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HomeMy WebLinkAbout02/27/2006 Council Minutes (2)• • COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED CITY OF LINO LAKES MINUTES DATE : February 27, 2006 TIME STARTED : 6:30 p.m. TIME ENDED : 7:20 p.m. MEMBERS PRESENT : Carlson, O'Donnell, Reinert, and Mayor Bergeson MEMBERS ABSENT : Stoltz Staff members present: City Administrator, Gordon Heitke; City Attorney, Bill Hawkins; Community Development Director, Mike Grochala; Economic Development Coordinator, Mary Alice Divine; Public Services Director, Rick DeGardner; City Engineer, Jim Studenski; Chief of Police, Dave Pecchia; Associate Planner, Paul Bengtson; and City Clerk, Julianne Bartell OPEN MIKE No one was present for open mike. SETTING THE AGENDA The agenda was approved as presented. CONSENT AGENDA Councilmember Carlson moved to approve the Consent Agenda, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. ITEM ACTION CONSENT AGENDA Consideration of Expenditures: i. February 27, 2006 (Check No. 75991 — 76078, $378,624.58) ii. Centennial Fire District (Check No. 15054 - 15076, $20,821.77) Consider Resolution No. 06-24, Approving Tobacco License for Holiday Companies for Stationstore #376 at 7509 Lake Drive 1 Approved Approved Approved • ' COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED Public Safety Department — Expenditure of Drug Forfeiture Funds: Authorize use of funds in the amount of $5,000 to Re-establish Lino Lakes as a supporting community For the purpose of continuing juvenile diversionary Services through the Forest Lake Area Youth Service Bureau Approved Authorize expenditure of $1,500 to $2,000 on updated Exercise equipment and accessories for the Wellness Room FINANCE DEPARTMENT REPORT, AL ROLEK Approved Public Hearing, Consider Resolution No. 06 — 34 Regarding Tax Abatement and Business Subsidy in Connection with the YMCA Project YMCA Financing, Mary Alice Divine — Economic Development Coordinator Divine advised in 1999 the City of Lino Lakes entered into an agreement to partner with the YMCA to bring a facility to Lino Lakes. The city committed $1.5 million toward construction of the facility, plus 6.7 acres of land and the cost of infrastructure to the facility. The City Council approved a Tax Abatement District, using the mechanism of tax abatement as a source of funding for its commitment of $1.5 million toward construction of the facility. • Together with the City's $1.5 million commitment, the YMCA's commitment of $2.5 million in debt financing, and local fundraising, the YMCA was able to raise approximately $6.3 million for construction of the facility. The YMCA determined that additional fundraising was not keeping pace with rising construction costs and it needed to build a facility this year that did not include a leisure pool in the first phase of construction. Staff has explored with the YMCA, Springsted, and Kennedy & Graven options that might be available to provide the size and type of facility that the City Council and the community had anticipated. It is estimated that currently $1,850,000 is needed to complete the building with the addition of the leisure pool. Part of the final 2005 agreement with the YMCA called for a 5 -year, 10 percent discount to Lino Lakes residents who purchased local memberships at the Chain of Lakes YMCA. While this is a benefit to residents who join the Y, it restricts the ability of the YMCA to take on more debt, benefits only residents who become members, and does not apply to those who wanted memberships that included use of all Twin Cities YMCAs. If that portion of the agreement was eliminated, it would enable the YMCA to take on an additional $1 million in debt. The City has also benefited from the development of Legacy at Woods Edge with Hartford Group as the master developers. If the YMCA had been constructed prior to Woods Edge being underway, the city would have been obligated for the costs of construction of Town Center Parkway, including improvements to the Lake Drive intersection, plus extension of utilities, to the YMCA site. 2 COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED • Considering that savings, the total City contribution, in today's dollars, remains approximately the same 30 cents on the dollar that was originally anticipated in 1999. • • Springsted updated its analysis of the capacity of the Tax Abatement District,there is capacity available to provide the additional $850,000 to meet the current gap in funding. Providing an additional tax abatement to cover the costs associated with the City's partnership with the YMCA is considered a business subsidy under the Minnesota Business Subsidy Act. After closing the public hearing, the City Council will consider a resolution that approves the use of $850,000 in tax abatement for the YMCA facility and a business subsidy to the YMCA. The Economic Development Advisory Committee took action supporting additional tax abatement for the YMCA project for the inclusion of a leisure pool and improved architectural design of the facility, but recommended that the abatement be contingent upon increased public access through, but not limited to, resident user fees for a negotiated period of time. Of the nine EDAC members, one was absent and one abstained. The final agreements and discussions regarding proposed programming opportunities for Lino Lakes residents are not complete. Therefore, staff is recommending that the public hearing be continued to the March 13, 2006 City Council meeting. Mayor Bergeson opened the public hearing at 6:45 p.m. Councilmember Reinert moved to continue the public hearing to the March 13, 2006, City Council meeting. Councilmember Carlson seconded the motion. Motion carried unanimously. Consider Resolution Granting Approval of Issuance of Tax Exempt Revenue Notes for the benefit of YMCA of Great Saint Paul — Finance Director Rolek advised the City has agreed to consider assisting the YMCA with financing its share of debt for the Chain of Lakes YMCA in Lino Lakes. Springsted, Inc., the City's financial consultant, has completed an analysis and recommends providing Tax Exempt Revenue Notes in order to provide tax exempt financing to the YMCA. This is a financial savings to the YMCA and provides additional protections to the city for its investment in the construction of the facility. Because the public hearing regarding the tax abatement and business subsidy agreement with the YMCA is being continued until March 13, 2006, staff is recommending that this public hearing also be continued to that date. Mayor Bergeson opened the public hearing at 6:50 p.m. Councilmember O'Donnell moved to continue the public hearing to the March 13, 2006, City Council meeting. Councilmember Reinert seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. 3 COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER Consider Resolution No. 06 — 07, Approving 2006 Park Board Goals — Public Services Direction DeGardner reviewed the recommended 2006 Park Board Goals noting funding for the goals will be from the Dedication Parks Fund. Councilmember Reinert moved to approve Resolution No. 06 — 07, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Consideration of Resolution No. 06 — 37, Approving National Sports Center Super Rink Expansion Guarantee Agreement — Public Serviced Director DeGardner advised the City Council approved Resolution 06-28, Approving City Participation in the Super Rink Expansion Project at the February 13, 2006 City Council meeting. The requested action this evening is to approve the master agreement that outlines the details within Resolution 06-28, the information discussed at the January 18 and February 8 work sessions, as well as the February 13 City Council meeting. In summary, the Minnesota Amateur Sports Commission (MASC) and National Sports Center (NSC) have proposed constructing and operating a facility consisting of four new ice sheets to the Super Rink on the property of the National Sports Center located in Blaine, Minnesota. The City of Lino Lakes, along with the cities of Circle Pines and Centerville, has been requested to participate with the Centennial Youth Hockey Association (CYHA) in the financing of the expansion and operations of the facility. In addition to use by the hockey association, the public will have access to the facility for public skating, senior skating, figure skating, skating lessons, as well as various hockey and broomball leagues. As reviewed at the February 13, 2006 City Council meeting, the city of Lino Lakes is to provide a capital contribution of $72,000 over a three year period ($24,000 in 2007, 2008 and 2009) payable directly to the National Sports Center Construction Fund. In addition, the participating entities are also required to back up to 1,340 hours of ice rental income to cover any unsold hours during the months of September through March over the 20 year repayment period. In 2005, each of the four sheets of ice at the NSC experienced approximately 2,875 hours of use. The City of Lino Lakes' commitment of guaranteed hours is 346 hours per year. Section 5 - Special Terms outlines the provisions that the City of Lino Lakes is entitled to including one free skating session, 216 annual free skating passes, and the city's recognition on the exterior and inside of the building. Included in the packet is an analysis that was prepared by Ehlers and Associates, Inc. The analysis focuses on the financing, past utilization, and projected revenue/expenses of the Super Rink facility. The City Attorney has also reviewed the attached agreement. 4 • COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED City Administrator Heitke noted Section 6, Default/Remedies was removed from the agreement. He also noted the benefits to the City for entering into the agreement are for a period of fourty years. Staff will be working with the City Attorney to included that language in the agreement. Councilmember O'Donnell moved to approve Resolution No. 06 — 37, with the additional language outlined by the City Administrator. Councilmember Reinert seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA Cavegn Estates: Consider Resolution No. 06 — 33, Approving Development Contract, James Studenski — City Engineer Studenski advised the City Council approved a preliminary plat on July 25, 2005 for the Cavegn Estates. On February 13, 2006 the 1St Reading of Ordinance 01-06 — Vacation of a portion of Lois Lane right of way and drainage and utility easements was approved. Cavegn Estates provides for the construction of 2 residential units on a 1.38 Acre parcel of property near the intersection of Country Lane and Lois Lane. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract. The contract provides for the following: • 1. Submittal by the developer of a Letter of Credit in the amount of $7,400 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. No street or utility improvements are necessary for this development. 2. Deposit of a cash escrow in the amount of $3,950 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Anthony and Kimberly Cavegn have reviewed the contract and are aware of the conditions set forth. Councilmember Carlson moved to approved Resolution No. 06 — 33, as presented. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Consider Second Reading of Ordinance No. 01 - 06, Vacating Part of Lois Lane Street Right of Way; and drainage and utility easements for Cavegn Estates, Paul Bengtson — Associate Planner Bengtson advised Anthony and Kimberly Cavegn have received approval of a Preliminary Plat for Cavegn Estates and one of the conditions of approval was the vacation of the unused cul-de-sac portion of Lois Lane adjacent to the northeast corner of their property at 7870 Country Lane as well as the corresponding drainage and utility easements. The applicant will dedicate new utility easements in conjunction with the Final Plat of the site which follows this item on the agenda. The cul-de-sac that was dedicated on this lot as part of the Mar Don Acres plat is no longer necessary as the street continues through to the east. The applicant is proposing to plat the property into two • lots. As such the City Council approved the preliminary plat for the site with the condition requiring the vacation of the unused cul-de-sac right of way. 5 • COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED The corresponding drainage and utility easements would typically be vacated around the cul-de-sac, but to clarify the drainage and utility easements in the future staff is recommending that all of the drainage and utility easements platted on this lot as part of the Mar Don Acres plat be vacated. The Cavegn Estates plat will include new drainage and utility easements for both of the proposed lots. Staff recommends approval of the Vacation of the unused cul-de-sac portion of Lois Lane and all of the drainage and utility easements platted on Lot 1 Block 2 of Mar Don Acres. Councilmember O'Donnell moved to approve the second reading of Ordinance No. 01 — 06, as presented. Councilmember Reinert seconded the motion. A roll call vote was taken. Yeas, Council Member O'Donnell, Reinert, Carlson and Mayor Bergeson; Nays, none; Absent, Council Member Stoltz Consider Resolution No. 06 — 31, Approving Final Plat for Cavegn Estates, Paul Bengtson — Associate Planner Bengtson advised Anthony and Kimberly Cavegn have requested approval of a single-family residential development entitled Cavegn Estates. The subject property is located adjacent to the southeast corner of Lois Lane and Country Lane and is currently developed with one single-family dwelling. The applicant is proposing to divide the 1.38 acre lot into two buildable lots of 23,560 square feet and 36,564 square feet. The existing single-family dwelling will remain on the smaller lot, and the larger lot will be used for new construction. The final plat conforms to the preliminary plat layout approved with Resolution 05-108 by the City Council on July 25, 2005. All conditions of approval from the preliminary plat will be met through the development agreement and building permit review processes. At the February 8th regular meeting the Planning & Zoning Board voted unanimously to recommend approval of this request. Councilmember Reinert moved to approve Resolution No. 06 — 31, as presented. Councilmember Carson seconded the motion. Motion carried unanimously. Consider Resolution No. 06 — 32, Amending the Conditional Use Permit for Molin Concrete, Paul Bengtson — Associate Planner Bengtson advised Molin Concrete is proposing an overhead crane bay addition to their existing facilities at 415 Lilac Street. The Molin property is covered by a conditional use permit for the concrete plant. The northern 20 acres is covered by an interim use permit for outdoor storage. This new application does not involve the storage area. The Conditional Use Permit covers the entire site. Building additions such as those proposed in this application require an amendment to the Conditional Use Permit. Because this application involves the CUP amendment, it is appropriate to review the conditions • placed on the site through the last CUP amendment in 2003. The City amended the CUP in 2003 with Resolution 03-73, and then again in February 2005 with Resolution 05-13. 6 • • COUNCIL MINUTES FEBRUARY 27, 2006 APPROVED Molin Concrete has sent a notice to the surrounding home owners to inform them of the proposed expansion and invited anyone interested to provide comment. These same homeowners were also noticed by the city of the public hearing in regards to this request. On February 8th the Planning and Zoning Board voted unanimously to recommend approval of the proposal subject to the three conditions recommended by staff. Councilmember O'Donnell moved to approve Resolution No. 06 —32, based on conditions outlined in the staff report. Councilmember Reinert seconded the motion. Motion carried unanimously. Consider First Reading of Ordinance No. 02 — 06, Amending Ordinance No. 04 — 04 for the Purpose of Adding Signage Criteria to the Lino Lakes Town Center Design and Development Guide, Paul Bengtson — Associate Planner Bengtson advised staff has crafted a final draft of the Signage Criteria for the Legacy at Woods Edge project (Lino Lakes Town Center). This criterion is intended to be added to the existing Lino Lakes Town Center Design and Development Guide as Chapter 5. The majority of the elements of these signage criteria were adapted from the original proposal for Chapter 5, which was eliminated prior to the approval of the guide (Ordinance 04-04) in 2004. This was augmented by researching other similar mixed-use types of communities, other signage ordinances, and the recently amending city signage ordinance (Ordinance 05-05). Associate Planner Bengtson reviewed Chapter 5 noting it has been broken down into seven sections. At their February 8th regular meeting the Planning and Zoning Board voted unanimously to recommend approval of the signage criteria. Councilmember Carlson moved to approve the first reading of Ordinance No. 02 — 06, as presented. Councilmember O'Donnell seconded the motion. A roll call vote was taken. Yeas, Council Member O'Donnell, Reinert, Carlson and Mayor Bergeson; Nays, none; Absent, Council Member Stoltz UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Consider Approval of February 8, 2006 Council Work Session Minutes (Councilmember O'Donnell was absent) — City Administrator Heitke referred to page 6, line 12, and corrected the figure $178,000 to read $780,000. • • COUNCIL MINUTES APPROVED FEBRUARY 27, 2006 Councilmember Reinert moved to approve the February 8, 2006 Council Work Session Minutes, as amended. Councilmember Carlson seconded the motion. Motion carried with Councilmember O'Donnell abstaining. COMMUNITY CALENDAR FEBRUARY 28 THROUGH MARCH 13, 2006: City Council Study Session, Monday, March 6, 5:30 p.m. Park Board Meeting, Monday, March 6, 6:30 p.m. Planning & Zoning Board Meeting, Wednesday, March 8, 6:30 p.m. It was noted that the meeting day for City Council work sessions has changed from Wednesdays to Mondays. ADJOURN There being no further business, Councilmember O'Donnell moved to adjourn at 7:20p.m. Councilmember Carlson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, April 24, 2006. _ U Juli e Bartell, C. Clerk' Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. Jcrlin Ber: - son, ayor