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1989-07-17 CC Minutes . . . COUNCIL MINUTES JULY 17, 1989 The regular meeting of the Albertville City Council was called to order by Mayor Gary Schwenzfeier. Members present included Bob Braun, Donatus Vetsch and Jim Krystosek. Council member Don Cornelius was absent. Others present included Maureen Andrews, Lorie Villareal, Bob Miller, Thore Meyer, Brad Farnham, David Licht, Dan W1lson, Ken Lindsay and Raymond Varner. The agenda for the eveningrs meeting was reviewed by the Council. A motion was made by Bob Braun and seconded by Jim Krystosek to approve the agenda. All were in favor and the motion carried. The minutes of the July 11th meeting were Council. Hearing no corrections or additions, Jim motion to approve the minutes of July 11th. Donatus the motion. All were in favor and the motion carried. reviewed by the Krystosek made a Vetsch seconded The Council was reminded that there were two public hearings on the Albertville Storm Water Improvement Plan but that they should be held separately. Staff noted that since the two hearings were similiar in nature that some of the information would be relevant to both hearings but that they would try to separate the issues as much as possible. The first hearing on the establishing Improvement Tax District was called to order by Vetsch and a second from Bob Braun. All were in carried. Bob Miller read the notice of hearing. of the Storm Sewer a motion from Donatus favor and the motion Bob Miller explained that the pUrPOse for holding this public hearing was to establish the storm sewer improvement district under the authority of Minnesota Statute 444.17 to 444.21. This statute allows a municipality to organize an area for the purpose of acquiring, construction, reconstruction, extension, maintaining and otherwise making improvements to the storm sewer systems and related facilities. . . . The meeting was then turned over to Brad Farnham, the Cityrs F1nancial Advisor, for explanation as to how the City proposed to finance the storm water drainage proposal and what type of impact it would have on the effected properties within the City. Brad pointed out that the C1ty initially looked at three revenue sources for the pUrPOse of financing this proposal and that just recently an additional source of funds was added for the Councilrs discussion. A brief breakdown of sources of revenue were described for the benef1t of the residents present. The different sources of funds available for the City to use include the follow1ng: 1. The City Council has the authority to levy a tax to finance the cost of the improvement, includ1ng ma1ntenance and to pay the principal and interest on obligations issued. Brad noted that the tax is collected and paid over the year just as all other taxes are, but explained that any expenditure shall be limited to the property described in the ordinance. Such taxes are disbursed by the Council only for the benefit of the district as established by ordinance. It was noted that public hearing notices are required to be mailed out to all effected property owners prior to the holding of a public hearing just like we did for this eveningrs meeting. It was pointed out that this solution is the least favorable option the City has for collection of revenue for the development of the storm sewer program because the tax is collected based on property value so larger properties will pay a larger tax since their assessed values are higher. It was noted that, at this time, the City does not intend to levy any tax, but have reserved the right to do so in the event that the captured tax increment financing would not be available. 2. The implementation of a Quarterly Utility Charge. The quarterly charge is proposed to be used for on going maintenance of the storm sewer system as well as future expansion of the system. The revenue generate by the quarterly charge will be collected at the same time sewer bills are. The following is a breakdown of the charges proposed by the City: TYPE OF PROPERTY QUARTERLY CHARGE Single Family Residences Duplexes Four-plex on 1/3 acre $ 4.2~/quarter $ 5.91/quarter $ll.~/quarter -2- . . . For all other properties the quarterly rate would be based on the area of the property and the percentage of the property which is imperious (i.e. roofs. parking lots. driveways. and any other area which is not covered by lawn or other vegetation). The rates for these types of property are projected as follows: PERCENT OF IMPERVIOUS AREA QUARTERLY CHARGE Lawn. 0-5% Impervious 6-35% Impervious 36-65% Impervious 66-100% Impervious $ 6.69/acre $12. 60/acre $17. 72/acre $31. 89/acre The City Engineer will determine the amount of imperv10us area a site has and make the necessary calculations to determine what amount the quarterly charge should be for a particular property. If there is a demonstration that a property has on-site facilities which 1mprove water quality or reduces its outflow rate the City will consider a reduction in the individualrs utility charge. 3. The City Council is also considering a one time New Construction Utility Connection Charge for all new development to be assessed to those pulling building permits during the year on new development. One time charge: Single family home - $100.00 Two-plex $140.60 Four-plex $253.10 For all other properties the connection charges are proposed to be collected in the follow1ng fashion: PERCENT OF IMPERVIOUS AREA CONNECTION CHARGE $159. 40/acre $300. 00/acre $421. 90/acre $759. 40/acre Lawn. 0-5% Impervious 6-35% Impervious 36-65% Impervious 66-100% Impervious This fee will be charged only on new construction and therefore the new users will be paying for the added storm sewer releasing the current residents of this added burden. 4. The fourth source of revenue being considered for the construction of this storm sewer drainage system is captured -3- . increment generated from the construction of two bU1lding proJects within the district. (The details of this proposal is discussed in more detail in the portion of the minutes dealing with the tax increment financing public hear1ng.) For the purpose of the discussion pertaining to the hearing, those present were informed that the City would be allowed to use approximately $127,08e.00 of revenue captured from the taxes generated by the construction of two apartment complexes. Which in essence would pay for the construction of Phase 1 of the system being proposed, while allowing the revenues generated by the utility charge and connection fees to be used for covering the expense on routine maintenance as well as setting additional capital aside for future expansion to the system. Brad noted that at the present time the City of Albertville is not looking too favorably at the implementation of a tax; however, nobody can predict the extent of the storm water district and how fast it will develop. The establishment of the district just allows the City a way to finance the system, but does not preclude public hearings on specific improvement projects. . The minutes should also note that the Cityrs current policy regarding internal development expend1tures (i.e. installation of storm sewer) will still remain the responsibility of the developer and will be installed and assessed in the same fashion that it has been in the past. It was again noted that the proposal be1ng discussed by the C1ty is for the backbone of the storm system. The residents (see public hearing sign up sheet) present at the hearing next made comment and asked questions. A question was asked about what types of land will be affected and what exactly is the problem? It was pointed out there are two problems that exist currently, the first being the fact that Wright County does not want the C1ty d1scharging storm water runoff into County Ditch #9, regardless to whether or not the City designs a retention system that would only allow the water to discharge at the same rate that it is currently flowing into the ditch. The County informed the City that prior to any additional plat approval the City would need to provide them with a plan for discharging storm water that would not 1mpact the ditch under their jurisdiction. . Secondly, it was pointed out that as property within the City develops that there tends to be a conflict between undeveloped and developed land. Depending on the timing under which development occurs there can be a need to establish drainage plans that would cross undeveloped land prior to its development thus causing some type -4- . of conflict. It is the Cityrs intent to use temporary easements to establish the preliminary drainage way to allow for flexibility in future development of land that is currently in an agricultural status. It was pointed out undeveloped land will be affected by the drainage plan simply because of the fact that as development occurs there is a responsibility of the developer and the City to deal with the retention and drainage of storm water so that it does not negatively impact the adjoining property. It was also noted that the City has to continually observe how existing development ties into the overall drainage plan because land that could presently be out letting through undeveloped property (i.e. farm ditches and soil saturation) can be greatly changed as these areas becomes developed. . The City noted that there is not a problem with dealing with storm water presently, but believes that there are foreseeable problems in the future if no action is taken to plan for the discharging of storm water. It was noted that the City became truly aware of the potential problem of dealing with storm water when it became apparent the County indicated that they did not want the City to discharge storm water runoff into the1r county ditch system. What now seems like a minor problem could potentially become a much bigger one as more farm land is transferred into development projects, because of the fact that the improvement to land increases the amount of run off and the speed at which drains. At this a question was raised regarding why the County was opposed to the City US1ng County Ditch #9 as an outlet for storm water since the ditch is already in place. It was pointed out that the or1ginal intent of county ditches were to reclaim land for farming that would otherwise not have been available because of the fact that the land tended to be low and to wet to farm. The ditch laws do not address the issue of using them for storm water removal. As far as County Ditch #9 is concerned as a drainage source, County action ruled that they did not like the idea of our storm water runoff going into the ditch and therefore the City needed to find an alternative to deal with any storm water runoff generated by development within the Cityrs corporate boundaries. Thore Meyer commented that because of the County stand on using County Ditch #9, the City is trying to solve its own drainage problems. He also noted that just recently the County has passes a resolution requiring each city and township to establish a storm water drainage plan. If not done the County will do so. It is the feeling of the Council that it is in the best interest of the C1ty to follow this mandate so as not to have to follow a plan designed by the County as mandated. . -5- . There was a comment from the audience that developers should take care of the storm water drainage - it is their projects that are being developed. To this, Bob Miller responded that everyone increases storm water runoff - not just the developers. Everybody contributes and everybody will pay accordingly. The developer w~ll still be responsible for internal runoff. Maureen Andrews told the the City will be able to pick (i.e street sweeping, line problems) for the existing currently included as Part of residents that with the utility charges, up the expenses for regular maintenance repair and cleaning, winter freeze up storm water drainage lines which is the annual budget. Again, Thore commented that the City is mandated by the County to come up with a storm water drainage program. A resident, Mr. Jim Walsh, asked where does the water come from and where does it flow to? . Noting that this really a issue that should be dealt with in the next hearing, but stating that it might assist in clarifying some of the issues, Thore showed the residents on a topography map outlining the drainage area in question. Another question asked who is going to show us why this is creating a problem - why do we need more drainage? Thore explained that somewhere along the way the storm water has to be outleted before more is created. New development is now creating more runoff and the water has to go somewhere. Jim Walsh questioned why the rates are climb~ng so high; ie: his sewer bill has increased from the minimum of $30 to $97 per quarter. Why are existing properties paying for someone else? At this point, Mr. Walsh requested from Maureen a complete explanation of what the Waste Water Treatment Facility is costing, how much money is being generated and how and where the money is being spent. It was noted at this time that the sanitary sewer system ~s a completely different operation and that the storm water project would not be incorporated with the wastewater treatment facility. It was noted however that the information requested would be made available to Mr. Walsh for his review. . Brad again pointed out that the City is not here to look to the -6- . residents for tax purposes. The Council has looked at favorably and are comfortable with this storm water drainage program. Brad commented that the staff has proposed the establishment of the storm water district and some of the guidelines under which the system would operate for the Council to review. Noting that any action taken on the matter is a policy decision for the elected officials to decide. A general consensus question of the residents was to know why storm water districting is necessary. Thore responded in answer to this question. He showed the residents on an easel board with maps depicting where the d1tch could potentially be located, noting that in most 1nstances this land is currently low (having used a 952 average elevation). He pointed out how the new developing land will create a need for storm water districting. He further noted that the proposed location of the storm drainage line is preliminary and can be adjusted as development occurs leav1ng a great deal of flexibility for future development. . A comment from a resident was made that it appears the City can not attract new people or businesses in because the costs are too high compared with the City development. A question was raised that if we cannot get 1nto County Ditch #9 why are we bringing water back into town versus taking it out? And, where is the water going and how does it flow? As the land being developed becomes more valuable, developing procedures bring trades back and forth. Pond locations can be change through the development process but it is the intent of the plan that the water will flow east out past Hordis and into the Crow River. The Berningwood area of Frankfort Township will not be affected by the flow as the water will not drain in that direction at all. Another question asked was that as the water drains into the Crow River, would there become the possibility of creating a water shed district area for the Crow River? Small this time. c1ties w1l1 districts. cities are exempt from estab11shing water shed district at However, some where along the way this may change. Small eventually have to deal with creating water shed . -7- . . . The question was raised as to whether or not the City has wet lands along the railroad tracks to handle this flow. The answer to this question was not currently. There are sanitary sewer lines along the tracks and we may be look1ng at man made retention ponds somet1me in the future. The next question asked about the back flow from County Road #19 and what about elevation from #19. The drainage is affecting crops, wildlife, etc. Right now, the Homes and eventually east into School Lake. drainage from the Westw1nd apartments, Gardner the 14.2 acres of parkland flow north and then Again, it was stressed that we are trying to handle our own problems. It would not be to the City's best interest to involve the County. We are however, mandated by the County to do someth1ng or the County RilL do it for us. A question was brought up about whether or not the pipe is capable of handling storm water drainage and runoff and where exactly does the pipe go. The storm water pipe currently runs from Main Avenue east to the Industrial Park where it outlets into an open d1tch which is located between HPG Glass Company (Hord1s Brothers) and Truss Manufacturing It is the intention of the City to enclose a portion of the ditch with culverts for maintenance reasons. With the culvert the system w111 be capable of handling the storm water drainage and runoff generated from future development. Drainage will mostly flow east into the Crow River. It was noted that the actual cost of construction of Phase I will run between $90,000 - $180,000, which does not include financing costs or land acquisition. A resident commented that these drain off areas may be impacted by our water - what problems will this create? Also, what do we do with kids and open ditches? The water flowing to the railroad tracks flow east, the town is flowing north. The City will maintain what is known as low profile ditches, which means that normally these areas are dry or has very little water 1n its bottom. In the event that there are hard rains hard rains or multiply storms the ditches may have water in it until it has time to outlet or seep into the ground. The water retention could vary from a day to a week depending on the amount of retention is needed. The -8- . . . actual design of the ditch may vary to a maximum 2 feet deep. whereas the existing ditches are 4 feet deep. This procedure 1S done everywhere and the ditches are not fenced. What happens when you own the land? As in the case of streets and park dedication a developer will be required by the City dedicate storm sewer easement as part of the platting and subdivision regulations. In some cases the storm sewer dedication may be incorporated as possible payments for parkland dedication. Again it was stressed that the City is looking at the storm water drainage to be phased and is currently looking at a temporary easement. It was pointed districts established development. Land that will now be buildable. out that as the reshaping is done and the additional land will be made available for has been floodable for the past twenty years Another question raised concerned wetlands. What is estimated as far as DNR wetlands control? The City does not propose for any DNR wetlands control at th1s t1me. A resident asked if charges would be an ongoing thing. Charges will go on continuously as long as there is continued growth w1thin the community. At this point. Maureen commented that a referendum vote is not required for the Council to establish a storm drainage utility charge. The Council. as representatives of the City. have given residents of the City of Albertville the best alternative. Bob Miller then pointed out that the Council will have the final vote and that this decision will require 4/5 of the member vote. He also stated that the issue County Ditch #9 has been before the County Board and the County Attorney. Their decision is to not allow the City of Albertville the use of the ditch; therefore. the City must find some other alternatives. The County will have the power to tell us to so something if we do not implement any action. Someone questioned whether or not the water runoff from Doug Psyk.s land flows into County Ditch #9. Doug.s property can drained north and will probably flow into a detention pond. About 945 acres of the low land on both sides of C.S.A.H.#19 (Psyk.s property and the land for the new school) will be drainable and workable as well. Charges will be only against developed land. Someone else questioned the money in the sanitary sewer fund. The income being taken in from the the sewer accounts - why can.t that be spent for this project? -9- . . . It was answered that the greater portion of those monies was being set aside for maintenance on the Cityrs sewer system. In addition it was noted that the City is also responsible for estab11shing a REPLACEMENT fund for the expansion of the wastewater treatment facility when the time comes. This fund may be reevaluated to be sure enough money is being set aside for this purpose. Before the motion to close the public hear1ng was made. a question was asked of the Council. Is there an architect in charge of a new public fac1lity? The person was answered "No" - no action has yet been taken on this issue. Hearing no other questions or comments. Donatus Vetsch made the motion to close the Public Hearing. Bob Braun seconded the motion. All were in favor and the motion carried. The Public Hearing on the Storm Sewer Improvements Within the Storm Sewer Improvement Tax District was the next 1tem on the agenda. A motion to open the Public Hear1ng on the Storm Water Taxing District was made by Bob Braun and seconded by Jim Krystosek. All were in favor and the motion carried. Bob Miller read the not1ce of hearing. for do now. this The minutes should note a point of clarification. the entire drainage study is $330.~. It 1S being the study in phases as the City does not need all Approximately $110.~.00 + will be needed for the project. The total cost recommended to of the project first phase of A question raised by a resident asked if somebody in the middle wants to develop. would the whole ditch have to be developed? The ditch and drainage from development goes hand in hand. In Phase I the ditch would be developed - but not the pond. If we were not to develop the entire ditch at one time. we would end up with a piece meal ditch development and we do not want that. Another question asked if most of the drainage was natural drainage? The water run off is only in defined locations otherwise the drainage is natural. Is this enough to satisfy the County? another resident asked. The County will want to see all the reports and will then decide if the study sat1sfies the CountyrS requirements. -10- . . . It was again noted that there will be $127.000 1n Tax Increment Financing money available to help defray the costs of this project. It is not on the agenda to levy taxes to alleviate costs. There is no time line associated with this project. The availab1lity of funds and development will dictate when the $330.000 project 1S finished. ~e hearing healthy response resident asked if there were any developers present at the that were waiting for an answer. This project will cost a sum of money and could affect their development. There was no from the audience. Maureen Andrews was specifically asked if she was aware of a project pending at this time that would be affected by this project. She noted that at this time there was not preliminary plans before the Planning Commission or Council that are impacted by th1s proposal. Mr. Walsh who asked the questioned requested the minutes reflect this answer. The drainage area does not impact anything that is happening right now. A one time connection charge and an Ong01ng ut111ty charge w111 be implemented but it does not appear that the tax w111 be. A comment was made that if water run off can not be drained into County Ditch #9 and stands for any length of t1me in a pond, it will become stagnate and smell. So, why do we need this storm water drainage program? At this point. Bernard Marx gave a short presentation to those present at the hear1ng. Mr. Marx said that he and his father. Clem Marx. are the owners of the land in question. They do not want a holding pond in the center of the 8 acres valued at $240.000. Who would want to live there if they were to plat this land? Therefore, they are contesting the filling of the pond. He noted that he believed the City had not looked at the possibility of lower the culvert under the railroad track so that the water would flow north. He asked the City to respond to this issue. Thore then made two points. First of all, what do we do with the water - where do we spread 4 feet of water? Secondly. he said that the lowering of the culvert 1.5 feet would be strapping with the elevation of the lakes. The storm water district has been created for the entire City and is economical for the whole City. A motion to close the Public Hearing was made by Donatus Vetsch and seconded by Bob Braun. All were in favor and the motion carried. The minutes should note that at this point the Council was -11- . informed that time but could meeting. The next meeting. they they were not required to make a decision at this react to to the information provided to them at a later Council decided to defer any decision making until the Mr. Walsh commented that if no decision was made that then the Public Hearing could not be closed. Bob Miller clarified that the testimonial portion of the public hearing was now closed and that the Council could take action on the matter at a later meeting. There was a short break at this point in the meeting. Jim Krystosek made a motion and Bob Braun seconded it to open the Public Hearing on the Tax Increment Financing District Plan. All were in favor and the hearing opened. Bob Miller read the notice of hearing. The Council heard from Mr. Dan Wilson, who 1S the City's Tax Increment Consultant. Dan explained what the City is doing by creating a Tax Increment Financing District and explained that the Tax Increment Financing money will be used for various projects including the storm water project, park development and the park and ride lot. . Dan went on to explain that this hearing required a two step process, the first being an amendment to the development district and the second was the creation of TAX INCREMENT FINANCING DISTRICT NO.5. The purpose of the first step of the hearing is to enlarge the existing development district (see map included in the Financing Plan). This action does not treat the land laying in the district any differently then if it had laid outside the district, but rather provides for a planning district in which potentially development might occur that could qualify for tax increment financ1ng or the ability to capture increment off a building for public purposes. It was noted that just because property is located in the development district does not necessary mean that it will qualify for tax increment financing nor that it will be captured. The development district just provides the bases for the second step which is the creation of a tax increment financing distr1ct. The tax increment financing (TIF) district differs from the development district in a couple different areas. First of all the TIF district is a district that 1S wrapped around a part1cular lot or combination of lots for which the City plans on providing TIF assistance to a project or plans to capture the proceeds generated . -12- . from the property tax for other pUrPOses. In addition a TIF district has a clock that runs on it, and according to State Statute can only exist for a period of 1e years, and for this reason a TIF district is not put into place until there is a project proposed so that that it can utilize the full extent of the time allotment. It was also noted that unlike the development district parcels included in the district do not need to be contiguous and therefore several projects can be tied into the same TIF district, which in turn reduces some of the "soft costs" associated with doing the work. Dan pointed out there are already 4 TIF districts existing in the City of Albertville. The Plan calls for the establishment of a new district which would include the two remaining apartment sites in the Westwind plat and the site proposed for the Pheasant Ridge Apartments. A question was raised as to what the tax rates are and what happens to the money in the Development Distr1ct and the Tax Increment Financing Plan District? They do not want to be paying larger taxes. As stated earlier, there is no change in the way the taxes are collected and allocated in the development district because the district only serves as a plan. . Dan went on to explain the process for which the tax is collected for an area that has been established and a TIF district. He noted that all property has an property value from which taxes has been collected from prior to development and this existing base serves as the beginning point or "FROZEN BASE" for establishing the 1ncrement. The City is then required to go back five years an adjust annually original tax capacity value by the average percent increase in tax capacity valuation. The annual factor on which these amounts are figured on are determined by the County Assessor. What this means is the City only captures a percentage of the increment off the improvement to the parcel, while the original tax capacity and adjustment factor is still divided between the City, County and School District. In other words, the City is not taking any tax base away from the three taxing districts, but will not add the additional tax capacity until after the bonded indebtness is collected. The following models show how a developed parcel~s taxes are divided in instances when no tax increment is captured and when it is captured: BUILDING A (No Tax Increment Captured) . Company Taxes ---------> County ----------> City School County The County divides the collected tax based on the tax capacity (old mill rate) of each of the governmental entities. -13- . . . BUILDING B (Tax Increment Captured) Frozen Base Company Taxes ---------) County -------------) City School County Additional ~ City i Value Tax Increment Distr1ct The County divides the frozen tax capacity base between each of the governmental entities and returns all the additional proceeds to the City which in turns transfers it back to the district for the pUrPOsed of retiring the bonded indebtness, until such debt is paid. It was noted that proposal before the Council differs from any of the past projects done through tax increment in the City because the development from which the tax increment is being captured is not going back to the developer but will be used by the City for public purpose. As described earlier the City plans on using the increment for the construction of Phase 1 of the storm water drainage plan, for the construction of a new park and ride lot and for improvements to the Four Seasons Park. Dan next went through the schedules attached to the plan, explaining how the increment has been calculated for the two proJects. The base tax capacity valuation for the FmHA Pheasant Ridge apartments has been determined to be $25 which would increase the tax capacity valuation to $1e,440.00 which will generate a $11,324 tax increase. The base tax capacity valuation for the Westw1nd apartments has been determined to be $61 which would 1ncrease the tax capacity to $35,67e which will generate a $36,00e tax increase. The City can capture this tax increment money for a period of 8 years (ten years if including the period of time for which the new value is not on the tax roles) which will allow the City to support a $27e,00e.00 bond issue. This amount includes includes the soft cost involved with the issuance of bonds and capitalized interest, which means not all of the $27e,00e.00 is not available for distribution amongst the projects. The breakdown of how the money will be allocated is as follows: Storm Water Districting Park Development Park and Ride Lot Administration $127,e00 $ 75,~ $ 12,00e $ 1e,00e -14- . . . Captured Interest Bond Discount Legal Expense Printing and Registration $ 47,250 $ 5,400 $ 2,000 $ 1,350 $270,000 TOTAL PROJECT COST Only two parcels are being affected by Tax Increment Financing and the City is capturing the money for public purpose. At this point, a resident asked Dan Wilson who he was. Dan explained his presence and then went on to say that the Council can amend the budget without a public hearing if it is a minor administrative change. However, if the City acquires land or there is a major change, a public hearing is needed. Someone commented that the City should not obligated to furnish a Park and Ride lot so why are we doing so? Most of the people using the Park and Ride lot are not from the City of Albertville and are not putting any money into this town. The Park and Ride lot will qualify for Tax Increment Financing even if it is a small amount. Also, the City does not want people parking on streets, in private parking lots, etc. Therefore, a lot will be provided. There were no further questions from the audience. Maureen commented that the plan had been before the County Board as required by law and that the County passed a resolution to make "No Comment" on the plan. Dan Wilson noted that the County Board was pleased to see the City of Albertville addressing its storm water drainage problem. A motion to close the Public Hearing was made by Bob Braun and seconded by Jim Krystosek. All were in favor and the hearing closed. Dan Wilson stated the timing is most 1mportant. If the City is to capture the increment from the Pheasant Ridge Apartments, it must do so before any building permit is issued. A resolution w111 be necessary to adopt, amend and modify the program to capture the increment. A motion was made by Donatus Vetsch to approve the resolut10n to amend the development plan and adopt Tax Increment Financing #5 and request the County to certify the plans so that the City of Albertville is able to capture the Tax Increment Financing money. Bob Braun seconded the motion. All were in favor and the motion carried. Approval of the conditional use permit and subdivision for Pheasant Ridge Apartments was next on the agenda. -15- . . . Representatives from Johnson, Sheldon & Sorenson Arch1tects, Inc. and Barthel Construction were present at the meeting to briefly review the site plan for the Pheasant Ridge Apartments. The presentation focused on their plans to reduce any negative impact to the southeast corner of the property. The plan indicated that new vegetation would be planted along this property line to allow for a screen between the apartments and the single family homes. Ten foot high spruce trees, lilac bushes that are fast growing (up to 4 feet high when planted) and a fence will be implemented as the screen. Everything else will be left in its natural state as much as possible. Mr. Bob Wacker asked how many of the Council had had a chance to look at the staked out area for the apartments. He would like to see the building that will set closest to his property be moved. He told the Council that the appraisal on his home came in between $14e,~ and $15e,~ and he does not want to see that value go down with apartment buildings being built behind him. The representatives of the architects firm noted that soil condition in that particular area will not allow for the moving of the two buildings. A question was raised regarding who the developer was and who would be managing the building. Those present were informed that Pheasant Ridge Partnership is the developer and the apartments w1ll be managed by Buckeye Management Company in St. Michael. Mr. Howard Larson, business owner of Radiation Products, expressed his concern about the number of children that will be living in the complex and the potential for conflict between children playing 1n the street with ever increasing semi traffic. Where do the kids play and how do we keep them off of Barthel Industrial Drive. The architects noted that 900 square feet of play area with a sand box and play apparatus is being provided at the rear of the lot to keep children away from the Industrial Drive. There is also all the open space to the west of the buildings that is school property that k1ds will be able to play in. At this point, David Licht, the Cityrs planning consultant, responded that the issue of this even1ngrs meeting was to decide on a Conditional Use Permit for a Planned Unit Development (PUD) to allow for the placement of two principal buildings on one property site. David noted because of an ordinance change, a public hearing was necessary in order to allow for a conditional use permit to be obtained. There was a question concerning the entrance to the apartment buildings. Only Barthel Industrial Drive w1ll be used as an entrance -16- . . . into the property. There is no other choice - distinctions were made 8 years ago at the time of platting. The placement of the building is is stipulated in the ordinance. It was noted that the minimum setback for the building is 35 feet and that 69 feet will actually be provided. Another person wanted to know if these apartments were low income. Maureen stated that the FmHA financing deals with construction moneys>> providing the builder with lower interest monies for bU1ld with. This in turn provides the developer to pass this savings on with below market rents. David noted that regardless to how the construction is financed that there 1S no d1fference in how the building is constructed. The building must meet all the building codes and zoning requirements just as all other buildings do. So in other words as far as the building 1t meets all the necessary requirements>> both construction wise and physical wise; there is no difference. Maureen went on to say that the developers must enter into a developers agreement with the C1ty. Any approval will be pending the adoption of the developers agreement. As a point of reference>> the Council was informed that the Conditional Use Permit and Subdivision of the Pheasant Ridge Apartments was approved unanimously by the Planning Commission as long as Bob Wacker approved the trees>> fenced screening>> etc. In addition. all of the issues stipulated in the Plannerrs review must be met prior to the adoption of the Developerrs Agreement. Bob Miller Council members Council on this approval. noted that because of the absence of one of the that a unanimous vote would be required from the decision since the action requires a 4/5 vote of There was drainage from drainage will development. one last question these buildings. The be incorporated into asked concerned the storm water point was clarified that the the new system as it is new Donatus Vetsch then made a motion to approve the Conditional Use Permit and Subdivision of the Pheasant Ridge Apartments pending approval of the developers agreement and the stipulations required. Jim Krystosek seconded the motion. All were in favor and the motion carried. The Council next heard from the Ma1ntenance Department. Ken told the Council that he is holding off on the ponds 1ssue until a later date. -17- . . . Ken brought to the Council~s attention that we need to start looking at and checking into prices for a snow plow for the pickup. No action was taken on this issue. Some replacement repair is needed on the Ford plow truck. The fenders on the truck are in bad shape and really need to be replaced before the w1nter begins. Other than the fenders2 the truck is in good shape and we will need to use it for plowing snow during the winter. The minutes should note that th1s is not a budgeted 1tem and no action on this issue was taken by the Council. The replacement of the shop doors was discussed next. Ken obtained 3 quotes on the replacement of the doors. TWIN CITY DOOR $12809 - both doors $935 - one door This is a Midland steel door and it is guaranteed. METRO GARAGE DOOR CO. $12035 - steel door AUTOMATIC GARAGE DOOR CO. $765 - wood door The old garage doors must be removed beforehand plus there would be additional costs not on quote "by others". The Council questioned why particular building that long to replacement doors. AIso2 how long last? steel doors. We may not be in th1s mandate that kind of quality in do each of these types of doors The Council~s action was to advise Ken to get full and complete quotes on both the steel and the wood doors and have them available at the next meeting. Maureen will check to see what money is available for this purchase. The legal portion of the meeting was dispensed with as more legal work needs to be done on the Westwind - Phase II Park Land Dedication issue before any dec1sions are made. An update on construction projects from the Engineering Department was next on the agenda. Thore showed the Council the plans and specs for the Street Improvement Project 1989-1A. There was some minor discussion about the plans and specs before the Council made motion to approve them. A motion to approve the plans and specifications for the 1989-1A Street Improvement Project and to order the advertisement for bids was made by Bob Braun and seconded by Jim Krystosek. All were in favor and the motion carried. -18- . . . The minutes should note that the bid opening for the Street Improvement Project 1989-1A will be July 25th at 10:00 a.m. The income received and the bills to be paid were reviewed by the Council. There were no questions so a motion was made by Donatus Vetsch and seconded by Bob Braun to approve the income received and the bills to be Paid. All were in favor and checks 9723 through 9749 were paid. A motion to approve the 1990 Assessment Contract with Wright County was made by Bob Braun and seconded by Donatus Vetsch. All were in favor and the motion carried. The appointing of a building committee was tabled until a future meeting. The approval of the building permits was next on the agenda. Bob Braun made a motion and Jim Krystosek seconded 1t to approve building permits 23 through 38 excluding permits number 23 and 33. All were in favor and the motion carried. Bob Braun requested that a stop sign for 52nd Street at the intersection of C.S.A.H. .37 be checked on. Maureen noted that in the Westwind Project the County installed the sign at no cost to the City. Maureen is requesting a street light on Kalland and .37 by the Westwind Apartments be installed since there is a great deal of traffic generated from the apartments. A question was raised regarding the installation a street light at the 1ntersection of C.S.A.H. .19 and '37. The Council was informed that in checking it appeared that the installation of the light would be really expensive so no light has been installed. A motion was made by Jim Krystosek to check on the street light requests. Donatus Vetsch seconded the motion. All were in favor and the motion carried. A work meeting will be scheduled sometime before the next regular Council meeting. Maureen will check Council and staff schedules before scheduling the meeting. The Minnesota Association of Small Cities "Small Talk" was included in the packet for the Council's review. Hearing adjournment. it to adjourn no other questions or comments. a motion was made for Donatus Vetsch made a motion and Jim Krystosek seconded the meeting. All were in favor and the mot10n carried. \.. nr tlrcC\ (\-{ Ct,,~ \CeLL'\}) -19-