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HomeMy WebLinkAbout07/25/1988 Council Minutes1 18' COUNCIL MEETING JULY 25, 1988 The regular meeting of the Lino Lakes City Council was called to order by Council Member Bohjanen at 7:07 P.M. Council Members present: Neal, Bisel. Mr. Reinert arrived at 8:10 P.M. Mayor Benson was absent. Acting City Attorney, John Burke; Engineer, Ron Stahlberg; Planner, John Miller; Public Works Director, Don Volk; Police Chief, Dean Campbell; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, June 27, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. Reo'ular Session, June 271 1988 - Mr. Neal asked that his vote at the bottom of page three include the following, "yes; with the stipulation that the police department do the inspections ". In addition, on page 25, Mr. Bisel's motion should include the following: "contigent upon the Chomonix Golf Club and Lee's of Lino Lakes providing a certificate of insurance ". Mr. Neal moved to approve these minutes with the corrections as noted. Mr. Bisel seconded the motion. Motion carried unanimously. Reconvened Session, June 27, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS June 30, 1988 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Neal seconded the motion. Mr. Neal questioned the payment to Lee Mehrkens in the Consultants and Dedicated Parks Departments. Mr. Schumacher explained that the Council had authorized the payment of the survey from these two departments for a total cost of $1,975.00. Voting on the motion, motion carried unanimously. July 11, 1988 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Neal seconded the motion. Motion carried unanimously. PAGE 1 1 1 1 COUNCIL MEETING JULY 25, 1988 July 25, 1988 - Mr. Neal questioned the payment to A T & T. Mr. Schumacher explained that these are long distance telephone calls. Mr. Bisel moved to approve these Disbursements as presented. Mr. Neal seconded the motion. Motion carried unanimously. OPEN MIKE Anita Fenno, 7172 Rice Lake Drive - Mrs. Fenno told the Council she was concerned regarding a planned development to the west of her property called Sunrise Meadows. She asked when this plan was started and how it would affect the lots bordering the development. She was concerned that she and her current neighbors will have assessments and will not get utility services. She has heard that some of her neighbors are being forced to sell some of their property and they do not want to sell. Mr. Schumacher explained that the City Engineer and the City Planner have had meetings with all property owners affected by this new subdivision. The developer has also talked with the property owners. Mrs. Fenno explained that she felt her neighbors should not be forced to sell any of their property. Mr. Stahlberg explained that he personally met with all the property owners and none were told to subdivide their lots. Mrs. Fenno was concerned that the City would be forcing sewer and water extensions down the front of her property. She also explained that people were attracted to Lino Lakes because of the larger lots. Mr. Bisel explained that the Council was very concerned about people and it is not the intention of the Council to force people off of their property. AUTHORIZATION OF TAX INCREMENT FINANCING PLAN Mr. Schumacher explained that Mr. Miller has been working with Springsted looking at economic development to offset residential taxes in this City. He explained that there are few tools left to cities to promote commercial and industrial development and one that is left is tax increment financing (TIF). Mr. Miller explained that the Economic Development Committee is looking at establishing a Development District and a TIF District within the Development District. The proposed areas are the northwest quadrant of Lake Drive and Main Street, the Ross' Liquor Store property, and the V F W and Luther's Marine property. Mr. Miller explained that there is the possibility that other properties will be added. No definite boundaries have as yet been set. He expects to PAGE 2 F.`, 1 9 120 COUNCIL MEETING JULY 25, 1988 meet with other consultants and individuals who are going to build and get some commitments from them. This proposal is being rushed because it is expected that Ross's Corner will be coming in requesting a building permit. Plan approval is required before a permit can be issued. TAX INCREMENT FINANCING PLAN - SET PUBLIC HEARING FOR AUGUST 22, 1988, 8:30 P.M. - RESOLUTION NO. 55 - 88 Mr. Miller explained that Resolution No. 55 - 88 authorizes the bond attorney to complete the TIF plan and sets the date for the public hearing. Mr. Bisel asked that the bond attorney have more information for the Council prior to the _ public hearing. Mr. Miller explained that the process will start with completing the plan, conducting the public hearing, securing letters of intent from the builders and ask for surety to cover costs. Bonds will then be sold, property acquired and other requirements of the plan implemented. He noted that there are two builders who intend to start construction in 1989 and Mr. Ross expects to begin construction in 1988. Mr. Bohjanen asked that the northeast quadrant of Lake Drive and Main Street be included in the plan. Mr. Bisel moved the adoption of Resolution No. 55 - 88. Mr. Neal seconded the motion. Mrs. Anderson read the resolution. Resolution carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 55 - 88 WHEREAS, the City Council wishes to establish a Development District pursuant to Minnesota Statutes, Sections 469.124 through 469.134 and to establish a Tax In- crement Financing District within the Development District pursuant to Minnesota Statutes, Sections 469.174 through 469.179 for the purpose of encour- aging development within a portion of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota as follows: 1. LaFevere, Lafler, Kennedy, O'Brien & Drawz, P. A. is hereby authorized and directed to prepare a Develop- ment Progran (Program) and a Tax Increment Financing Plan (Plan) and to file a copy thereof with the City Administrator. PAGE 3 1 1 1 COUNCIL MEETING JULY 25, 1988 2. The City Administrator is authorized and directed to prepare a notice for publication in the official news- paper setting a public hearing on the Program and Plan before the City Council on the 22nd day of August, 1988, at 8:30 P.M. in the council chambers. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to such public hearing. 3. The City Administrator is hereby authorized and directed to submit a copy of the Program and Plan to the county and school district for comment and to notify the same of the time and place of the hearing to be held before the City Council on the Plan. 4. The City Administrator and consultants are authorized and directed to take all other actions necessary to bring the Program and Plan before the City Council at the time of the public hearing. Adopted by the Lino Lakes City Council the twenty fifth day of July, 1988. -h-( Marilyn` rj Benja . Anderson, Clerk- Treasurer enson, Mayor PUBLIC HEARING - RICE LAKE ESTATES, ORDINANCE NO. 09 - 88, FIRST READING Councilman Bohjanen called the public hearing to order at 7:35 P.M. Mr. Miller explained that this request is to rezone the Rice Lake Estates subdivision from R -7 to PUD so that builders may build stick built homes as well as manufactured homes in the subdivision. Mr. Miller has prepared a memorandum outlining possible requirements for the PUD. He noted that these have been discussed by the Council and the Council does have the option of deleting those requirements they feel are not necessary. Mr. George Hanratty, 190 Egret Lane - Mr. Hanratty did not object to the rezone but was concerned that the Council would not allow satellite dishes and antennas. He noted PAGE 4 1(21 122 COUNCIL MEETING JULY 25, 1988 that cable T V is not available to this subdivision and the residents would like to be able to get other programming. Jon Tenneson, 126 Egret Lane - Mr. Tenneson asked what type of antennas are not allowed, ham radio, T V? He felt this was the least of the concerns on this matter. He said he was concerned with the park situation and the asked how this subdivision was being supplied with municipal water. Mr. Stahlberg explained how water was being supplied. Mr. Schumacher explained that at the last Park Board meeting the Board considered a plan that would include a double tennis court and a small tot lot adjacent to the tennis court. The location of this facility would be at the north end of Park I and Lot 1, Block 2 would be the parking area. A gentleman asked who owned the property adjacent to Hodgson Road and north of Blue Heron Drive. It was explained that this property is owned by Mr. Gearman and zoned General Business. A gentleman asked about a boulevard tree. He explained that every resident was promised a tree of a specific diameter. It was explained that this was not part of the development plan but could be part of the private covenants. A gentleman explained that the lot next to his has a very large dirt pile and felt that, something should be done about it. Curtis Maw, 6668 Blue Heron Drive - Mr. Maw listed two concerns; 1) did not want satellites and antennas banned; 2) concerned about the commercial lot and what would be built on it. He said he would like to see the entire area including the General Business lot rezoned. Mr. Miller explained that when Outlot A is developed the builder would have to appear before the Planning and Zoning Board and the Council and the area residents would have an opportunity to speak to what is proposed. 1 It was explained that there is a problem with the park plan as recommended by the Park Board. Within the last few days Mr. Stahlberg has established the entire area proposed for park development is below the 100 year flood elevation. Also if this area is to be developed a revised RCWD permit would be required. Mr. Miller noted that other areas were looked at for park development but it would require the purchase of property. If the Council wishes to establish a PAGE 5 123 1 COUNCIL MEETING JULY 25, 1988 park outside of the subdivision, the Council could require the developer to pay for the purchase. Mr. Schumacher explained that the area selected by the Park Board can be developed but it will require some negotiating with the DNR and RCWD. Mr. Maw asked if the park could be located on Outlot A. Mr. Stahlberg said that Outlot A is above the 100 year flood elevation. Mr. Bisel moved to close the public hearing at 8:07 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Since the consideration of a rezone requires a four fifths vote of the Council and there were only three members present, Mr. Bisel moved to move this item to #15C on the agenda. Mr. Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING, VACATION OF STREETS AND EASEMENTS IN SUNRISE MEADOWS, RESOLUTION NO. 51 - 88 Councilmember Bohjanen opened the public hearing at 8:08 P.M. The purpose of the public hearing was to hear comments regarding the vacation of most of the streets and all of the utility easements in Ulmer's Rice Lake Third Addition so that Sunrise Meadows can be platted and recorded. There was no input from the audience. Mr. Bisel moved to close the public hearing at 8:10 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Reinert arrived at 8:10 P.M. and assumed the position of Acting Mayor. Mr. Bisel moved to approve Resolution No. 51 - 88. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 51 - 88 RESOLUTION VACATING MOST OF THE ROADS AND ALL OTHER EASEMENTS IN ULMER'S RICE LAKE THIRD ADDITION AS OUTLINED AT ATTACHED MAP WHEREAS, North Suburban Development, Inc. developer of Sun- rise Meadows (replatted from Ulmer's Rice Lake PAGE 6 124 COUNCIL MEETING JULY 25, 1988 Third Addition) has requested that most of the roads and all of the other easements be vacated as shown on the attached map, and WHEREAS, This request has been reviewed by the City Eng- ineer and the Public Works Director and no adverse future problems were noted, and WHEREAS, A public hearing was held on July 25, 1988 before the City Council in the city hall after due publ- lished and posted notice had been given by the Clerk on June 28th, July 5th and July 11, 1988 and all persons interested were given an opportunity to be heard; and WHEREAS, It appears that it will be for the best interest of the City to vacate such portions of road and all of the easements, and WHEREAS, four fifths of all the members of the Council concur in this resolution NOW THEREFORE, BE IT RESOLVED, that a portion of the roads and all other easements shown on the attached map is hereby vacated. Adopted by the Council of the City of day of July, 1988. Lino Lakes this 25th en min ■. :enso,, Mayor Marilyn G. Anderson, Clerk- Treasurer PUBLIC HEARING, REZONE, RONALD BIRCH, ORDINANCE NO. 12 - 88, FIRST READING Acting Mayor Reinert opened the public hearing at 8:15 P.M. Mr. Miller explained that the purpose of this public hearing is to take testimony regarding Mr. Birch's request to rezone his property on 20th Avenue near Ash Street from Rural to SR -X. Mr. Birch plans to subdivide the property into about seven parcels and build homes in the range of $200,000 on PAGE 7 1 1 COUNCIL MEETING JULY 25, 1988 each lot. Mr. Miller noted that he has contacted Metro Council on this matter and they have indicated that they will approve a Comprehensive Plan Amendment for this particular area since Mr. Birch had requested this zoning during the time the Task Force was meeting and this zoning was included in the plan submitted to the City Council. Mr. Art Hawkins, 6102 Centerville Road asked if this request is accepted, how will it affect adjacent property. He reminded the Council that about a year ago he requested a variance for a 2.4 acre subdivision and this request was denied. He felt this new proposal was unfair to him. Mr. Bisel explained that if the Council approves this request, adjacent landowners will be requesting the same consideration. This would be setting a precidence. Mr. Birch eplained that he has attended all of the meetings for about two years. He noted that Metro Council was will- ing to go along with having the entire area zoned to 2 1/2 acres lots. He also noted that at the Council hearing the zoning was changed to SR -X. Acting Mayor Reinert said he was curious as to why Metro Council changed its mind to allow 2 1/2 acre subdivisions. Mr. Miller said that they looked at what has happened to Mr. Birch and feel that he fell through the cracks. Metro Council will hang tough on the ten acre requirement but will approve Mr. Birch's request. Currently the land is used as a dump and if the area can be divided into the smaller lots it will be easier to maintain and because of the executive type housing the tax base will be increased. In addition this will establish a character on the west side of the freeway. Mr. Bisel felt this would be unfair to Mr. Hawkins. Mrs. Birch explained that she had also attended the meetings and when the plan was presented to the Council that area was proposed to be 2 1/2 acre lots. She noted that at one Council meeting this was changed and the Councilman who submitted the motion explained that he felt the area should be commercial. She noted that this is the gateway to Lino Lakes and it is a dump. There is nothing that can be done to protect the land if it remains in ten acre parcels. Acting Mayor Reinert expressed concern regarding lack of continuity in terms of positions taken after the Land Use Plan "is in place. He felt both Mr. Hawkins and Mr. Birch PAGE 8 125 COUNCIL MEETING JULY 25, 1988 have real concerns but felt the Council should be consistant. Mr. Birch told the Council that he has built three homes in Lino Lakes on Otter Lake and he consistantly gets low appraisals on the properties. He said the Council needs to establish uniform communities. People want to be assured that when they purchase executive type homes in a particular area, all new homes will be of equal or greater value. Mr. Bisel moved to close the public hearing at 8:40 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to deny the request of Ron Birch for a land subdivision and deny the first reading of Ordinance No. 12 - 88. Mr. Bohjanen seconded the motion. Mrs. Birch asked to have a copy of the report of the Task Force. Acting Mayor Reinert asked that the proceedings of the hearings be sent to Mrs. Birch. Voting on the motion, motion carried unanimously. Mrs. Birch asked if it was normal to send notices to landowners who are being affected by a rezone. Acting Mayor Reinert explained the procedure when considerable amounts of land are proposed for rezone. PUBLIC HEARING - ASSESSMENT HEARING, MAIN STREET IMPROVEMENT, RESOLUTION NO. 52 - 88 Acting Mayor Reinert called the public hearing to order at 8:10 P.M. Mr. Stahlberg handed out blue brochures that outline the procedure for this hearing. He explained that this project was initiated by Anoka County and was started about two years ago. The construction is complete and costs for the entire improvement are in excess of $1,350,000.00. The total that has been assessed to Lino Lakes is $66,798.81 and the City has already remitted this amount to Anoka County. At the time this project began the City did not have an assessment policy. A policy has since been approved. Mr. Stahlberg explained that he has calculated each individual assessment by taking the total frontage of the improvement and dividing this figure into the cost. This then determined the cost per foot. He then multiplied the front footage of each property by the cost per foot. Every landowner is assessed the same cost even though some areas were not improved with curb and gutter. PAGE 9 1 1 1 1 COUNCIL MEETING JULY 25, 1988 John Palumbo, 672 Main Street said that he has previously asked Mayor Benson how assessments would be determined. He said Mayor Benson told him he would not be assessed if his property value was not increased. He feels that since there is no curb and gutter on his property, his property has not increased in value. He also said he did not feel the residents along Main Street should bear the total cost of the improvement. Patrick Joyce, 409 Main Street said the curbing does not come within a quarter of a mile of his property. He felt the cost should be split over the entire City. He felt the assessment was unfair. James Clemens who owns vacant property in the 1000 block of Main Street said he felt the assessment was unfair. He did not get curb and gutter but did get an erosion problem. He said he felt the assessment should be paid by the City or the County. Mike Stanton, 1157 Main Street told the Council that he purchased the property during the construction. He asked what was the basis for the assessment. He said curb and gutter does not go across the entire front of his property and now he also has an erosion problem and a misquito breeding area on his property. He explained that last spring he had a swamp in his front yard. Jerry Winiecki, 442 Main Street said he feels he is being assessed for providing a street for people to use to come to city hall. He asked if the street deteriorated, would he be assessed for it again. Mr. Schumacher noted that there is an obvious concern about the amount of the assessment. He explained that if a new road is built in a residential area the cost would be $40.00 to $45.00 per front foot. The cost being assessed in this case is $3.14 a front foot. The homeowners are not being asked to pay for the entire improvement. Another concern is that Main Street is being used by everyone and why isn't the cost being spread over the entire City. This cannot be done since the state statute requires that a property that is not improved cannot be assessed. Ben David, 450 Main Street noted that Anoka County offered residents payment for right -of -way. He said he should have been aware of the amount of the assessment before he negotiated with Anoka County. He felt he was ill advised on PAGE 10 127 COUNCIL MEETING JULY 25, 1988 how this was going to work. He said there was no discussion regarding assessments during the improvement hearing. Mr. Bisel explained his recollection of the discussion during the hearing. Mr. Neal said that he had spoken to several residents who thought that their assessment was deducted from the County settlement. Mr. Reinert said that it was impossible to let the residents know what the assessment would be because costs were not known at that time. Rich Matzke, 482 Main Street presented a petition signed by fifty six (56) residents in protest of the assessment. He said these residents feel that they were never notified that they would be assessed. He said that they should have been told so that they could have some input. He explained that he did not get curb and gutter and did not feel his property was improved by the project. He said what he now has is a race track in front of his home. Acting Mayor Reinert read a summary of events regarding the Main Street improvement. Mr. Matzke said the assessment was news to him. He should have had advance notice. Mrs. Anderson explained the notices that were sent and the notice did include the statement that the property owners would be assessed. Patrick Joyce said he did get notified and did go to the meeting. However, Mayor Benson told him that if his property was not improved, he would not be assessed. He also said he called city hall and asked what the amount of the assessment would be and was told that the amount was not known. Mr. Bisel explained that even though the City knew approximately what the total cost would be, an assessment policy had not been established. This policy is now in place. Jerry Hanson, 1174 Main Street said that the residents did not have an input on specifications as far as curb and gutter were concerned. He recalled that the County had originally specified asphalt curb and gutter and the County would have paid the entire amount. However, the Council decided that concrete curb and gutter should be installed and now the residents have to pay for it. Mr. Stahlberg said that TKDA did review the plans and specifications and did make some recommendations. Mr. Hanson said that the first notice of the improvement listed an approximate cost of $45,000.00 and then it went up to.$60,000.00. He said things escalated. He recalled that during the improvement PAGE 11 1 1 1 COUNCIL MEETING JULY 25, 1988 hearing the Council did say they did not have a policy but also said the City could pay part or all of the assessment. Mr. Hanson asked if this improvement is being conducted according to Charter requirements. He noted that the residents could have petitioned against the project. He asked if landowners could file a petition against the assessments. Mr. Burke said the purpose of the hearing is to hear input from the affected residents. He explained that the assessment roll has been implied but not yet set. He asked if the property has been improved in market value equal or greater than the assessment? The Council has to weigh this question. If the assessment is protested an appraisal by a real estate appraiser will be made. If the assessment is adopted the landowners have two options; pay the assessment, object to the assessment and go to court. Mr. Hanson asked if the City and the school district were paying their share of the costs. Mrs. Anderson explained that both entities were assessed. Floyd Linnell, 458 Main Street asked why he should be paying for something he did not get. He asked who paid for the curb and gutter when the County widened Lake Drive from Main Street to Luther's Marine. Acting Mayor Reinert explained that the County paid the entire improvement because it dealt with water management. Mary Schleicher, 610 Main Street asked why people living on Bluebill Lane and Aenon Place were not asked to help pay the costs. These residents cannot get anywhere without using Main Street. It was explained that the improvement did not directly improve their property and the City cannot legally assess them. Mrs. Schleicher said that they were using Main Street just as much as the persons living on Main Street. Earl Olson, 1210 Main Street asked why the assessment is the same for everyone even though some did not get curb and gutter. He asked if later curb and gutter is installed, will these residents have to pay for it again? Mr. Stahlberg explained that the assessment was spread on an equal basis, the same as it was done for the 4th Avenue improvement. Patrick Joyce asked why should he pay for curb and gutter when he did not get any on his property. The assessment is on the curb and gutter, not the road itself. Mr. Stahlberg explained that the assessment is on the curb, gutter and PAGE 12 130 COUNCIL MEETING JULY 25, 1988 storm water drainage. Mr. Joyce said that all he has now is a deeper ditch that does not drain. He did not see any improvement. Tom Caron, 1325 Main Street said he does not have any improvement on his property. He noted that when it rains he has a lake and the driveway is worse than it was before the improvement. Kent Carpenter,. 1217 Main Street explained that the trenching machine wrecked his driveway and cut his drainfield. The County is aware of this and said if the County can ignore his problem then he can ignore the assessment. Cathy Clemons, 1000 block of Main Street asked if there can be a variance for those who did not get curb and gutter. Mr. Bohjanen explained that the improvement consisted of storm water drainage as well as curb and gutter. He asked if it would have been better to ask the County to put curb and gutter in the entire. improvement? Mr. Bisel noted that storm water drainage is also an improvement Mr. Matzke asked if a property located directly behind him would be assessed. Acting Mayor Reinert said no if the property is not directly benefited. Mr. Winiecki asked if the ditch cleaning near his property was part of the improvement. It was explained that it was not part of the assessment, only the ditch along Main Street was included. Patrick Joyce felt this is an important issue and a lot of questions have not been answered. He said a lot of sliding is going by. Acting Mayor Reinert said that the Council cannot deviate from the policy, they cannot deal with one issue one way and another issue another way. Mr. Joyce said the residents do not have any choice, all they can do is bitch. Mary Palumbo, 672 Main Street explained that the issue is the improvement to the City not to the residents. She said that all she received was a bigger ditch that does not flow. In addition it is not just the adjoining landowners who are enhanced. Acting Mayor Reinert said that this is true and that is why Anoka County paid 95% of.the improvement. PAGE 13 1 COUNCIL MEETING JULY 25, 1988 Mr. Bisel moved to close the public hearing at 10:03 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Burke told the residents the legal requirements are that the objection to the assessment must be in writing. He noted that if they object to their assessment they should seek legal advice. Mr. Bisel moved to continue the meeting until all business is completed. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel explained that the hard part of this job is to be _ square and honest with all of the citizens. He said he never again will go through another improvement project without a policy. He said that he wished there was a better way to handle this matter. Mr. Bisel moved to accept Resolution No. 52 - 88. Mr. Bohjanen seconded the motion. Motion carried with Mr. Neal voting no. CITY OF LINO LAKES RESOLUTION NO. 52 - 88 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF MAIN STREET BEGINNING AT 4TH AVENUE AND TERMINATING AT 35W 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 improvement of Main Street starting at 4th Avenue and terminating at 35W. 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 five years, PAGE 14 13 132:__ COUNCIL MEETING JULY 25, 1988 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 assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 25th -Y)� - -. Mari yn . Anderson, Clerk- Treasurer of July, Air Benja on, Mayor PUBLIC HEARING, REZONE, JAMES LOUGHREY, ORDINANCE NO. 13 - 88, FIRST READING Mr. Miller explained that Mr. Loughrey originally applied for a rezone of his property at 7781 Lake Drive so that he could operate a light manufacturing and assembly business. PAGE 15 1 COUNCIL MEETING JULY 25, 1988 The Planning and Zoning Board had discussed the matter and has recommended that Mr. Loughrey apply for a Conditional Use Permit for this useage and not a rezone. After discussing the intention of the Planning and Zoning Board, it was decided to return this item to the Board for clarification. John Verone, 7782 Lake Drive said he would object to this request if it meant that heavy industrial use were planned for the building. Mr. Loughrey explained it was light assembly work. Mr. Bisel moved to close the public hearing at 10:27 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING - SUNRISE MEADOWS IMPROVEMENT, RESOLUTION NO. 49 88 Acting Mayor Reinert called the public hearing to order at 10:28 P.M. Mr. Stahlberg explained that the improvement costs are estimated to be approximately $1,285,177.00. He showed layouts of the sewer, water and street systems on the overhead projector. He noted that sanitary sewer and water will come up 2nd Avenue from Lake Drive and will eventually be extended north to Elm Street then north to 35W at 4th Avenue to the Correctional Facility. He noted that it is planned to have services to the Correctional Facility by next year. Richard Fenno, 7172 Rice Lake Drive said that Mayor Benson had told him that if he did not benefit he would not be assessed. He asked if the utility lines come up 2nd Avenue to Elm Street and the lines come across the corner of his lot, will he be assessed? Mr. Stahlberg said when he connects to the utilities he will be assessed. Mr. Fenno said he would be assessed sooner or later. Mr. Stahlberg explained that the extension of utilities to Elm Street was not a part of this public hearing. This concerns the Sunrise Meadows subdivision only. He did tell Mr. Fenno that when he does connect to the facilities he will benefit and be assessed. Mr. Fenno said that when the utilities are put in for Mr. Menkveld, there will be lots fronting on Rice Lake Drive who will have service along the back of the lots. If these people divide their lots and their current septics do not work, where do they get service? Mr. Stahlberg said these PAGE 16 133 COUNCIL MEETING JULY 25, 1988 are questions that will be addressed at the next hearing for the improvement of 2nd Avenue. He told Mr. Fenno that he would receive notice of that meeting and preliminary assessment figures will be available then. Mr. Bisel moved to close the public hearing. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to adopt Resolution No. 49 - 88 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 49 - 88 RESOLUTION ORDERING PREPARATION OF PLANS FOR IMPROVEMENT OF SUNRISE MEADOWS WHEREAS, a resolution of the City Council adopted on the thirteenth day of June, 1988, fixed a date for a hearing on the following described improvement: Installation of municipal water, sanitary sewer, street, curbs, gutters and storm sewers on prop- erty described as follows: the Southeast 1/4 of the Northwest 1/2 of Section 19, Township 31, Range 22, Lino Lakes, Anoka County, Minnesota. AND WHEREAS, published and mailed notice of the hearing as required by the Lino Lakes Charter was given and a hearing was held thereon on the twenty fifth day of July, 1988 at which all persons desiring to be heard were given an opportunity to be heard there- on. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Mr. Ron Stahlberg of TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council of the City of Lino Lakes this 25th day of July, 1988. PAGE 17 1 1 1 COUNCIL MEETING JULY 25, 1988 l � Mari y G. Anderson, Clerk- Treasurer ink �Ben on, Mayor PLANNING AND ZONING REPORT - JOHN MILLER John McLean, Outlot A - Mr. McLean had left because of the late hour and this item was tabled until the August 8, 1988 agenda. Consideration of Offical Map for Section 31 of Lino Lakes - Mr. Miller explained that there has been considerable interest in a number of small parcels in this section of the City. Since these parcels are owned by several different landowners he felt that it was important for the City to look at the area now and prepare a preliminary street layout. He is asking the Council to direct the City Engineer to prepare a map of this section showing a preliminary street layout so that when a developer asks what improvements are planned for the area he will have something to show them. Mr. Bisel moved to direct the City Engineer to prepare a map of Section 31 and to put together the scope of the project with the costs. Mr. Bohjanen seconded the motion. Motion carried unanimously. Economic Development Recommendation to Rezone Certain Properties for Industrial and Commercial Development - Set Public Hearing for August 22, 1988, 7:30 P.M. - Mr. Bohjanen moved to set the public hearing as noted. Mr. Neal seconded the motion. Motion carried unanimously. Minor Subdivision, Paul Miller - Mr. Miller is requesting a metes and bounds subdivision approval to divide a portion of his land at 2209 Phelps Road so that he may sell it to Orfei Contracting. There had been a problem with obtaining the required frontage and Mr. Miller has agreed to give the easement across the entire parcel as well as to work with the Economic Development Committe, Planning and Zoning Board and the Council to complete long range plans for the entire Acton property. Mr. Bisel moved to approve the minor subdivision for Paul Miller contingent upon the Planning and Zoning Board recommendations and contigent upon Mr. Paul Miller's agreement to work with the City to complete long range plans for the entire area. Mr. Neal seconded the motion. Motion carried unanimously. PAGE 18 135 136 COUNCIL MEETING JULY 25, 1988 Site Plan Review and Conditional Use Permit Request for Orfei Contracting, Inc. - Set Public Hearing for August 22, 1988, 8:15 P.M. - Mr. Miller explained that the site plan had been reviewed by the P & Z Board and several recommendations had been made regarding berming, trees, decorative blocks for building construction and also a recommendation regarding the color of the building. Mr. Bisel moved to accept the site plan for P & Z application No. 88 -13 and 88 - 14 as presented and to stipulate that the concrete blocks be colored. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to set the public hearing as noted above. Mr. Bisel seconded the motion. Motion carried unanimously. Minor Subdivision - Arnold Thies, Variance for Substandard Lot - Mr. Miller explained that Mr. Thies is requesting a variance to subdivide a parcel of one and one half acres of land from his farm in the Rural District on 20th Avenue near the Rehbein's Peltier View subdivision. There are two dwellings on the property and one was used by a family member until recently. Now the Thies' are left with two dwellings and wish to sell one. Mr. Thies is willing to dedicate the necessary easements for street and utility purposes. Mr. Bisel moved to approve this subdivison and variance with the stipulation that a map of the easements be provided and made part of the record. Mr. Neal seconded the motion. Motion carried unanimously. Site Plan and Conditional Use Permit - V F W Post #6583 - Set Public Hearing for August 22, 1988, 8:00 P.M. - Mr. Bohjanen moved to set the public hearing for the CUP and the proposed rezone of a portion of the lands. Mr. Neal seconded the motion. Motion carried unanimously. Rezone of Land in Sections 29 and 32 from R -1 to RX - Set Public Hearing for August 22, 1988, 7:45 P.M. - Mr. Bohjanen moved to set the public hearing as noted above. Mr. Bisel seconded the motion. Motion carried unanimously. PARK BOARD REPORT - DON VOLK Erickson's Second Addition, Park Development - Mr. Volk showed the Council the layout of the proposed park for this development. The Park Board is requesting that when the utilities and streets are constructed for the second phase PAGE 19 1 1 COUNCIL MEETING JULY 25, 1988 of the development, the utilities, the curbing and parking area and the walking trails also be completed in the park. Mr. Bisel moved to direct the Public Works Director to prepare documents supporting the proposed park development. Mr. Neal seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG Consideration of Bids for Reshanau Lake Estates South, 2nd Addition, Resolution No. 50 - 88 - Mr. Bisel moved to approve this resolution awarding the bid to the low bidder Annandale Contracting for $161,200.53 for Reshanau Lake Estates South, 2nd Addition contigent upon receipt of the letter of credit and developers agreement being in place. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 50 - 88 RESOLUTION ACCEPTING BIDS FOR THE IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, 2ND ADDITION WHEREAS, pursuant to an advertisement for bids for the im- provement of Reshanau Lake Estates, South, 2nd Addition, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Annandale Contracting Orfei Contracting C. W. Houle, Inc. S. J. Louis construction Lessard -Nyren Utilities 0 & P Contracting $161,200.53 $165,867.62 $175,908.25 $181,296.60 $209,472.00 $210,533.99 AND WHEREAS, it appears that Annandale Contracting of Annandale, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Mayor and the Clerk are hereby authorized and directed to enter into the attached contract with Annandale Contracting, Annandale, Minnesota in the name of the City of Lino Lakes for the improvement of Reshanau Lake Estates South, 2nd Addition accord- PAGE 20 138 COUNCIL MEETING JULY 25, 1988 ing to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council of Lino Lakes this 25th day of July, 1988. Mari in Anderson, Clerk - Treasurer Consideration of Resolution #56 - 88 Approving Plans and Specifications and ordering Advertisment for Bids for the 1988 Seal Coat Program - Mr. Bisel moved to approve this resolution. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 56 - 88 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS FOR THE 1988 SEAL COAT PROGRAM WHEREAS, pursuant to the instructions of the City Council, the City Engineer has prepared plans and specif- ications for the Seal Coating of certain streets listed in the 1988 Seal Coat Program (a copy is attached hereto) and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. PAGE 21 1 COUNCIL MEETING JULY 25, 1988 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improve- ment under such plans and specifications. The advert- isement shall be published for two days, shall specify the work to be done, shall state that bids will be received and opened by the City Clerk until 10:00 A. M. on August 8, 1988, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 7:00 P.M., August 8, 1988 in the council chambers. Any bidder whose responsi- bility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be con- sidered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) per cent of the amount of such bid. Adopted by the Lino Lakes City Council this 25th day of July, 1988. 139 Marilyn VG. Anderson, Clerk- Treasurer Rice Lake Estates Rezone - Resolution No. 09 - 88 - Mr. Bisel updated Acting Mayor Reinert regarding what had occurred earlier in the Council meeting. Mr. Miller explained that there were three options regarding the park plan, 1) send the entire matter back to the Park Board; 2) require cash in lieu of park land and build a park off site; 3) accept park development in Park #1 as the Park Board had recommended. Mr. Gearman said he felt that if he put in the tennis courts as recommended by the Park Board the entire subdivision would be enhanced. He asked if dirt could be taken from one section of Park #1 and placed in the area where the tennis courts were to be built. Mr. Stahlberg explained that would require modification of his RCWD permit. PAGE 22 40 COUNCIL MEETING JULY 25, 1988 Mr. Bisel felt there was too much confusion on the issue of park dedication and asked that the matter be tabled until the issue was settled. Mr. Reinert asked if stick built homes were being built in the subdivision now. Mr. Gearman said no, but he is marketing the lots with the intention of building stick built homes. Mr. Miller explained to the Council that the PUD concept for this area is a sound idea and the best way out of the present situation. He noted that it was just learned within after the agenda was prepared that the proposed site for the_ tennis courts was below the 100 year flood plain elevation. He recommended that the Council table the matter until the Park Board can resolve the park dedication issue. Mr. Bisel moved to table the item. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF DISTRICT MEMORIAL HOSPITAL AMBULANCE SERVICE REQUEST TO FORGIVE RENT AND UTILITY PAYMENT This item was tabled until the August 8, 1988 agenda. SECOND QUARTER REPORT, BUILDING INSPECTIONS - PETE KLUEGEL Mr. Kluegel read his report to the Council. He told the Council that he has issued building permits for seventy two new homes and anticipates issuing at least 150 permits in 1988 for new homes. He noted that several commercial projects are nearing completion. He noted several other items that are currently being resolved by the building department in conjunction with the City Planner and Engineer. ANNUAL REVIEW OF CONDITIONAL USE PERMITS - PETE KLUEGEL This item was tabled until the August 8, 1988 agenda. CONSIDERATION OF FINAL PLAT OF SUNRISE MEADOWS Mr. Bisel moved to approve the final plat for Sunrise Meadows subject to the abstract being delivered and reviewed by Mr. Hawkins. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FINAL PLAT OF LAKES ADDITION NO. 8 PAGE 23 1 1 COUNCIL MEETING JULY 25, 1988 Mr. Bisel moved to approve the final plat for Lakes Addition No. 8 subject to the abstract being delivered and reviewed by Mr. Hawkins. Mr. Bohjanen seconded the motion. Motion carried unanimously. SECOND READING - ORDINANCE NO. 05 - 88, INCREASING SALARIES FOR THE MAYOR AND COUNCIL Mr. Bisel moved to approve the second reading of Ordinance No. 05 - 88. Mr. Neal seconded the motion. Motion carried with Mr. Reinert voting no. This ordinance can be found in the June 27, 1988 Council minutes. SECOND READING - ORDINANCE NO. 10 - 88, INCREASING THE SALARIES OF PARK BOARD AND PLANNING AND ZONING BOARD Mr. Bisel moved to approve the second reading of Ordinance No. 10.- 88. Mr. Bohjanan seconded the reading. Motion carried unanimously. This ordinance can be found in the June 27, 1988 Council minutes. OLD BUSINESS Resolution No. 53 - 88 Ordering Improvement, D. Erickson's 2nd Addition, Phase II - Mr. Bisel moved to approve this resolution. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 53 -P 88 RESOLUTION ORDERING IMPROVEMENT OF D. ERICKSON'S SECOND ADDITION, PHASE II WHEREAS, a resolution of the City Council adopted the eleventh day of April, 1988, fixed a date for a Council hearing on the proposed improvement of Phase II, D. Erickson's Second Addition, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the twenty third day of May, 1988, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: PAGE 24 141 142 COUNCIL MEETING JULY 25, 1988 1. Such improvement is hereby ordered as proposed in the Council resolution adopted April 11, 1988. Adopted by the Coucnil this 25th day of July, 1988. _a Mariln . Anderson, Clerk- Treasurer Consideration of Appointment to District Memorial Hospital Board - Mr. Bisel moved to appoint Ms. Valerie Rosengren to complete the vacant position on the DMH Board. Mr. Bohjanen seconded the motion. Motion carried unanimously. NEW BUSINESS Approval of Election Judges for Primary Election - Mrs. Anderson presented a list of prospective election judges to the Council for their approval. Mr. Bisel moved to approve the list of election judges. Mr. Bohjanen seconded the motion. Motion carried unanimously. Set Special Meeting for Items Not Included on this Agenda - The Council asked that a meeting be set only if it is needed. Mr. Bohjanen moved to adjourn at 11:40 P.M. Mr. Bisel seconded the motion. Aye. PAGE 25