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HomeMy WebLinkAbout05/29/2001 Council Minutes• • COUNCIL MINUTES MAY 29, 2001 CITY OF LINO LAKES MINUTES DATE : May 29, 2001 TIME STARTED : 6:30 P.M. TIME ENDED : 8:30 P.M. MEMBERS PRESENT : Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : None Staff members present: Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer, John Powell; Finance Director, Al Rolek (part); Economic Development Director, Brian Wessel; Community Development Director, Mike Grochala; and Public Services Director, Rick DeGardner SETTING THE AGENDA Mayor Bergeson noted item 7F, Resolution No. 01 — 71, Apes Marketplace EAW for Distribution, will be addressed first under Community De The agenda was approved as presented. CONSENT AGENDA Council Member Carlson moved to app Dahl seconded the motion. Motion c Consent Agenda, as presented. Council Member ously. ITEM ., ACTION DISBURSEMENTS: May 29, 2001 (Che N e 61825 — 61927, $189,994.79) Approved Centennial Fire District OPEN MIKE Ms. Lynn Heaser, 218 Aggrate Lane, came forward and asked for follow up information regarding the meeting that was held at the Minnesota Department of Transportation relating to Highway 49. Approved City Engineer Powell advised he has met with the County Engineer and the Minnesota Department of Transportation. Design options have been discussed. A recap of the discussion will be given at the next Council work session. There is support for a 45 -mph speed limit as long as the design of the road is to slow down the speed on the roadway. COUNCIL MINUTES MAY 29, 2001 Mr. Don Dunn, 6885 Black Duck Drive, came forward and stated he would like to talk about the Comprehensive Plan. He noted he is not present as a platform for election. He stated he worked on the Plan for several years and recently received a revised copy. He stated citizens have not been treated fairly. All the maps were omitted from the revised plan. He asked how it is possible to review an incomplete packet. He left messages at City Hall and it was indicated to him that no individual sessions would take place relating to the Plan. He stated he is very disappointed about how the Plan has been mutilated. He referred to page 1 of the Plan stated it is the heart of the Plan and merely the foundation to build on. He stated that did not happen and he does not even know what is in the Plan anymore. He gave examples of how the Plan has changed relating to districts, regular updating, moratoriums on housing, MUSA, accountability, higher density and affordable housing. He stated the Plan is not ready for submission and the City has lost two (2) years working with the Met Council. He stated the Plan is not worth submitting and the Council has let everyone down. A group of citizens were delegated to this task and the revised Plan does not meet the requirements of the survey done. The revised Plan does not represent a good effort and won't receive money from the Met Council. He stated he cares about all citizens and not just self-servin Council to pay attention to this and the communities need for deve delay development that the City desperately needs. He asked th because the community needs it. He added he will be very a are trying to stop the project. The survey clearly stated city community. Mayor Bergeson advised there will be public he No one else was present for open mike. FINANCE DEPARTMENT REPO rests. He asked the Delaying the Plan will 1 approve the Target plan s that Council Members type of project in the ng to the Comprehensive Plan. • 2000 Audit Report, Larson, a `5 'shair & Co., LLP — Finance Director Rolek advised Darwin Vicker of Larson, Allen, Wei Co R pany is present to provide a brief overview of the City's financial statements and . answe questions relating to the financial condition of the City. The 2000 annual audit wa g en by the City's auditors, Larson, Allen, Weishair & Company, LLP, earlier this year, with ld ' ork being completed in late March. The auditors review all financial transactions and th financial reports of the City over the previous year for their fairness in presentation and for full disclosure of all material aspects of the City's financial condition. This review is conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The auditors concluded that the City's financial statements for 2000 presented fairly, in all material respects, the financial position of the City as of December 31, 2000. The auditors also issue their reports on the City's legal compliance with certain laws, regulations, contracts, etc., our internal structure, and management issues. Finance Director Rolek noted that the City has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada for its 1999 Comprehensive Annual Financial Report. Staff believes that the report issued for 2000 continues to uphold the standards of reporting excellence that this prestigious award represents. • COUNCIL MINUTES MAY 29, 2001 • Mr. Vicker briefly reviewed the 2000 Annual Audit Reports noting that staff is recommending the City Council formally, by motion, accept the 2000 Annual Audit Report. • • Council Member O'Donnell moved to accept the 2000 Annual Audit Report, as presented. Council Member Carlson seconded the motion. Motion carried unanimously. Resolution No. 01— 73, Calling for a Public Hearing on a Business Subsidy Policy and Authorizing Staff to Draft a Business Subsidy Policy — Finance Director Rolek advised the Minnesota Business Subsidy Law requires that any local government agency with the power to grant a business subsidy must first establish a Business Subsidy policy. This policy lists the criteria that will be used to determine if a subsidy meets a public purpose. The criteria must also establish a policy for wages on jobs created by the subsidies. The term "business subsidy" can include a grant such as tax increment financing or tax abatement, contribution of property or infrastructure, low-interest rate loans, tax . e deferrals, or any preferential use of government facilities given to a business. Any . �.Q tribution in excess of $25,000 is considered a subsidy. A public hearing is required to take public comment befo No. 01— 73 sets a hearing for 6:30 p.m. on July 23, 2011, Policy for consideration. of the policy. Resolution staff to draft a Business Subsidy Council Member Carlson moved to adopt Resolution 01— 73, as presented. Council Member Dahl seconded the motion. Mayor Bergeson asked if the Counci . e draft of the policy. Finance Director Rolek advised the Council will review a icy prior to the public hearing. Motion carried unanimously. Resolution No. 01— 73 c in the City Clerk's office. Consideration of Authoriz g Staff to Draft a Tax Abatement Policy — Finance Director Rolek advised Tax Abatement is the ability of individual local taxing authorities (county, city or school district) to return their proportional share of property taxes on all or a portion of the property taxes on a parcel of property. Abatements were designed by the state legislature to give each jurisdiction a voice in economic development and redevelopment efforts. An abatement can be either a tax rebate or a tax deferment. The maximum an entity can abate is the greater of $100,000 per year or 5 percent of its levy. A Tax Abatement Policy is required before abatement is used to specify the criteria that will be used to determine if an abatement meets a public purpose. The Council action directs staff to draft a Tax Abatement Policy for Council consideration at the July 23, 2001, City Council meeting. COUNCIL MINUTES MAY 29, 2001 Council Member O'Donnell moved to direct staff to draft a Tax Abatement Policy, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 01— 74, Calling for a Public Hearing Regarding Granting a Tax Abatement for the Target/Kohls/Ryan Project and Authorizing Staff to Draft a Tax Abatement Resolution — Finance Director Rolek advised a request has been made to the City for tax abatement to be provided to the Marketplace Development. According to the Minnesota Tax Abatement statutes, a public hearing is required before the City Council can act on an abatement request. In addition, the City can grant an abatement only by adopting an abatement resolution specifying the terms of the abatement, and the nature and extent of the public benefits resulting from the abatement. Resolution No. 01 — 74 calls for a public hearing at 6:30 p.m. on Monday, July 23, 2001, regarding the granting of a tax abatement to the Marketplace Development Area, and directs staff to draft a tax abatement resolution for Council consideration at the July 23, 2001, C ouncil meeting. Council Member Reinert moved to adopt Resolution No. 01 — 7 a,,,,,#)fir d. Council Member O'Donnell seconded the motion. Motion carried unanimous Resolution No. 01 — 74 can be found in the City Clerk' of e. Consideration of Authorizing Staff to Draft a Target/Kohls/Ryan Project — Finance Directo for tax abatenient to be provided to the M Business Subsidy Law, a subsidy agree of, and the reasons for the subsidy, w ss Subsidy Agreement for the vised a request has been made to the City elopment. According to the Minnesota be completed that defines the nature of, the amount als, and other commitments from the recipients. This Council action directs staf business subsidy agreement for the Marketplace development for Council con onthe July 23, 2001, City Council meeting. Council Member Dahl m• '=ct staff to draft a Business Subsidy Agreement for the Marketplace Development, pr sented. Council Member Reinert seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH Conditional Job Offer to Part-time Seasonal Building Inspector — Administration Director Tesch advised the City has funds available for a seasonal building inspector. After an initial recruitment effort proved unsuccessful, the City targeted trade schools that specialize in building inspection. Three (3) applications were received and two (2) interviews were held. Staff's choice for this position is Mr. Patrick Moonen. Mr. Moonen is a student who is studying the inspection trade, and is able to fit into the City's periodic schedule. He will work under the direction of the Building Official. Mayor Bergeson inquired about the number of hours per week the position will entail. Administration Director Tesch advised the position is full-time but only for a short period of time. 4 • • • COUNCIL MINUTES MAY 29, 2001 Council Member Carlson moved to make an offer of employment to Mr. Patrick Moonen, conditional upon successful completion of a background check. Council Member Reinert seconded the motion. Motion carried unanimously. PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department Report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER There was no Public Services Department report. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Resolution No. 01— 71, Approve Lino Lakes Marketplace EAW f i istribution, (3/5 Vote Required), John Powell — City Engineer Powell advised the Min ota s statues require environmental review for certain projects. Rules written by the nvironmental Quality Board (EQB) describe the requirements for the environment `ev w �� se rules were written to implement MN Statute 116D, the Minnesota Environmen City staff has reviewed the information submitted by Marketplace project. This project includes a Tar of smaller retail buildings. Staff has amended the EAW be distributed for public comme Environmental Review Process The rules state that when speci mandatory environmental re worksheet (EAW). An E W is facts necessary to determi EAW form was created by project specifics. ct proposer on the Lino Lakes erstor , Kohls, and approximately 35,000 sf ation and is comfortable recommending that of projects reach a specified size, they cross a threshold for twit mental review starts with an environmental assessment d as a brief document, which is designed to set out the basic an environmental impact statement (EIS) is necessary. The It is a list of questions that must be completed based on the E4B. Briefly, the project proposer submits information for the EAW. The City then reviews the submitted information for accuracy and completeness. Then the EAW is distributed and made available for public review. A public comment period of 30 days follows. Approving the EAW for distribution means that the City is comfortable that the document is accurate and complete to the best of its knowledge. There is no other commitment or hidden implication regarding the approval of the project in making the decision to distribute the document. Approving the EAW for distribution does not mean that the City is approving the project. On the contrary, if a project requires an EAW, the project cannot be started and no governmental entity can make a final decision on the project until the environmental review process is completed. COUNCIL MINUTES MAY 29, 2001 After the public comment period, the City decides if it has enough information to determine if the project will cause significant environmental effects. If it will not cause such effects, the City makes a "negative declaration" meaning that an EIS is not necessary. If the review process reveals, in the judgment of the City, that the project will cause significant environmental effects, the City makes a "positive declaration" meaning an EIS is necessary. An EIS is a very large, very expensive study. It is not unusual for an EIS to cost a million dollars and typically takes several years to complete. City Engineer Powell referred to a step-by-step summary of the process noting that the steps were reviewed at the Council work session. The project proposer will make all the necessary copies and distribute them to the required agencies via certified mail. The City will have a copy available in the library in City Hall. The next deadline for the EQB Monitor is June 4, which will allow fo public comment period would end July 11. Council Member Dahl moved to adopt Resolution No. 01— 7 Reinert seconded the motion. Mayor Bergeson clarified it is the developer's respon appropriate agencies. Motion carried unanimously. Resolution No. 01 — 71 can be found erk's office. SECOND READING, Ordin Brixius (NAC) — Mr. Brixiu determine appropriate p . , dedi makes up the requirement the subdivision regulations, lication on June 11. The d. Council Member forward the information to the — 01, Park Dedication Fees, (4/5 Vote Required), Al th City has conducted a study of park needs and land values to c* requirements in Lino Lakes. Section 2001 of the City Code bdivision of land. Park dedication requirements are included in horized by state statute. The City Council approved the first reading of Ordinance No. 06 — 01 at the May 14 meeting. The Council had some questions about the actual formula and dollar amounts of the park dedication requirements. Mr. Brixius referred to a memo that provides additional information for the park dedication study and explains how the calculations will work. Ordinance No. 06 — 01 amends the City's park dedication requirements. Subdivision 11 lays out the basic formula for the calculations. Resolution No. 01— 72 lists the actual dollar amounts for park dedication calculations. The City can adopt the resolution and then change the fee schedule accordingly at a future Council meeting. The new charges would take effect on the effective date of Ordinance No. 01— 01. This is anticipated to be July 5, 2001. • • • • COUNCIL MINUTES MAY 29, 2001 Mr. Brixius advised the May 22, 2001, memorandum includes a new park land dedication ordinance and a resolution for establishing park dedication fees. After the Council discussion at its May 23 work session, staff has offered a second option for the park land fees by resolution. If the Council feels that the residential properties should be more responsible for the costs of park and trail development, this second option may be considered. Based on the analysis of the park land standards, staff is comfortable that both alternatives are reasonable and enforceable. He noted the Council can adopt the ordinance without the resolution. Mr. Brixius requested Council direction regarding the resolution and options. Council Member O'Donnell asked for clarification regarding the timeline of the new ordinance relating to plans that have already been submitted. Public Service Director DeGardner advised the new ordinance will take effect in 30 days after publication. The preliminary plats that have already been submitted will be grandfathered in. Council Member Reinert referred to Subd. 11.1 Sect. A and asked if t flr atements should relate to units and not lots. Mr. Brixius advised he included the term units both. He stated the term "lots" can be excluded so there is no c ordinance so it applies to Council Member Dahl also expressed concern relating to e t`sa uni ots. Mr. Brixius advised the term "lots" can be removed from the ordinance. Council Member Carlson stated she agrees the o feels the City should continue with a park dedic Brixius stated the options regarding the res direction. Mayor Bergeson inquired about th know what the final population figure was derived from the needs to be updated yearl shod only refer to units. She stated she or commercial/industrial development. Mr. decided later after Council gives staff pulation figure of 30,000. He stated the City does not be and that figure seems high. Mr. Brixius advised the e Park Plan. The figure can be adjusted and the resolution Council Member Carlson es "to approve the SECOND READING of Ordinance No. 06 — 01, as presented. Council Membe ahl seconded the motion. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson voted yea. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Motion carried unanimously. City Engineer Powell advised the resolution can be brought to the next Council meeting after Council gives staff direction. Council Member Reinert stated he is in favor of a park dedication fee for commercial/industrial development. He stated it is important to get the numbers right in the resolution. 7 COUNCIL MINUTES MAY 29, 2001 Council Member Carlson stated she would also like a park dedication fee for commercial/industrial development. Mayor Bergeson advised staff to prepare information for the resolution that includes a park dedication fee for commercial/industrial development. Ordinance No. 06 — 01 can be found in the City Clerk's office. FIRST READING, Ordinance No. 01— 01, Rezoning Lot 13 Block 2 Sunset Oaks (4/5 Vote Required); FIRST READING, Ordinance No. 02 — 01, Comprehensive Plan Amendment to Allocate 2.55 Acres of MUSA Reserve (4/5 Vote Required); and Resolution No. 01— 06, Approving Preliminary Plat for Behm's Farm Park Addition, (3/5 Vote Required), Century Farms Development The City Attorney advised a motion needs to be made to reconsider the rezone on this item from one of the Council Members that voted no at that last meeting. Council Member Carlson stated she voted no to the rezone at the 1 the nine (9) lots for $75,000 in a very desirable neighborhood. MUSA bank and allocating more will leave the City with a s she is now willing to consider the rezone because of the n the Council is willing to work with the developer to re • lve g because the City sold y 29.2 acres left in the f MUSA. She indicated ation ordinance and because ng issues to complete the park. Council Member Dahl moved to reconsider the FG of Ordinance No. 01— 01. Council Member Carlson seconded the motion. otio arried unanimously. City Engineer Powell advised Century F of MUSA reserve acres, and a preli • southwest corner of Mustang Lan Behm's Park currently inclu 16, Block 2, Sunset Oaks The in December 1985 to fulfi opment has applied for a rezoning, an allocation e site is within the existing Behm's Park on the o Lane. oxi tely 8.6 acres. The park area includes Lots 13, 14, 15, and quired these four (4) lots for park purposes via warranty deed ication for Sunset Oaks. The City rezoned Lots 14, 1 and 16 to R-1 in 1994 (Ordinance 15 — 94). Lot 13, the southern portion of the park, was not included in the rezone. This likely was an oversight. In 1997, the City received approval from the Metropolitan Council to allow the City to use part of its MUSA reserve for the Behm's Century Farms development. The approved submittal map included Lots 14, 15, and 16, but did not include Lot 13. That is, the southern part of Behm's Park was not included in the area where MUSA can be applied. Again, probably an oversight. In 1999, the City Council authorized selling 2.55 acres of the park to G. M. Development for $75,000, which was to include grading improvements to the park (Ordinance 16 — 99 and Resolution 99 — 50). The intent was to allow for the creation of nine (9) house lots. Proceeds of the sale of this land would be used to develop the park. However, there was no guarantee in the purchase agreement that the City would approve rezoning or development of the 2.55 acres. • COUNCIL MINUTES MAY 29, 2001 Gary Uhde, of G. M. Development, has requested that the City allow him to follow through on his plan for developing the new lots. Staff discussed this with the City Council at a work session on November 8, 2000, and Council directed staff to proceed. City Engineer Powell presented the staff analysis of the project noting that the Park Board is glad this project is in progress in order to complete the agreement and develop the park. The Park Board is satisfied with the additional cash park dedication. The Environmental Board discussed this project at its January 3 meeting. That Board recommends additional native plantings behind the Mustang Lane lots and notification of the need for periodic burning of the plantings. Staff believes the existing native plantings are sufficient. The Planning and Zoning Board reviewed the applications on January 10, 2001. The Planning and Zoning Board approved the rezoning, MUSA allocation, and preliminary plat based on conditions. Council Member Carlson noted there was no guarantee in the purc - meet that the City would approve the MUSA allocation or the project. Council Member O'Donnell moved to approve the F1RSTv 1 G� ` Ordinance No. 01— 01, as presented. Council Member Reinert seconded the mot', • n. Mayor Bergeson voted yea. Council Member C. ++oteda. Council Member O'Donnell voted yea. Council Member Reinert voted yea. Coun '1 Me er Dahl voted yea. Motion carried unanimously. Council Member Reinert moved t presented. Council Member D ST READING of Ordinance No. 02 — 01, as ed the motion. Council Member Carlso voted Reinert voted yea. Counc Motion carried unanimously ouncil Member O'Donnell voted yea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson moved to adopt Resolution No. 01— 06, based on the following conditions: 1. Ordinance 01— 01 must be in effect (30 days after publication) before the final plat can be recorded. 2. Ordinance 01— 01 must be in effect (30 days after publication) before the final plat can be recorded. 3. The developer must notify purchasers of residential lots of the existence of the nearby Lino Air Park. The developer must provide to the City a copy of the notification format to be used before final plat approval by the City. 9 COUNCIL MINUTES MAY 29, 2001 Council Member Dahl seconded the motion. Mayor Bergeson asked if the developer is aware of the conditions of approval. Mr. Uhde indicated he is aware of and agreeable to the conditions of approval. Council Member Reinert stated that when the City sold the lots they were not lots but undeveloped land, which is why they were sold for $75,000. Council Member Carlson agreed the lots were only rough land. She stated there was no guarantee that the City would agree to the development or MUSA allocation when the lots were sold. She stated the City needs to be more careful in the future so this situation does not happen again. Mayor Bergeson asked if all the park issues relating to completion of Public Services Director DeGardner advised all park issues have b lots was actually $30,000 per acre. The developer still owes the finish the trail corridors. The park will be fully operational. Motion carried unanimously. ark have been addressed. sed. The $75,000 for the 0 which will be used to Resolution No. 01— 69, Approving Variance t "> an cessory Building Closer to the Front Lot Line than the Principal Building, 2088 8 � Ave e, John Cartier, (3/5 Vote Required), John Powell — CitEngineer Powell advis- y'' arti - has applied for a variance from the s �. prohibition on building an accessory bu ; q.F _ �' oser to the front lot line that the principal building. City Engineer Powell presented th s of the variance request noting that in considering all requests for variance and in t • uent action, the City shall make a finding of fact: 1. That the p conditions erty i - stion cannot be put to a reasonable use if used under the official controls. 2. That the plig of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. 10 • • COUNCIL MINUTES MAY 29, 2001 City Engineer Powell advised staff recommends approval of the variance request based on one condition and the Planning and Zoning Board approved the variance request at its May 9, 2001 meeting. Council Member Carlson inquired about the number of acres the applicant has. Mr. Cartier advised he owns close to 10 acres of land. Council Member Dahl moved to approved Resolution No. 01— 69, based on the following condition: 1. A building permit must be obtained before construction of the accessory building begins. Council Member Reinert seconded the motion. Motion carried unanimously. Resolution No. 01 — 69 can be found in the City Clerk's office. PUBLIC HEARING, SECOND READING, Ordinance 0 0 , cating an Easement on Lot 11, Block 1, Lino Air Park North, (4/5 Vote Requi ,fid),`' n 'a well — City Engineer Powell advised the owner of the lot at 314 Carl Street has peti 'one®N the` to vacate a portion of the easement located on his lot. The dimensions of the e ement, the proposed easement, and the legal description are described in the staff report a ' ist n easement was dedicated for ponding and flowage purposes. The property owner has quest this change because the existing easement configuration will not accommodate his prand hanger. There is also a taxiway easement on the property that will be le Rice Creek Watershed District h correspondence dated March 5 using the reduced easement Section 12.05 of the City by Ordinance. The first rea ng approved of the proposed changes as shown on the staff has determined that the drainage can be conveyed how ' and recommends granting the vacation request. wires that real property of the City cannot be disposed of except f this ordinance was held on May 14, 2001. The Ordinance will require one more reading, p ication, and a waiting period before it is in effect. The proposed schedule for this vacation is as follows: First Reading of the Ordinance Second Reading of the Ordinance Publication in the Legal Newspaper Effective Date of the Ordinance May 14, 2001 (Complete) May 29, 2001 June 5, 2001 July 5, 2001 Council Member O'Donnell moved to approve the SECOND READING of Ordinance No. 01— 07, as presented. Council Member Reinert seconded the motion. • Council Member O'Donnell voted yea. Council Member Reinert voted yea. Council Member Dahl voted yea. Mayor Bergeson voted yea. Council Member Carlson voted yea. COUNCIL MINUTES MAY 29, 2001 Motion carried unanimously. Ordinance No. 07 — 01 can be found in the City Clerk's office. PUBLIC HEARING, 21st Avenue Street and Storm Sewer Improvements, (3/5 Vote Required), John Powell - City Engineer Powell advised on April 23, 2001, the City Council received a Feasibility Report, and set the public hearing, for the installation of storm sewer and street along 21st Avenue, south of Main. The report was prepared to address transportation and storm sewer needs of the Clearwater Creek Business Center area. On May 22, 2001, Lino Lakes staff met with Centerville staff to discuss the details of the feasibility study and related issues. The feasibility study had been prepared based on a Joint Powers Agreement (JPA) previously approved by the City of Lino Lakes. Centerville staff has requested changes in the JPA which affect some of the cost and assessment data in the study. The revised feasibility study will be presented and no further action will be requested until the City Co . has had an opportunity to consider the revised JPA. The revised JPA will be prepared, sub ' ed to nterville staff for review, then brought to the Lino Lakes City Council for consideration o u 1,01. Jason Wedel, TKDA, presented the feasibility report in deiing t timetable of the project. Council Member Reinert asked if there is liability fo Engineer Powell advised the City will not procee received. There is not liability for the City. Council Member O'Donnell asked if thi amount of the assessments. City En_ • Staff does not feel the assessment before the contract is signed. T proceed. The City Attorney advise outweigh the benefits of th awarded. to act first on this project. City approval from the City of Centerville is suject to appraisals on the property to cover the dvised the project is consistent with Chapter 429. e. An assessment hearing will be held in August can also wait 30 days until the appeal process is over to oes not normally order appraisals unless staff feels the costs roj = ct. The assessment hearing will be held before a contract is Mayor Bergeson opened the public hearing at 8:13 p.m. Ms. Joan Tachida, Clearwater Creek Amoco, came forward and stated she has operated her business in the area for three (3) years on a dirt road. She is concerned about the amount of water in the area and the high assessments for the project. She stated she does not see any great development in that area. She indicated the project is not economically feasible for her. She stated help is desperately needed in this area but at what cost. Mr. Archie Lessard, Dairy Queen, came forward and stated the area does need road improvements and a lot of help. The City needs to find a way to keep the current road intact. Traffic is a major concern as well as other issues. 12 • • • COUNCIL MINUTES MAY 29, 2001 Mayor Bergeson stated the assessment figures are an estimate but are probably fairly accurate. He asked about road access during construction. City Engineer Powell advised the City is committed to maintain traffic flow through construction. This project is less obtrusive than the project that was completed in the area a few years ago. Mr. Rehbein came forward and stated the Centerville businesses are concerned about the assessment amounts also. The City of Centerville is considering capping the assessments and helping to fund half of the project through the City budget. He stated help from the County should also be obtained. City Engineer Powell advised the City will be requesting help from the City. Mr. Rehbein stated he pays a lot of taxes. Mayor Bergeson asked if there are any other property owners that can Powell advised the properties that will benefit from the project wil ponds have to be addressed. Staff is aware of the drainage prob draining properly a separate pipe has to be run that also adds about the cost of the project. There is the option of shone Centerville agrees. sessed. City Engineer ed and costs from the ea. Because it is not he City is also concerned ct area if the City of Council Member Reinert asked if the City of Cert has c mmitted to sharing in the costs to the property owners. Mr. Rehbein stated the City of Centervi ent y considering sharing with the costs of the benefiting property owners. Council Member O'Donnell st advised the project is a Chap City Engineer Powell not oject is also guided by the City Charter. The City Attorney prof t and sources other than the general budget are needed, t area is Charter exempt. Council Member Reinert m. -d to close the public hearing at 8:23 p.m. Council Member O'Donnell seconded the motion. Motion carried unanimously. Mayor Bergeson advised there will be more discussion and another public hearing regarding this issue. City Engineer Powell advised he will provide a copy of the feasibility study for the residents. Site Plan Review, Lino Lakes Correctional Facility, John Powell — City Engineer Powell advised the Minnesota Dept. of Corrections plans to construct a pole barn for vehicle storage on its site. The building will be outside of the prisoner compound but within a separate fenced area. The City of Lino Lakes has no legal zoning jurisdiction over State of Minnesota land. Therefore, the Dept. of 13 COUNCIL MINUTES MAY 29, 2001 Corrections is not obligated to submit this project for City review. However, the Dept. has done so as a courtesy. City Engineer Powell presented the staff analysis of the site and building plan noting the Dept. of Correction has provided the information as a courtesy, and is asking for comments from the City. City Engineer Powell added the Dept. of Correction often delegates building code enforcement to the City through a special agreement. This allows the City to collect building permit fees to cover review and inspection costs. Staff anticipates this will occur for this building. City Engineer Powell advised the. Planning and Zoning Board had no adverse comments on this project at its May 9 meeting. Council Members had no comments relating to the project. Resolution No. 01— 70, Receive CSAH 23 Corridor Development Required), John Powell — City Engineer Powell advised the refer to evaluate the impact of development in the I-35W/CSAH 23 CSAH 23 to convey traffic. Staff will review the results and a future work session but are requesting the study be recei; preparation of the Lino Lakes Marketplace Environmeptal City Engineer Powell advised staff is requesting acknowledgment that it has been received. Council Member Dahl moved to adopt ct Study, (3/5 Vote y was prepared in order ea on the ability of ion included in the study at ty Council so it can be used in nt Worksheet (EAW). City Council approve the report, only an O. 01 - 70, as presented. Council Member �e Reinert seconded the motion. Motio u imously. Resolution No. 01— 70 can be e City Clerk's office. UNFINISHED BUSINESS May 9, 2001, Council Wo Session Minutes — Council Member Carlson referred to page 1, paragraph 5 and asked that tape be reviewed relating to comments made by Mr. Palmquist regarding additional assistance for the architectural costs. Council Member Carlson moved to table the May 9, 2001, Council Work Session Minutes to the June 11, 2001, Council Meeting. Council Member Reinert seconded the motion. Motion carried unanimously. May 14, 2001, City Council Meeting Minutes — Council Member Carlson referred to page 13, paragraph 5, and corrected the second sentence to read "Approval of the previous agreement was no guarantee that rezoning and MUSA would be approved". Council Member Reinert moved to approve the May 14, 2001, City Council Meeting Minutes, as amended. Council Member Carlson seconded the motion. Motion carried unanimously. 14 COUNCIL MINUTES MAY 29, 2001 • NEW BUSINESS - None COMMUNITY CALENDAR MAY 30 THROUGH JUNE 11, 2001: Special Council Finance Work Session, Wednesday, May 30, 2001, 5:30 p.m. Environmental Board Meeting, Wednesday, May 30, 2001, 6:30 p.m. Park Board Meeting, Monday, June 4, 2001, 6:30 p.m. Council Work Session, Wednesday, June 6, 2001, 5:30 p.m. EDAC, Thursday, June 7, 2001, 7:00 a.m. City Council Meeting, Monday, June 11, 2001, 6:30 p.m. ADJOURN • There being no further business, Council Member Rei rt '' .ve adjourn at 8:30 p.m. Council Member O'Donnell seconded the motion. Motion c imously. These minutes were considered and approved a the reg ar Council Meeting, June 11, 2001. ‘'Z.zN,' �, j eR. Transcribed by: Kim Points TimeSaver Off Site Secreta John geson, Mayor 1, I