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HomeMy WebLinkAbout10/10/1988 Council Minutes (2)era COUNCIL MEETING OCTOBER 10, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:13 P.M., October 10, 1988. Council Members present: Neal, Bisel, Bohjanen, Reinert. Council Members absent: none. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Planner, John Miller; Building Official, Pete Kluegel; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES August 3, 1988 Special Council Meeting - Mr. Bisel moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried with Mr. Bohjanen abstaining. September 26, 1988 Regular Council Meeting - Mr. Reinert moved to approve these minutes. Mr. Neal seconded the motion. Mayor Benson noted that on page sixteen, paragraph five, last line the word "not" be added between "but" and "next ". Motion carried with Mr. Bohjanen abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS September 30, 1988 - Mr. Bisel moved to approve these disbursements as presented. Mr. Neal seconded the motion. Motion carried unanimously. October 10, 1988 Mr. Bohjanen moved to approve these disbursements as presented. Mr. Reinert seconded the motion. Mayor Benson asked for an explanation of the disbursement for Annandale Construction. Mr. Stahlberg explained this is for a portion of the construction in the second phase of D. Erickson's 2nd Addition and the second addition of Reshanau Lake Estates South. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. UHDE PONDS, LAKES ADDITION NO. 3, DONNA CARLSON Mayor Benson updated the Council regarding a meeting held with Mrs. Carlson, the City Admnistrator and himself. He has talked to Mr. Uhde today and he has agreed to grade the PAGE 1 1 1 1 COUNCIL MEETING OCTOBER 10, 1988 banks of the ponds and to sod and plant trees and shrubs. The problem regarding the aeriation system is not resolved. Kevin Wills, president of the Homeowners Association explained that his group has contacted the DNR and the Fresh Water Foundation and they have decided to keep the water clarity through methods other than aeriation. The Homeowners Assn. has decided that chemical treatment and aeriation is a short sighted solution and a potential liability. Instead they plan to manage the ponds through natural methods and maintain a buffer zone. Mrs. Carlson said that this was discussed at the meeting and it was agreed to leave the pond treatment decisions to the Homeowners Assn even though Mr. Uhde's Conditional Use Permit calls for an aeriation system for treatment of the ponds. She said she wanted to be sure the Homeowners Assn. is satisfied with the money Mr. Uhde has given them to care for the ponds. She asked that a date be set for sod to be laid. Mr. Uhde of G. M. Development showed a map and explained the proposal worked out with the Homesowners Assn. He has agreed to regrade the banks of the ponds that are not sodded, to resod and reimburse homeowners who have already sodded. He also has agreed to help haul away the debris that has accumulated in and around the ponds. Cathy Griffin, 6784 East Shadow Lake Drive said that they went through all of this in August and asked how they can be guaranteed all this is going to happen. Mrs. Carlson said she did not want to rehash this entire situation, she asked that something be done and asked the Council to take action. Mr. Uhde said this would be completed during October, 1988. Mayor Benson asked that the grading and sodding be completed by October 31, 1988 and the trees and shrubs be installed in the spring. Jim Wagner, 6782 East Shadow Lake Drive asked if the homeowners will have usage of the area. Mayor Benson said this would have to be worked out with the Homeowners Assn. Mr. Wagner said he would like to be able to maintain the area directly behind his house. Mr. Wills said he will propose that the homeowners who are not members of the Assn. be made aware of the Assn. meeting dates. Mayor Benson noted that the ponds near Black Duck Drive look terrible. Mr. Wills explained the plan to upgrade this area PAGE 2 011 COUNCIL MEETING OCTOBER 10, 1988 by planting prairie grass and plants and in three years the area will look beautiful. Mrs. Carlson said she was not concerned about trees and shrubs but was concerned about the unfinished posts and "Dangerous Water" signs. Mr. Wills said the Assn. is getting legal advice regarding whether or not to post the signs. Mr. Hawkins explained that if the ponds are an obvious attractive nuisance, the Association should post the signs. Mr. Bisel moved that the agreement between Mrs. Carlson and the Homeowners Assn. and Mr. Uhde be carried out with sodding up to a buffer zone to be determined by the Assn., grading and seeding and money received by the Assn. and Mr. Uhde agreeing to pay one half of the seeding and this is to be completed by October 31, 1988. Mr. Bohjanen seconded the motion. Mrs. Carlson objected to the agreement naming herself and asked that this be changed to the City of Lino Lakes. Mr. Wagner asked for a clarification of buffer zone. Mr. Bisel agreed to amend the motion to include that the sodding be done up to two meters from the present water line and remove Donna Carlson from the previous motion. Mr. Bohjanen accepted the correction. Motion carried unnanimously. SECOND READING, ORDINANCE NO. 03 - 88, TEMPORARY TRUCK PARKING Mr. Miller referred to his memorandum sent to the Council on this matter. He noted that he has visited with the truckers to propose a compromise. There is no compromise. A question was raised regarding the meaning of "grandfathered ". Mr. Kluegel explained that all existing operations at the time the ordinance was passed are "grandfathered ". Mr. Kluegel had included in the Council packet a list of fourteen areas in the City where truck parking is occurring. He noted that three residences were not included in the list and added David Brudder, Maple Street, Randy Davis, 1152 Main Street and Gary Barott, Birch Street to the list. He also explained that only three residences on the list were "grandfathered" by the 1972 Ordinance and they are items seven and eight on the list and Mr. Barott. PAGE 3 1 1 1 COUNCIL MEETING OCTOBER 10, 1988 Mr. Bisel asked if the Council adopts the land use change and lots become smaller would this automatically cancel some of the use out. It was explained that once a use is "grandfathered" is alway will continue to be until the use is discontinued for one year. Mr. Bisel asked if the current use could be amortized out. Mr. Hawkins said yes and the City had a good chance of enforcing this. Mr. Bisel explained the history of this proposed ordinance. He felt that if a person owned enough land he should be allowed to park his truck under certain conditions. Mr. Reinert was concerned about making the ordinance fair. Mr. Cordell said that his group had been looking at set back requirements in rural areas. They did not feel they should be allowed to park in 1/4 acre lot residential. area. Mrs. Gerald Clausen, 6109 Baldwin Lake Drive explained that she owns three acres but the neighbor has a diesel truck parked next door. She felt acreage was not the only criteria. Mr. Bisel asked Mr. Kluegel if the proposed Ordinance No. 03 - 88 is enforceable. Mr. Kluegel said yes. Mr. Cordell asked if this ordinance was adopted would he have to get rid of some of his equipment. Mr. Kluegel said yes. This ordinance calls for one vehicle per residence. Mr. Bisel noted that if this ordinance is rejected, a number of residents will have to remove their vehicles because they do not follow the present ordinance. Mr. Cordell referred to his present situation. He noted that he was operating legally in 1983 when the ordinance was changed. He said he would have to review his situation. Mr. Bisel moved to adopt Ordinance No. 03 - 88 amending City Code Apendix B, Zoning Ordinance with the following exceptions: #1, the 72 hours period will not include legal holidays and add #8, when the lot becomes non conforming, the permit will be cancelled. Mr. Neal seconded the motion. Mr. Reinert noted that item #4 should take care of the Clausen issue. Ordinance No. 03 - 88 can be found at the end of these minutes. Voting on the motion, motion carried unanimously. PLANNING AND ZONING REPORT — JOHN MILLER PAGE 4 013 COUNCIL MEETING OCTOBER 10, 1988 Consideration of Preliminary Plat - Reshanau Lake Estates South, 3rd Addition - Mr. Stahlberg posted a map of the proposed plat and noted that there has been some changes since the original concept was presented. Mr. Bisel moved to set a public hearing on the preliminary plat for November 14, 1988 at 7:45 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING - SPECIAL ASSESSMENTS FOR 461 BIRCH STREET, MATHEW GLOCKE, RESOLUTION NO. 77 - 88 Mayor Benson opened the public hearing at 8:22 P.M. Mr. Stahlberg explained that this assessment is for a single connection to the truck water main in accordance with the public financing policy. There was no one in the audience to speak for or against the assessment. Mr. Bisel moved to close the public hearing at 8:24 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve Resolution No. 77 - 88 adopting the assessment for 461 Birch Street. Mr. Reinert seconded the motion. Motion carried unanimously. Resolution No. 77 - 88 can be found at the end of these minutes. PUBLIC HEARING - REZONE CERTAIN LANDS IN SECTION NO. 29 AND NO. 32 TO R - 1X. ORDINANCE NO. 15 - 88. FIRST READING Mrs Joyce Tuft, 6540 - 7th Avenue asked why the Montain property is not included. It was explained that it had been rezoned earlier this summer. Dan Snell, 600 - 62nd Street owns land east of the proposed rezone and asked if he would be affected by this rezone. It was explained he would not be affected. Harold Lehman, 509 Birch Street asked who originated the idea to rezone this land and what advantage is it to him. Mr. Miller explained that the Planning and Zoning Board has been considering this rezone for several months because the area has high ammenities for executive housing and there are already higher valued homes in the area. Mr. Miller also explained that since the area would be reserved for more expensive homes his property should be more valuable. Mr. Lehman asked what prompted the P & Z Board to think about this rezone. Mayor Benson explained that the City has PAGE 5 1 1 1 COUNCIL MEETING OCTOBER 10, 1988 been reviewing the entire City since December, 1986 and finalized their decision on a bus trip in January, 1988 to define and protect certain areas for executive housing. Mr. Lehman asked if the rezone would make a difference in the tax base. Mr. Hawkins said no. Mr. Al Ross asked how far south did the proposed rezone area extend. Mr. Miller explained it ended approximately a half mile south of 62nd Street. Mr. Bohjanen moved to close the public hearing at 8:32 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the first reading of Ordinance No. 15 - 88 amending Ordinance No. 2 of the Lino Lakes City Code. Mr. Reinert seconded the motion. Motion carried unanimously. This Ordinance can be found at the end of these minutes. PUBLIC HEARING - CONTINUATION OF PUBLIC HEARING OF ECONOMIC DEVELOPMENT PROPOSALS FOR REZONE OF CERTAIN LANDS TO COMMERCIAL AND INDUSTRIAL Mayor Benson opened the public hearing at 8:33 P.M. Mr. Miller explained the background on the first public hearing held on August 22, 1988. He noted that the Economic Development Committee and the Planning and Zoning Board have again reviewed the proposal and have made some changes. Mr. Miller used the overhead projector to point out the areas and review the concerns. East Side - It has been decided to not rezone the Houle property at this time. The Comprehensive Land Use Plan will be amended to reserve this property for future rezoning. There were no negative comments on this proposal. West Side - Mr. Miller explained that the intent was to emphasize the business activity near the freeway, the industrial areas and a little further away. Triangle Area Adjacent to Sunset Avenue and North of 35W - Originally this was recommended for industrial zoning. There was a lot of opposition and several concerns. Area Near the VFW Property to 77th Street - This area was reviewed. PAGE 6 015 016 COUNCIL MEETING OCTOBER 10, 1988 Triangle East of Caroles Estates. The ECD and the P & Z asked if there really was a good site for commercial development and discussed the concern regarding topography and accessibility. Area South of 35W and near Centennial School Property and St. Joseph Church - Many concerns were raised by the residents in this area. After the public hearing the City Council sent the entire matter back to the EDC and they reviewed the entire matter. This was done on September 21, 1988. Mr. Miller explained the recommendations for the September 21, 1988 EDC meeting: Area Next to Blaine and North of 35W - The ECD recommended that they are to remain residential. Area South of the Prison - The EDC asked that their original recommendation be approved with some recommendations regarding design so that traffic cannot go from the industrial area to the residential area on the west and the residential traffic cannot go into the industrial area on the east. They suggested a berm to protect the residential area. Area East of Caroles Estates - The EDC felt their original recommendation was proper. They also confirmed their original designation for the area near the VFW property to 77th Street. Area South of Freeway Near St. Joseph Church - The original recommendation was for industrial zoning. The EDC changed the recommendation to residential zoning. School Property - The original recommendation was for industrial and the EDC has proposed that it remain PSP with the idea that it could be rezoned in the future. Area Near Lake Drive, South of 35W - The original recommendation was to rezone this area from industrial to General Business. After the EDC completed their recommendations on September 21, 1988, the entire issue was submitted to the Planning and Zoning Board on October 5, 1988. They reviewed the input PAGE 7 1 1 1 ri COUNCIL MEETING OCTOBER 10, 1988 from the public hearing and the EDC recommendations and recommended two changes. Area Near VFW Property to 77th Street - The P & Z Board recommended that this area be rezoned Suburban Residential since most of the lots in the area are already two and one half acres or less in size. This would guarantee that there would not be additional subdiving in this area. This will also protect the dwellings in the area and they will remain conforming allowing them to add on to the dwelling or upgrade the dwelling and will not create problems when a landowner decides to sell his property. This recommendation will benefit the landowners and the City. Area East of Caroles Estates - The P & Z Board recommended that this area be zoned Rural. This also would allow the homes in the area to remain conforming but would allow very little subdividing and protect the area for possible future commercial use. Robert King, 198 Marvey Street expressed appreciation to the Council for deleting the area south of Marvey Street from the industrial plan. He said he was still opposed to the rezoning of the area south of the prison because the new proposal did not have contigency plans regarding building sizes and cul -de -sacs. He asked how can his area be guaranteed that the area would be kept clean. He would like the area residents to have a voice in how the industrial area is improved. Margaret Hammer, 900 Oak Lane noted that she has thirty acres and was concerned about the need for an Environmental Impact Statement if the area is to be developed for commercial use. Mayor Benson said the area can only be divided into ten acre sites and explained that the City would not be concerned about an Impact Statement until a proposal is made. Jeff Knutson, Attorney for Glenn Rehbein gave the Council a letter expressing opposition for changing the zoning in this area from Light Industrial to General Business. He noted that the only kinds of business' showing interest in the area need industrial zoning and noted that if the City is concerned about quality development, the industrial zoning allows more tools for control than does the General Business zoning. PAGE 8 COUNCIL MEETING OCTOBER 10, 1988 Ann Rouch, 140 Marvey Street asked what street would be cul- de- saced. Mr. Miller explained that any street going east to west. She expressed concern about 74th Street and said she was not thrilled about the rezone of the area south of the prison and hoped that the Council uses a lot of descretion when allowing develoment in the area. She suggested that a strip of land along the western border of the area south of the prison be developed for residential use and when people buy the housing they be told that the area to the east of them is zoned for industrial use. Tracey Douglas, 540 Lilac Street asked if her area is zoned Suburban Residential and her lot is less than two and one half acres will she be able to subdivide. Mr. Miller said no. David Cooper, Oak Lane said he owns fourteen acres and asked if he could subdivide if the area is zoned Rural. Mr. Miller said no. Mr. Reinert noted that rezoning the lands east of Caroles Estates to Rural is in a sense putting a moratorum on the area. He asked if this could also apply to the area south of the prison until someone comes in with a development proposal. Mr. Miller explained this property is located within the MUSA boundaries and the Rural zone would not be appropriate. Mr. Reinert asked what could be done in the area of placing a moratorum on the land. Mr. Hawkins said a moratorum could not be placed on the land indefinitely and the land cannot be zoned for no practical use. Mr. Reinert was concerned that the residents would not have a voice in future development because this Council could not guarantee what another Council would do. Mr. Bisel noted that the EDC is attempting to get lands set aside for attracting industry. They have looked at what is available and the concept is that where there is a major intersection, land is available. He noted that near 35E sewer and water is not available and the EDC is looking for something in the immediate future. Mr. Miller explained the Forrest Tagg property was proposed to be rezoned from Light Industrial to General Business to conform with the zoning already in this area. Carole Odenthal, 7748 Carole Drive asked if her letter was received. Mayor Benson said that it was and was made part of the record. 1 PAGE 9 1 1 COUNCIL MEETING OCTOBER 10, 1988 Charles Jones, 830 Oak Lane asked what the lot size requirements are for the area east of Caroles Estates. Mr. Miller explained two and one half acres. Mr. Jones said that his land is very swampy and could never be used for commercial purposes. He felt it should remain in the two and one half acre zone. Mr. Miller explained that the area could be developed for office oriented businesses and referred to an area near Anderson Lake Barb Phillips, 158 Marvey Street asked if sewer would be extended across the freeway within the next four years. Mr. Miller said yes. Mr. Stahlberg explained the area in which is it planned and where it would cross the freeway. Kevin Zimmerman, 840 Oak Lane asked if a small business could come in and make a proposal for the area east of Caroles Estates with the Rural Zone. Mr. Miller said no. Tom Peck,825 - 77th Street asked if the area is rezoned to Rural would it make a difference in the tax base. Mr. Miller said no. David Rouch, 140 Marvey Street suggested that the area south of the prison be developed by placing a row of large trees on the west border and then develop a residential strip as a buffer for the people that are there now. Mr. Bisel moved to close the public hearing at 9:22 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mayor Benson noted receipt of a letter from Frances Odenthal and from Glenn Rehbein Excavating. Mr. Bisel moved the recommendation of the P & Z Board on the area near 35E and County Road 14 to rezone the General Business and Rural areas to Light Industrial. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the concept of amending the Comprehensive Land Use Plan to show the Houle property as proposed Light Industrial as indicated on the map. Mr. Neal seconded the motion. Motion carried unanimously. Land East of Caroles Estates - Mr. Reinert moved to rezone this area to Rural as recommended by the P & Z Board. Mr. Bisel seconded the motion. Motion carried unanimously. 019 PAGE 10 02' COUNCIL MEETING OCTOBER 10, 1988 Area North of Lilac Street to 77th Street west of the VFW property - Mr. Reinert moved to rezone this area to Suburban Residential. Mr. Neal seconded the motion. Motion carried unanimously. Tracey Douglas thanked the Council for listening to their concerns and said the residents recognize that the area will become commercial but for the near future this plan fits both needs. Area South of Prison - Mr. Bohjanen noted the concern here is protecting the current residents. He noted that there is established precidence to make sure that a berm is constructed. Mr. Miller noted that the site planning process is established and the people will have a voice. Mr. Bisel moved to rezone this area Light Industrial. Mr. Neal seconded the motion. Motion carried unanimously. Ann Rouch asked if there is any assurance that there will be cul -de -saced streets. Mayor Benson said yes that is the intent of the City and it is a part of the P & Z recommendation. Mr. Reinert moved to affirm the position of the P & Z Board and EDC Committee relative to the thoroughfare to the west of the parcel just zoned Light Industrial. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. King asked if residents will be notified when development is planned. Mr. Miller said residents will be notified when a plat is considered. Mr. Bisel also suggested that a sign be posted on the property to be developed when the hearing is scheduled. Mr. Miller noted that the triangle parcel of land north of 35W and bordering on the west side of Sunset Drive will remain residential. West of Lake Drive and South of 35W - Mr. Miller noted that this is currently zoned Light Industrial and explained that the EDC and the P & Z Board had wanted the General Business district as close to the freeway as possible. He also noted that there is an objection to the proposed rezone. Mr. Reinert noted that since the Council has greater control over development in the Light Industrial zone this should be retained. There was no motion to rezone this area. PAGE 11 1 1 1 COUNCIL MEETING OCTOBER 10, 1988 Forrest Tagg Property - Mr. Reinert moved to leave this zoning on a portion of the property as Light Industrial. Mr. Neal seconded the motion. Motion carried unanimously. School Property, Elm Street - This is currently zoned PSP and it was decided to leave this as is until a proposal is received. Mr. Schumacher noted that the District No. 12 has indicated that they may swap sites for another area. He noted that the school is not going to do anything for about three years. Mr. Reinert moved that the PSP property be reserved in the Comprehensive Land Use Plan for future Light Industrial use. Mr. Neal seconded the motion. Motion carried unanimously. Land Near Lake Drive and Hodgson Road owned by George Reiling - Mr. Miller explained that the EDC has recommended that this property be rezoned to General Business. Mr. Bohjanen moved to approve this recommendation. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to continue the meeting until all business was completed. Mr. Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG 2nd Avenue Update - Mr. Stahlberg said that he is looking at building 2nd Avenue at its present site and placing the sewer and water utilities at a different location. He noted he has nothing further tonight for the Council but will have material for the next Council agenda. Final costs will be available at that time. Mr. Bisel told Mr. Stahlberg that he was not happy with the 2nd Avenue project and said he would consider an outside engineering firm to look at the entire project. He suggested that he would like a recommendation from another point of view. There was discussion regarding this request and the additional delay that this would cause. Mr. Stahlberg explained that the poor soil conditions were not found until after the feasibility report had been prepared and TKDA has spent a lot of time looking at alternative routes. Mr. Reinert felt that public relations have been botched on this matter. He said that if the street is rerouted as proposed, there will be a lot of damages and suggested that maybe the `cost of the damages could equal the cost of keeping 2nd Avenue in its present location'. Mr. PAGE 12 X22 COUNCIL MEETING OCTOBER 10, 1988 Stahlberg noted that he has asked Twin City Testing to prepare cost estimates for rebuilding 2nd Avenue at its present location. Mr. Bisel asked Mr. Stahlberg why he is afraid to contact the CORP, and the DNR. Mr. Stahlberg said that he has both of them here to discuss the project. Mayor Benson said the Council may be passing the buck. The Council has directed TKDA to look at various alternatives but felt the Council should not have to ask for them. Mayor Benson said that he is looking at rebuilding 2nd Avenue at its present location. Mr. Stahlberg explained a possible route for sewer and water up Sunrise Drive to Gladstone and then over to 2nd Avenue. This would keep the utilities out of the wetlands. Mr. Bisel asked for costs of taking the utilities as Mr. Stahlberg has just suggested and the cost for taking utilities up 2nd Avenue. Mr. Bisel told Mr. Stahlberg that he has done some nice work but felt there was something wrong with this project. Comprehensive Sewer Plan Update - Mr. Stahlberg referred to a map posted in the Council Chamber and outlined the need for the update. He outlined the various areas of the City that have growth and how the present utility is reaching capacity. He told the Council he would have the amendment for the next Council meeting. A lady in the audience who lives on Carole Drive asked if there is a specific time when Lino Lakes will have sewer. She indicated that she has been waiting for sewer and referred to a time when areas of Roseville were forced by the PCA to install sanitary sewer in some residential areas. She asked if sewer is not brought in soon, what is going to happen to the drinking water? Mayor Benson told her that in areas that are developed the City would not bring in sewer unless a petition for the utility is received by the Council. At this time it looks like it will be after the year 2000 before sewer is available to her. Consideration of Amending Resolution No. 31 - 88, Sewer User Fees - Upon Mr. Stahlbergs request, Mr. Bohjanen moved to table this item. Mr. Bisel seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS PAGE 13 1 1 1 COUNCIL MEETING OCTOBER 10, 1988 Consideration of Ordinance No. 17 - 88 Regulating Lawful Gambling Within the City of Lino Lakes, First Reading - Mr. Hawkins reviewed the proposed ordinance. Mayor Benson said that he has had Mr. Mattson review the ordinance. He will get back to him if there is something that should be changed. Mr. Bohjanen questioned the need for a 3% tax and asked if this was a larger percentage than what was needed. Mr. Hawkins explained that if it is more than needed some will have to be returned. Mr. Hawkins also noted that if problems do come up after the ordinance is adopted it can be amended. Mr. Bohjanen noted that lawful gambling requires paper work upon paper work. Mr. Neal explained that the Lions Club has hired a CPA to do all of the paper work. Mr. Bisel moved to approve the first reading of Ordinance No. 17 - 88 Regulating Lawful Gambling within the City of Lino Lakes. Mr. Neal seconded the motion. Motion carried with Mr. Bohjanen abstaining. PUBLIC HEARING, TAX INCREMENT FINANCING PLAN Mr. Reinert moved to continue this hearing until November 14, 1988. Mr. Bohjanen seconded the motion. Motion carried unanimously. OLD BUSINESS Traffic Control on Main Street, School District Request Mr. Schumacher explained that a letter has been received from the Forest Lake School District requesting support from the City in getting flashing amber lights in the school area when children are present. Mr. Reinert moved to send a letter to support of the school district's request to Anoka County. Mr. Bohjanen seconded the motion. Mayor Benson asked that copies of the letter be sent to the County Commissioner and other state representatives. Voting on the motion, motion carried unanimously. St. Paul Water Department Easement Acquisition - Mr. Schumacher explained that he has received a letter from the St. Paul Water Department regarding an easement in the area of Ward Lake. The easement appears to be twenty feet by two hundred feet and the St. Paul Water Department has offered to sell it to the City for $500.00. Mr. Stahlberg suggested that the City offer $1.00 for the easement. PAGE 14 023 024 COUNCIL MEETING OCTOBER 10, 1988 Mr. Bisel moved to ask St. Paul Water Department to consider giving the easement to the City for $1.00. Mr. Bohjanen seconded the motion. Motion carried unanimously. Setting a Date to Meet with City of Centerville / Firehall - The City of Centerville has suggested two dates for the meeting and it was determined that Lino Lakes would not have a quorum for either date. Mr. Schumacher was requested to asked Centerville to some alternative dates. Joint Meeting - Council, Committees, Boards for General Discussion of Upcoming Issues - Mr. Schumacher suggested that some of the issues to be discussed would be progress of the survey, firehall and the police department. Mayor Benson asked Mr. Schumacher to notify all boards and committees that the date of December 3, 1988 at 8:30 A.M. has been set for this purpose. Mayor Benson asked that Celebrate Minnesota 1990 be placed on this agenda. Ways and Means Committee Meeting - Mayor Benson noted that this committee would continue its agenda at 6:00 P.M., October 24, 1988. Mayor Benson noted a letter received from Darrell and Jane Davidson and asked that a letter be sent to them clarifying questions brought up at the 2nd Avenue public hearing. Charter Appointments - The District Judge has made two appointments to the Charter Commission. Mrs. Anderson will contact them and swear them in. Rice Creek Watershed District. Ditch #22 - Mayor Benson referred to the RCWD minutes regarding this item and noted that reimbursement on this matter has been tabled. Mr. Stahlberg explained that he will be supplying additional information to RCWD on this matter. NEW BUSINESS, Legal Review of Centennial Fire District Joint Powers Agreement - Mr. Bisel explained that he 'is concerned since Mr. Hawkins represents both Lino Lakes and Centerville and asked that an independent review be made of the Agreement from a Lino Lakes point of view. Mr. Hawkins noted that if a dispute arises on this matter, he would not represent either City. Mr. Bisel said it is getting to a point that this City is going to decide how much money to put into the District. Mr. Bisel moved to ask Mr. Cody to review the PAGE 15 1 COUNCIL MEETING OCTOBER 10, 1988 Joint Powers Agreement. Mr. Neal seconded the motion. Mr. Reinert asked that Mr. Cody address such questions as what is Lino Lakes obligation, how can Lino Lakes get out of it, and what happens if we do not come an agreement with Centerville on the fire station matter. Voting on the motion, motion carried unanimously. Tax Forfeit Lots, Lakes Addition No. 3 - As the Council requested, advertisements were placed for the sale of two lots in Lakes Addition No. 3. Only one bid was received from Regency Homes. Mrs. Anderson explained that she has not received confirmation from the County on the cost of the lots and recommended that the Council approve the bids contigent upon the cost of the lot being less than the bid. Mr. Bisel moved to accept the Regency Home Bid of $16,000 per lot contigent upon Mrs. Anderson receiving confirmation that the lots can be purchased by the City from Anoka County for less than $16,000.00 or the bidder having the option to increase his bid to $17,000.00 if his current bid does not cover costs. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to adjourn at 11:20 P.M. Mr. Neal seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on October 24th 1988. 1 _ s►1� A• ie) Clerk- reasurer 025 PAGE 16 026 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 03 - 88 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES BY AMENDING MOTOR VEHICLE PARKING IN RESIDENTIAL AREA. I. The City Council of the ,City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended as follows: AMENDMENT: Appendix B, Section 8, Subdivision (5) Motor Vehicle Parking In Residential Areas. A. No motor vehicle exceeding a gross weight of 11,075 pounds shall be parked or stored in a residential district except when loading, unloading, or rendering a service unless a permit that complies with the following requirements is obtained from the Building Inspector. 1. The unit shall not be parked for more than 72 hours within a seven (7) day period excluding legal holidays. 2. The unit shall be parked behind the front of the dwelling. 3. No more than one permit shall be granted per residence. 4. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked. 5. There shall be a minimum of 150 feet from the unit to the nearest lot line. The unit shall remain connected. 1 1 7. All parking permits shall be re- viewed and renewed on July 1 of each year at a fee of $20.00 annually. 8. At the time the lot or parcel of property becomes non- conforming the permit will be cancelled. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as,previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed this a__day of City Council. 1988 by the Marilyn Anderson, Clerk- Treasurer Lino Lakes enjam Benson, Mayor 27 028 CITY OF LINO LAKES RESOLUTION NO. 77 - 88 RESOLUTION ADOPTING ASSESSMENT FOR THE INSTALLATION OF MUNICIPAL WATER AT 461 BIRCH STREET, LINO LAKES, MINNESOTA WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the installation of municipal water at 461 Birch Street, Lino Lakes, Minnesota, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the pro- posed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual in- stallments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1989 and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of this assess- ment resolution. To the first installment shall be added interest on the entire assessment from the . date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest..accrued to the date of payment, to the City Treasurer, .except that no interest shall be charged if the entire assessment is paid with- in thirty (30) days from the adoption of this resolut- ion; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such pay- ment must be made before October 15, or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such 1 1 assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 10th day of October 1988. Nar-iN1yn G. Anderson Clerk- Treasurer enson, Mayor