been raised. The property is owned by St. Paul Utility and the County. Mr. Hawkins advised that he has prepared a Land Purchase Option agreement regarding the Police Department's site. He distributed copies for Council Members to review. The issue will be discussed at the next Council work session. COMMUNITY CALENDAR FOR APRIL 13 , 1999 THROUGH APRIL 26, 1999 Planning and Zoning Board, Wednesday, April 14, 1999, 6:30 p.m. City Council Finance Work Session, Monday, April 19, 1999, 5: Annual Board of Review, Monday, April 19, 1999, 6:30 p.i Council Work Session, Wednesday, April 21, 1999,5 30 p Coffee with the Mayor, Friday, April 23 1999, 7:30 am. Earth Day - City Auction, Saturda: 1999 ADJOURN There being no were no objecti usiness, Mayor Sullivan adjourned the meeting at 11:43 p.m. There These minutes were considered and approved at the regular Council Meeting, May 10, 1999. . Viger, Deputy Clerk Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 23 Council Member Lyden introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 99-15 A RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LIONS CLUB, FOR THE PURCHASE OF A PARTY WAGON. WHEREAS, The Lino Lakes Parks and Recreation Department was sought out by the Circle - Lex Lions Club to investigate the possibility of purchasing and operating a community party wagon; and WHEREAS, The community party wagon will be available for persons to reserve; and have it delivered for block parties; and WHEREAS, The Circle -Lex Lions Club donated $10,945.00 to purchase the community party wagon and all its contents. NOW THEREFORE, BE IT RESOLVED, that the City Council of Lino Lakes hereby accepts the donation of $10,945.00 to purchase the community party wagon for block parties and wishes to express its sincere gratitude and appreciation to the Circle -Lex Lions Club for its support and donation for this program. Adopted by the Lino Lakes City Council this 12th day o YYl M. Viger, Depu Ap van, 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, Dahl, Lyden, Neal & Sullivan The following voted against same: none sw/sandie/resolution 99-15 Party Wagon.doc • • • • Council member Bergeson and moved its adoption: introduced the following resolution City Of Lino Lakes Resolution 99-22 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE GENERAL FUND TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, dollars were budgeted for a Natural Resource Inventory Study in 1998, and WHEREAS, a portion of the study was financed with Community Development Block Grant dollars ($8,216.00), and WHEREAS, these costs were paid from the C.D.B.G. Fund, and WHEREAS, other unfunded costs total $1,211.50. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized effective December 31, 1998: C.D.B.G Fund (402) General Fund (101) Increase $9,427.50 Decrease $9,427.50 Adopted by the City Council of Lino Lakes this 12th of A . 999. kJ Ki ' S li n, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Neal And upon vote taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal & Sullivan The following voted against same: none Where upon said resolution was declared duly passed and adopted: Council Member Dahl introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. pay AN ORDINANCE AUTHORIZING THE EXCHANGE OF LAND BY THE CITY OF LINO LAKES WITH JAMES J. AND TRACEY M. DOUGLAS The City Council of Lino Lakes, Anoka County, Minnesota does ordains: The real property described in Exhibit A hereto is presently owned by the City of Lino Lakes. The City Council of the City has determined that the property is no longer needed by the City for any public purpose. 11. The real property described in Exhibit B herein is owned by James J. Douglas and Tracey M. Douglas. Such property is needed for public drainage purposes by the City of Lino Lakes. That James J. Douglas and Tracey M. Douglas have agreed to exchange the property described on Exhibit B for the property owned by the City described on Exhibit A. The Mayor and the City Clerk -Treasurer are hereby authorized and directed to execute such deeds and other documents as may be necessary in order to exchange the properties described herein. IV. This ordinance shall be in full force and effect fro following its passage and publication, in a or• anc the City Charter. K ATTEST:11 after 30 days , section 3.09 of Divan, Mayor • • • • The motion for adoption of the foregoing ordinance was duly seconded by council member Neal and upon a vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on March 22 , 1999 Second Reading Approved on April 12 , 1999 Published in the official newspaper on h -p r1‘ 1._, , 1999 • • Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 06-99 AN ORDINANCE VACATING ROADWAY, UTILITY AND OTHER EASEMENTS ORIGINALLY PLATTED AS A PART OF THE ARBORLAKE PLAT The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I That it is in the best interest of the City and the Residents of the Otter Bay plat to vacation all roadway, utility, and other easements platted with the old Arborlake Plat II That the City held a Public Hearing before the City Council on March 22, 1999 after due published and posted notice had been given on March 2nd, 1999 and March 9th, 1999 and all persons interested were given an opportunity to be heard. III This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Chart er. Passed by the City Counicl of the Ci y ‘i ,s L. Ps 224d day of March, 1999. 'IIIA .'�►.�,�i,.!.�r� ATTEST: P....av"‘ r\,017---,Ths>ac )4--8"L van, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member T, yd ren and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Neal, Sullivan The following voted against same: none • • • • CITY OF LINO LAKES RESOLUTION NO. 99 - 24 Earth Day Resolution City of Lino Lakes 1999 We, the residents of Lino Lakes, do hereby support and celebrate Earth Day 1999 in the Quad Cities, Whereas, the protection and preservation of the environment benefits all people, Whereas, the preservation of natural resources ensures the health and happiness of generations to come, Whereas, living a sustainable lifestyle helps maintain species diversity in all kingdoms of life, Whereas clean air, pure water, and rich topsoil are necessary for continuing • life systems, • Whereas, celebrating community promotes a safe, productive and vibrant place to live, Whereas, Earth Day is celebrated nationally on April 22rd, Let it therefore be resolved that Saturday, April 24th 1998 be designated Quad Cities Earth Day 1999 for the Cities of . o Lakes, Centerville, Circle Pines, and Lexington. Counc' Member Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 99-23 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR COUNCIL CHAMBER AUDIO VISUAL EQUIPMENT, CIVIC COMPLEX WHEREAS, pursuant to an advertisement for bids for audio visual equipment for the Civic Complex; bids were received, opened, and tabulated according to law, and the following bids were received complying with the advertisement; Name: Total Bid Tierney Brothers Alpha Video and Audio Graybow Communications Group EPA $38,193.35 $24,438.28 $26,912.15 $26,719.00 AND WHEREAS, the city requested line item bids to provide for the selection of equipment on a line item basis; the following lowest responsible bidders were selected: Name: Amount of Low Bid Alpha Video and Audio 7711 Computer Ave. Edian, MN 55435 Graybow Communications Group 5340 Cedar Lake Road St. Louis Park, MN 55416 EPA P.O. Box 40 Rockford, MN 55373 $11,116.91 $11,351.79 $3,567.00 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: • • • s 1. The Mayor and City Clerk are hereby authorized and directed to enter into the contracts in the name of the City of Lino Lakes for the Civic Complex, according to the plans and specifications therefore approved by the City Council and on file at Lino Lakes City Hall. Ad pted by tit s uncil of the City of Lino Lakes this 12th day of April, 1999. ifiL240ALA rly •1 `W an, Mayor v\A Jean M. Viger, D s uty Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson,Dahl, Lyden, Neal, Sullivan The following voted against same: • Whereupon said resolution was declared 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 April 12, 1999. • 04!06/1999 19:24 612-781-1456 AVTS Lino Lakes Council Chamber AN Equipment Order Jeff Volk Alpha Video and Audio 7711 Computer Avenue Edina, Minnesota 55435 Please order the following list of equipment. Equipment/Description PELCO LENS CONTROLLER KNOX 8 X 8 VIDEO ROUTER PANASONIC B&W 3X5 MONITOR KRAMER RACK MOUNTS WINSTEAD 70" VERTICAL RACKS WINSTEAD FLAT SHELVES WINSTEAD POWER STRIPS WINSTEAD SCREWS WINSTEAD RACK CASTERS TOA 8" CEILING SPEAKERS Misc. Cables, Connectors, Etc. FREIGHT SALES TAX EQUIPMENT. TOTALS INSTALLATION LABOR PROJECT TOTAL Deliver to: City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 Attn: Dan Tesch Model MLZ6DT KNOX 8X8 WVBM 503 MS -50R 90020 86088 98700 G8103 88240 PC -671 R Qty Price ea 1 $200.00 1 $1,250.00 1 $1,050.00 1 $66.00 2 $559.00 10 $31.00 2 $55.00 1 $50.00 2 $87.00 20 $26.00 1 $565.00 PAGE 02 Ext Price $200.00 $1,250.00 $1,050.00 $66.00 $1,118.00 $310.00 $110.00 $50.00 $174.00 $520.00 $565.00 $0.00 $378.91 _ $5,791.91; $5,325.00 $11,116.91 • 84/06/1999 19:24 612-781-1456 • AVTS Lino Lakes Council Chamber AN Equipment Order Wendy Weiss Ackerman Graybow Communications Group 5340 Cedar Lake Road St. Louis Park, Minnesota 55416 Please order the following list of equipment. Equipment/Description JVC COLOR CAMERA BITRONICS 24 VAC TRANSFORMER MACKIE AUDIO MIXER CROWN AUDIO AMPLIFIER KRAMER VIDEO DA KRAMER AUDIO DA AIDIO TECHNICA MICROPHONES NY 9" MONITORS JVC 36" MONITORS PEERLESS JUMBO MOUNTS TANNOY SPEAKERS DELTASCAN VGA INTERFACE FREIGHT SALES TAX EQUIPMENT TOTALS Deliver to: City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 Attn: Dan Tesch • Model TKC-1380U BIT PW 2440 1402 VLZ D75 MS-50VN MS -50A ;AT915QMRx/C KV-9PT50 AV36 0020 JMC 660 -ST CPA 5 DS -200 Qty 1 1 1 1 1 1 10 10 2 2 6 1 Price ea $675.00 $9.25 $447.50 $459.90 $350.00 $350.00 $192.50 $269.00 $921.75 $103.00 $214.00 $369.00 r CChange in Model iChange in Quantity PAGE 03 Ext Price $675.00 $9.25 $447.50 $459.90 $350.00 $350.00 $1,925.00 $2,690.00 $1,843.50 $206.00 $1,284.00 $369.00 $0.00 $742.64 x$11,351.79; 04/06/1999 19:24 612-781-1456 AVTS PAGE 04 Lino Lakes Council Chamber AN Equipment Order Bob Witschen EPA P.O. Box 40 Rockford, Minnesota 55373 Please order the following list of equipment. Equipment/Description RAINBOW LENS RANE AUDIO EQUALIZER QUAM SPEAKER ENCLOSURES EQ SECURITY COVER FREIGHT SALES TAX EQUIPMENT TOTALS Deliver to: City of Lino Lakes 1189 Main Street Lino Lakes, Minnesota 55014 Attn: Dan Tesch Model H16X6.5M ME 30 B ERD8 SC -1-7 Qty 1 2 20 2 Price ea $2,496.00 $344.00 $5.00 $25.00 Change in QuantiVi Ext Price $2,496.00 $688.00 $100.00 $50.00 $0.00 $233.00 $3,567.00' • • STATE OF THE CITY - 1999 Good evening. I begin my report to you tonight with a question. Is Lino Lakes a great place by fate or intent? I will share evidence with you tonight that I believe will convince you that we are a city of intent. We are a city that is planning our way to the future. I'd like to introduce you to the people who are responsible for managing our plan. Aside from myself, your council consists of Councilmembers Andy Neal, Caroline Dahl, Chris Lyden and John Bergeson. The staff management team is headed up • by Linda Waite Smith, City Administrator, Rick DeGardner, Director of Public Service, Dan Tesch, Director of Administration, Dave Pecchia, Director of Public Safety, and Brian Wessel, Director of Community Development. Dave Pecchia should also be recognized as our interim city administrator, who carried us through the year I will soon discuss with you. • Thank you all for your leadership this past year. I also send thanks to the rest of staff, who don't receive name recognition here, but who are and have been key to the successes of the year. Overall, as a council and city, we have been successful, if somewhat slow in our accomplishments this year. We faced big obstacles such as tornadoes, financial irregularities, and management changes. But we have `weathered' those changes successfully. We have begun our trek to establish genuine oversight and sound business processes for the city. We are turning our hand to the real business of moving the city ahead. Cornerstones of the Administration Last year I identified three cornerstones to my administration: accountability, communications, and citizen participation. In my report tonight, I'll review progress over the last year, identify where the city is headed this year, and last, review the specific accomplishments of the city departments. Accountability The first cornerstone of this administration is accountability for both council and staff. We live in a representative democracy - the voice of the citizen is represented by council. That means not every decision will come individually before the voters, but that the Council is responsible for making tough and responsible decisions which move the city forward toward the desired goals of the citizens. In Lino Lakes, Council must be committed to the Vision, which was developed by Lino Lakes citizens. Both the Vision and the follow-up Quality of Life Survey call for a balance in our city. The measure of balance is unique to Lino Lakes and -involves issues of finance, culture, and the environment. The right balance means prosperity in Lino Lakes - the right balance means a high quality of life for everyone. 2 • • • • • In order for the city to achieve that balance, the council must set the standard for leadership. We must set the example for working together to achieve consensus on issues, making decisions and moving ahead. We must be clear in our directions. Our indecision and lack of consensus is costly to the citizens. It is time consuming, and it is confusing to staff. It divides a community we are trying to build. This year, Council must improve our commitment to finding consensus and moving ahead. On the side of success, Council is improving our evaluation of projects. We're asking more questions about the impact of projects on a larger scale. Every project starts with staff, and with Linda's assistance, staff is beginning to recognize and document standard processes and council's need for additional information. These processes will provide consistent guidelines for activities within the city. Consistent treatment and identified outcomes helps us measure success. Success will be measured by balance. Communications Communications is the second cornerstone - and it's a tough nut to crack in Lino Lakes. First there's the issue of the amount of activity which creates information to be shared. Second, there's a question of how we make information available. Last, there's a question of how to get citizens to notice the information that is communicated. We've made changes in several areas to reach as many people as possible. 3 Communication improvements include changes to a document I thought could never be improved - the city newsletter. This year, for the first time, we devoted one entire issue to a very important topic in Lino Lakes - the Comprehensive Plan. We hit it from every angle imaginable to provide citizens a good framework for what we were doing. Other newsletter changes give citizens information about near-term infrastructure projects so they can start planning ahead for changes in travel, day care and other schedules. Small changes in newsletter format makes economic development information easier and quicker to read and understand for citizens on the go. New opportunities for citizens to interact with the city include Roundtables and Mayor's Coffees. The Council also initiated 'Myth and Reality' ads regarding the Comprehensive Plan this year. The purpose was to ensure that citizens received factual, unbiased information. Feedback about these ads has been extremely positive. We also are testing communications options that can be used in limited situations, such as delivering flyers and sending letters regarding specific neighborhood issues. We will have email and a web page at the new city offices. We must continue to provide unbiased information to citizens in a cost- effective manner. 4 • • Citizen Participation The last cornerstone is citizen participation. The most important thing about citizen participation is that it's voluntary. We cannot make citizens become involved. What we can and must do, however, is continue to provide you with OPPORTUNITIES to become involved. We announce these opportunities in the Quad Press and through the city newsletter. This year, we offered participation through task forces, steering committees, advisory boards, neighborhood meetings, and very unique ways through the Vision Bus Tour, Mayor's Coffees, and Roundtables. We continue to encourage citizens to contact council members by phone, attend the work session or council meetings. These are opportunities for citizens to become involved in planning our future. Let's take a look at the department successes and plans for the future. ADMINISTRATION - Director. Dan Tesch Administration, Finance, Human Resources Finances in Lino Lakes are in FINE SHAPE. In 1998, our bond rating went up to (A-3). We received for the 3`i time a Certificate of Achievement in Financial reporting which recognized our reporting according to established standards. 5 Thanks also to much hard work by Interim City Administrator Dave Pecchia, the city will recover 90% of the city incurred expenses related to last year's storm. We have a good cash reserves level. We have excellent and improving cash management and investment policies. These sound policies enabled the city to manage the financial surprises we've been up against this year. Our investment earnings are up. Our building permit revenue is up - in part because of storm permits, and in part because the value of construction in Lino Lakes is up both for residential and C&I construction. Increased revenue will enable the city to fund the last of the outstanding penalties we discovered in 1998. For finances today and in the future, we've taken the following actions: 1. We changed the Tax Increment Financing Policy. Rather than pay what amounted to a 35% penalty for TIF projects, the city has adopted the 10% contribution option. We will know going into a project what the specific city cost will be rather than waiting 2 years for an unknown penalty amount. 2. We changed the budget to reflect more accurately expected revenues. One impact of slowing the growth rate is decreasing revenues from building permits and other sources. In '99 we expect a large increase in institutional permits because of improvements at the prison. We 6 • • • • anticipate future commercial and industrial development will also, for a time, offset decreases in residential permits. 3. We must maintain our improved bond rate by managing our cash reserves and investments. 4. We initiated a road reconstruction fund this year, but we must improve our planning for aging infrastructure replacement. We cannot overlook the needs of existing residents as we move to the future. 5. We must continue to develop revenue sources besides taxes. 6. We must continue to look for project partners and grants to keep costs down. ADMINISTRATION/.HUMAN RESOURCES 1) Union a) In partnership with Local 49 a labor contract was successfully negotiated. b) Lino Lakes Management Association Union was disbanded c) AFSCME was initiated 2) Pay Equity standards were met 3) Legwork for staffing changes and reorganization: • Linda Waite Smith, City Administrator • Jeff Smyser • Darryl Sulander • Dawn Bugge • Liz Bursak 4) Communications: Newsletter, Cable, E-mail, WEB Page 5) Future: • Coordinate the move to the new city offices • Continue to assess the organization for effectiveness PUBLIC SERVICES: Director, Rick DeGardner Parks, Recreation and Public Works Park improvements for the last year include new equipment at Shenandoah, Birch, Lino, and Rice Lake Estates Parks. OVER 3 miles of important trail segments were completed including Ware Road and Clearwater Creek. A new Trail System Map was produced and is available for all citizens. To support the Park efforts, a Park Naming Ordinance was established, as were policies for trail snow plowing and a system for vandalism reporting and tracking. In the Recreation area one half-time staff was added with a specific focus on teen programs and one-time events. Participation in youth programmed activities rose 50% from 97 to 98, and adult participation rose 45% during that same time frame. If everything goes according to plan, the citizens will have the opportunity to decide on the development of an athletic complex for the city this fall. 8 • • • • As for the Public Works department, the weather has not been kind. Staff has been busy sanding and salting for icing conditions, and this last big snowfall had them out with the plows starting at 3 AM. We promoted a staff member to Water Utility supervisor this year, and approved a plan to begin replacement of aging water meters with electronic metering devices. This project is a good one to highlight because it also was the first to establish a new level of fiscal responsibility, by developing a cost -benefit analysis similar to what will be required on all future projects in the city. One big future project for this department is coordination with Anoka County in the development of the Master Plan for the Regional Park Reserve. The Reserve effectively divides our city in two, and takes up 50% of our land mass. It will remain 80% undeveloped - just as you see it today. Of the remaining 20%, 12% will occur in the existing developed areas, and the remaining 8% will be developed as trails throughout the park. The County continues to work closely with the city to establish connections between the city and county parks. Thanks to the efforts of the 2020 Vision Parks and Recreation group, the County moved an east -west corridor through the park to the top of the county's project list. The County , John VonDeLinde, obtained $1.6 million in grant money from the State to complete that corridor over the next year. We expect that the connection from Town Center into the park will also happen as a result of that grant. 9 The challenge to Public Works will be to continue to provide a high level of service in a cost-effective manner as we add new city -owned buildings which they maintain, and additional infrastructure, sewer, water, roads, etc. COMMUNITY DEVELOPMENT: Director, Brian Wessel Economic Development, Planning, Environment There's great news on the Economic Development front. In 1998, Lino Lakes welcomed Rice Industries as a new industrial business. In the industrial area, we also saw expansion of the Lino Lakes Business Center - an `incubator' - a business which provides leased space to other developing businesses. This also brought several new and expanding businesses into the fold. Also growing last year were Nol-tech and Moline Concrete. Commercial development successes were the Clearwater Creek Convenience Center, the Lakeland National Bank, and the Lino Lakes State Bank. These were the businesses that contributed to the $23 million increase in tax base in the last 5 years. Town Center development has given the city a fantastic opportunity to work with two nationally known experts in the fields of Preservation Development and Traditional Neighborhood Design. In a city where the environment and commercial development were identified as the top concerns, we've got the best known folks to help us build those qualities into our town center. Not only will we preserve the unique environmental assets about this area, Calthorpe is 10 • • • • • • identifying the right types of residential uses for this area, and the types of businesses that will prosper in this location. A special success story for Town Center in Lino Lakes is approval of the YMCA. Improved analysis makes economic development evaluations more thorough, and helps council base our decision on a contribution to the overall balance in Lino Lakes. The YMCA was a project recommended in the 2020 Vision, supported by the Quality of Life Survey and various marketing surveys. The Y was important as well because of its impact on economic development. We expect the Y will help draw a customer base for the rest of Town Center. We were able to bring the Y in at a tax cost to the citizens of approximately $ 22/HH a year for 3-5 years. We expect that the offsetting tax revenues from the additional commercial development will start coming in within 3-5 years. What's different than before is that we close the loop in this planning effort. We invested in the future, but we know when we expect that investment to start paying off, and will watch for it. THE TOWN CENTER IS ONE QUALITY PROJECT for the citizens of Lino Lakes. It's interesting to note that when the Economic Development Department was organized about 6 years ago, their costs were limited to 4% of the city's overall operating budget. Today, their costs are approximately 3.5% They are the only department for which we track expenditures to revenues as a department. For an investment equalling 3.5% of the budget, we expect economic development revenues to continue to expand by $8 million per year for the next 5 years. EXCELLENT RETURN ON INVESTMENT. 11 In addition to their day to day efforts, the Planning department is hard at work preparing for the return of comments regarding the Comprehensive Plan. By the end of April, we will have the initial review which notifies us that we've sent all the required pieces of the plan. By the end of June, we will have Met Council's comments and recommendations about our plan. A new process is being developed for review of Preservation Development projects. A new direction for this city is basing development on the ecological factors of a property - and ensuring PERMANENT PRESERVATION AT A COST THAT IS NOT BORNE BY THE TAXPAYERS. Open space is desirable but it is not free. We are developing a process that will ensure our review of these processes considering ECOLOGY - CULTURE AND ECONOMIC factors - the key elements of our new planning strategy. Planning is also busy revising ordinances that will help us begin the process of implementing our new growth policies prior to the implementation of the new comprehensive plan. Without these changes, the city has no legal way to slow the pressures of development. The future for Planning is to develop ordinances which align with an approved Comprehensive Plan. The Environmental department has had a year of successes beginning with the official establishment of our environmental advisory board. Primary issues for 12 • • • this department this year were clean-up and reforestation after the tornado and storm, and initiating the Environmental Inventory and Management Plan. The idea for our environmental plan, department and board was the brainchild of the 2020 Vision Environmental group. The environmental plan will be the underpinning of our entire preservation development process. It identifies a greenway through the city which will preserve open space that is environmentally precious to our community. This greenway provides buffers and accesses to the Anoka County Park System. This plan ensures appropriate ecological input into our city's decision making process. This plan is an essential part of the Comprehensive Plan that has been submitted to the Metropolitan Council. We expect to receive the first draft of our environmental plan this week. There will be a process of public review and comment before it is brought to council in early summer. PUBLIC SAFETY - Director, Dave Pecchia Fire, Building Inspections, Police Fire services are provided by the Centennial Fire Department, Chief Milo Bennett, presiding. Lino Lakes' fire calls have increased 30% since 1994, and are made up of 55% medical and 45% fire. Chief Bennett has indicated that he is able to continue to operate into next year at the same expenditure per household rate, and expects to maintain the same service and staffing levels to provide this service. 13 This is a new reporting structure for the building inspections group. They saw a significant increase in their work level this last year due to the storms. This department has serviced an average of 270 residential permits per year alone between 1990 and 1998. Over that same period of time, we averaged 2-3 commercial , 2 institutional and 4 industrial permits per year. In 1998, 229 residential permits were issued. Building permits are very important to this city because they represent revenue. As the property value and number of homes increases, so does our revenue. As we begin to slow development in the city, our revenue will also slow. This is a consequence of slower growth that will have to be planned for. The Police Department will be the first to move into the new city hall this year. The department was recognized with a special award from the Federal Emergency Management Agency in 1998 for their excellent emergency planning efforts. Although the emergency event which was staged dealt with fictitious issues at the prison, those emergency management skills were practiced up when the. tornado . and subsequent storm hit the cities last spring. Our department was instrumental in establishing a county -wide records management system which will aid in identification of criminal suspects. Other successes include expansion of the DARE program into the middle school. The Community Service Officer positions have been restructured, so that we now have a FT officer assigned as the Crime Prevention Coordinator, and the CSO position is a succession planning tool for the department. 14 • • • • • • Future activities include the establishment of measures of success for the community policing program, a new police substation at the CCCC during the 1st quarter of 1999, and development of a customer service questionnaire. Most importantly, the Police Department is responsible for the success of the city's Y2K project this year. This includes developing emergency preparedness plans for the city, helping citizens with personal preparation by providing information and increasing communication about these issues. Last but not least, how about an update on the COMPREHENSIVE PLAN? I talked earlier about finding a balance in Lino Lakes. This is a balance between the types of development we have in the city, commercial, industrial, residential and open space. This balance means finding and developing the right tax base, tax rates and land uses to support them. The Comprehensive Plan which was sent to the Met Council in December reflects what was identified as the right balance for Lino Lakes by a group of citizens, working with staff and consultants - the plan balances the types and amounts of land use that will support a moderate rate of growth for our city. A moderate growth rate is based on the following items: In the year 2020, the city will have: • a population of 20,500 • 7,575 housing units • 41% or less of the city available for urban sewer and water services • 15% commercial tax base The purpose of our Comprehensive Plan is to identify the amount and location of the land in Lino Lakes which will support these goals. Even if approved by Met Council, the Comprehensive Plan submitted by City Council to Met Council cannot be implemented. In order to implement a plan, City Council must approve it by at least a 4/5 vote in order to implement and develop ordinances to support the plan. At this time, our plan has only a 3/5 vote. Over the last 6 months, we have held numerous meetings, and recently brought a consultant to assist us in finding a resolution. At this time, there is only one identified outstanding issue between us and a plan. I believe that council is committed to resolving this the next work session. CONCLUSION So there it is. Is Lino Lakes a city of Intent? Our citizens have shown that through the Vision, Survey and Comprehensive Plan that we will not accept a predetermined fate. We have dreams and plans of our own. Council must give the direction to get us there because LINO LAKES IS A GREAT PLACE WITH A FUTURE - BY INTENT. 16 • •