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