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HomeMy WebLinkAbout09/12/1988 Council Minutes (2)220 - COUNCIL MEETING SEPTEMBER 12, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:10 P.M., September 12, 1988. Council Members present: Neal, Bisel, Bohjanen, Reinert. Council Members absent: None. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Council Meeting, August 22, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. Special Council Meeting, August 22, 1988 - Mr. Reinert moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS August 31, 1988 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Neal seconded the motion. Motion carried unanimously. September 12, 1988 - Mr. Stahlberg presented a memorandum to the Council regarding a scheduled payment to Annandale Contracting for D. Erickson's 2nd Addition, Phase II. Mr. Stahlberg explained that the office had not received his request before the packet deadline and it is not shown on the Disbursement List. Mr. Bohjanen moved to approve these Disbursements with Mr. Stahlbergs letter. Mr. Neal seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. SECOND READING, ORDINANCE NO. 14 - 88, REZONE OF CERTAIN PROPERTY IN SECTION NO. 29 AND SECTION NO. 32 (MONTAIN PROPERTY) Mr. Chris Whitword and Mr. Bill Huser representing Heritage Development of Minnesota asked to speak to this proposed rezoning. Mr. Whitword explained that Heritage Development has purchased the property from Mr. Montain. He expressed PAGE 1 221 COUNCIL MEETING SEPTEMBER 12, 1988 lioncern and an objection to the proposed rezoning based on he rights that were vested in the R -1 classification. He outlined the dates that Heritage Development has had contact with the City regarding this particular property and also noted that a sketch plan had been submitted. He also expressed concern because Heritage Development was not given notice of the proposed rezone. Mr. Whitword said Heritage Development understands Lino Lakes' concern for quality housing but felt the proposed rezoning is not the proper manner to insure quality housing and development. He said the proposed rezoning defeats the objective of the developer for this parcel by eliminating an entire range of the housing market. He said no studies, surveys or testimony has been taken by the City to support the necessity for the rezone. Mr. Whitword felt the proposed rezone was arbitrary, capricious and unreasonable. He asked that the rezone not be approved. Mr. Reinert asked Mr. Hawkins if the City had the right to continue with the rezone proposal. Mr. Hawkins said he disagreed with Mr. Whitword and said that Heritage Development did not have a vested interest in the land since othing has been done with the property. Mr. Hawkins said the City Council did have the right to change the zoning. He also noted that the Planning and Zoning Board has studied this type of zoning in the area and will be recommending additional lands to be rezoned. Mr. Hawkins also noted that the staff did notify all property owners based on records at the Court House and it is regretable that Mr. Montain did not pass along the information to Heritage Development. Mayor Benson explained to Mr. Whitword the process the City has used and the amount of time the City has spent on this process. He noted that this was planned well before the first of the year. Mr. Bisel also noted that the Council did have contact with Mr. Montain who said that he was not interested in selling the land for about fifteen years. Mayor Benson explained that other property such as the Barott property will also be rezoned and also explained that the Council conducted a bus tour of the City in January and the rezone was discussed at that time. Mr. Whitword said that Heritage Development does not disagree with the City's right to rezone but does disagree with the timing. Mr. Whitword explained that this rezone will have a large impact on development of the land. He explained that Heritage Development does not build homes but just develops PAGE 258 COUNCIL MEETING SEPTEMBER 12, 1988 the land. He works with a full range of builders starting with entry level homes to homes in the $200,000.00 range. This rezone will have a great impact on the way the land is developed and marketed. He agreed that certain portions of the land lends itself to executive housing but not all of it. They are looking at a blend of development. There was discussion regarding price ranges of new homes in the R -1X zone. Mayor Benson said other builders in the area were building homes under $150,000.00 in this zone. However, Mr. Whitword said a significant segment of the housing market would be eliminated if the zoning was changed. He also noted that even though ownership of the land was not recorded the City did know that Heritage Development was interested in the land. Mr. Bisel said that the Council did appreciate Heritage Development coming to Lino Lakes to build homes. He also explained that Lino Lakes has set ordinances and all doors are open to builders who do a good job and he hoped Heritage's market experience will be of benefit to them. Mr. Huser of Heritage Development explained that a significant portion of the land does not lend itself to executive housing. Mayor Benson said the difference in zoning means only that the lots are somewhat larger and the square footage in the homes is somewhat larger. Mr. Huser said that this City was aware of the plans being prepared by Heritage Development for the R -1 zoning. Mr. Schumacher reminded Mr. Huser that the staff was very upfront with Mr. McComb regarding the City's plans to rezone the property to executive housing and yet the R -1 planning continued. Mr. Bisel moved that in view of the fact that plans were set in motion a very long time ago, to adopt Ordinance No. 14 - 88 rezoning certain real estate in Section No. 29 and Section No. 32 to R -1X. Mr. Reinert seconded the motion. Motion carried unanimously. Ordinance No. 14 - 88 can be found printed in the August 22, 1988 Council minutes. PUBLIC HEARING, TAX INCREMENT FINANCING PLAN Mr. Reinert moved to set the public hearing for this matter for October 10, 1988 at 9:00 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING, REZONE AND CONDITIONAL USE PERMIT, VFW POST #6583 ORDINANCE NO. 16 - 88, FIRST READING PAGE 259 IMr. Schumacher recapped the first public hearing held on August 22, 1988. He explained three actions are required to allow the VFW to build on Lilac Street near Lake Drive. He read Mr. Miller's memorandum dated August 17, 1988 in which he recommended approval of all three requests. 223 COUNCIL MEETING SEPTEMBER 12, 1988 Conditional Use Permit and Rezone - Mayor Benson asked for additional input from the audience. Mr. Cliff Hagen showed the Council a concept drawing of the front elevation of the new VFW building. He also showed a plat drawing of the site and explained a meeting with representatives of the VFW and the area residents was held this afternoon. The greatest concern of the neighbors was the northwest corner of the site. The VFW does not plan to disturb this area other than to plant more trees and build a small picnic area. He also said taller trees will be planted on the western edge of the VFW property to screen the residential area. Mr. Hagen explained that the west side of the building will be the rental unit and the bar will be on the east side of the building. There will be no tournament baseball fields, just a regular ballfield for the VFW use. ITracey Douglas said a lot of her concerns were alleviated when the residents were assured there would be no tournament ballfields. She explained that she had no objections to the rezone request or to all members of the Council voting on the motion. She said she had great reservations about the proposed rezoning of the area not owned by the VFW. Mr. Larry Anderson said he appreciated the VFW meeting with the residents and felt a good agreement had been worked out. Mayor Benson said that the City does not have any documentation regarding this agreement between the VFW and area residents and asked that this agreement be put in a letter and forwarded to the City so that it becomes a part of the record. Mr. Hawkins said this could also be made a part of the Conditional Use Permit. Mr. Bisel noted that the largest concern regarded tournament ballfields. He asked if the neighbors would object to other VFW Clubs getting together for an occasional ballgame. Ms. Douglas said this would be no problem. Their concern is about two day organized tournament games. Mr. Anderson expressed concern regarding the traffic volume on Lilac Street. Mayor Benson said the best control is to have a squad car visible. PAGE 260 224 COUNCIL MEETING SEPTEMBER 12, 1988 Mr. Reinert moved to close the public hearing. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Neal moved to rezone the west one half of the VFW property from R -1 to General Business (GB) and approve the first reading of Ordinance No. 16 - 88. Mr. Reinert seconded the motion. Motion carried unanimously. CITY OF LINO LAKS COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 16 - 88 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO GENERAL BUSINESS (GB) I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Single Family Residential (R -1) to General Business (GB), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The west one half of the following described parcel: Part of Lot 16, Auditor's Subdivision No. 134, Anoka County, Minnesota lying within the southeast quarter (SE 1/4) of the southwest quarter (SW 1/4) of Section 8, Township 31, Range 22, except the north 693.00 feet and the west 660.00 feet thereof. Reserving and subject to a roadway easement over the southerly 33.00 feet thereof. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. PAGE 261 • 225 COUNCIL MEETING SEPTEMBER 12, 1988 IlLhis Ordinance shall be in full force and effect from and fter its passage and publication according to City Charter. Passed by the City Council this __12, day of _Septembem 1988. nderson, Clerk- Treasurer Mr. Bisel moved to grant the Conditional Use Permit to the VFW and asked that a letter be forwarded to the City Administrative Offices stating the agreement by both parties. Mr. Neal seconded the motion. Motion carried unanimously. Site Plan - Mayor Benson read the City Planner's recommendations regarding trees on the west boundary of the property. Ms. Douglas noted how expensive large trees are and said temporary screening would be acceptable. Mr. Bisel moved to adopt the site plan with the recommendations of the City Planner regarding trees on the west side of the property and the height be increased to four feet minimum directly east of the residences to screen the house and in addition plant other types of trees as additional screening such as pine trees, lombardy poplar trees or lilac bushes. In addition, signs are to be posted in the picnic area delineating the property boundaries so people will know where the VFW property ends and the private property begins. Mr. Neal seconded the motion. Motion carried unanimously. ASSESSMENT PUBLIC HEARING FOR D. ERICKSON'S 2ND ADDITION, PHASE NO. 1 - RESOLUTION NO. 71 - 88 Mayor Benson opened the public hearing at 8:10 P.M. Mr. Stahlberg used the overhead projector and explained how he calculated the costs of the improvement and prepared the assessment role. There was no one in the audience to speak for or against the assessment. 1 PAGE 262 226 COUNCIL MEETING SEPTEMBER 12, 1988 Mr. Bohjanen moved to close the public hearing at 8:15 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to approve Resolution No. 71 - 88 approving the assessment for D. Erickson's 2nd Addition, Phase I. Mr. Reinert seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 71 - 88 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF D. ERICKSON'S 2ND ADDITION, PHASE I 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 D. Erickson's 2nd Addition, Phase I. 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 thereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the pro- posed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual in- stallments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1989 and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of this assess- ment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of PAGE 263 227 COUNCIL MEETING SEPTEMBER 12, 1988 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 resolu- tion; 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 1 - of September, 1988. Marilyn I l\IL)+ij nderson, Clerk- Treasurer njamin . Benson, Mayor ASSESSMENT PUBLIC HEARING FOR RESHANAU LAKE ESTATES SOUTH, 1ST ADDITION - RESOLUTION NO. 72 - 88 Mayor Benson opened the public hearing at 8:17 P.M. Mr. Stahlberg used the overhead projector to explain the costs of the improvement and how the assessment was prepared. Mr. Gary Uhde, developer of Reshanau Lake Estates South, 1st Addition explained to the Council that he did not object to the assessment. However, his title company has not held in escrow the amount needed to cover the assessment on eighteen of the thirty eight lots that have already been sold. He asked if the difference could be placed on the 2nd Addition of Reshanau Lake Estates South. Mr. Hawkins said he did not like to see the Council consider such a request. He felt each improvement should bear its own costs. Mr. Uhde said an alternate plan could be the balance of the assessment from the eighteen lots could be PAGE 264 228 COUNCIL MEETING SEPTEMBER 12, 1988 placed on the remaining twenty lots in the 1st Addition. Mr. Hawkins said a problem with this request could occur if any of the twenty lots become tax delinquent. The City could lose some assessments. Mr. Hawkins suggested amending the Letter of Credit to assure the additional assessment is paid on the twenty remaining lots. He also noted another assessment roll must be prepared. Mr. Stahlberg said he would revise the assessment roll reducing the assessment on the eighteen lots that have already been sold and spreading the balance over the twenty remaining lots in the 1st Addition. Mr. Reinert moved to close the public hearing at 8:30 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve Resolution No. 72 - 88 and in addition $15,933.87 be included in the 1st Addition and the Letter of Credit be modified to reflect the $15,933.87. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 72 - 88 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, 1ST ADDITION 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 Reshanau Lake Estates South, 1st Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the pro- posed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual in- stallments extending over a period of fifteen years, PAGE 265 229 COUNCIL MEETING SEPTEMBER 12, 1988 the first of the installments to be payable on or before the first Monday of 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 12t eptember, 1988. _12/-AJVLxli\ Marilynnderson, Clerk- Treasurer CONDITIONAL USE PERMIT PUBLIC HEARING - JAMES LOUGHREY Mayor Benson opened the public hearing at 8:32 P.M. Mayor Mr. Schumacher explained that Mr. Loughrey had applied for a rezone of his property located at 7781 Lake Drive so that Ihis building could be used for operating a small metal PAGE 266 230 COUNCIL MEETING SEPTEMBER 12, 1988 processing business. Mr. Hawkins has sent the City Planner a letter dated August 1, 1988 recommending that the Council consider a Conditional Use Permit rather than a rezone of the property. Mr. Loughrey was in the audience and told the Council that he favored approval of the CUP although he has lost the tenant who would have operated this business. He is hoping to rent his building to someone with a similar business. He noted he has one tenant, the Unlimited Wholesale House. There was no one else to speak for or against this request. Mr. Bohjanen moved to close the public hearing at 8:37 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to approve the CUP for James Loughry. Mr. Bisel seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT Site and Building Plan Review, Chris Ross - Mr. Schumacher explained that the Council had reviewed this plan about a year ago. The additional issues to be considered tonight by the Council are parking and driveway maximums. Mr. Jerry Anderson, architect for Jamb Architects explained that the plan will be construced in phases. Additional parking spaces will be added as each phase is constructed. He said a variance for parking will be required now but the need will be eliminated when all phases are completed. The problem concerning driveway widths was discussed. City Code requires a driveway be no wider than twenty six (26) feet. This plan indictes a driveway for thirty four (34) feet. The City Planner has expressed concern regarding truck traffic on narrow driveways. After further discussion, Mr. Bisel moved for approval of the site and building plan for Ross' Corner Shoppes with changes outlined in Mr. Miller's memorandum dated September 6, 1988 and item No. 6, page 1 be accepted by the City before the canopy is erected and the final landscaping is to be approved by Mr. Miller. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved approval of the variances for Ross' Corner Shoppes as recommended by the P & Z Board for set back and PAGE 267 • 231 COUNCIL MEETING SEPTEMBER 12, 1988 IIriveway width. Mr. Bohjanen seconded the motion. Motion arried unanimously. Conditional Use Permit - Mr. Neal moved to approve the CUP for the gas pumps for Ross' Corner Shoppes. Mr. Bisel seconded the motion. Motion carried unanimously. II 1 Minor Subdivision, Gary Uhde - Mr. Schumacher explained Mr. Uhde has purchased an additional narrow and long parcel of land on the east side of Reshanau Lake Estates South for the purpose of providing drainage from some lots on the eastern boundary of this subdivision. Mr. Uhde explained that RCWD has required that he provide this additional drainage and it will give him a wider and larger area to work with. Mr. Uhde will meet with Mr. Miller to revise the plat plan so that the lots on the eastern edge of the plat will include this area. Mr. Stahlberg explained this would eliminate his concern regarding lots that were less than what was approved on the preliminary plat. A revised grading plan will be required and must be approved by RCWD and the City. Mr. Reinert moved approval of P & Z Board application 88 - 27 subject to review and approval by the P & Z Board and IIubject to the recommendation of the City Planner. Mr. isel seconded the motion. Motion carried unanimously. Ordinance No. 11 - 88, Amending Accessory Buildings, 1st. Reading - Mr. Bohjanen moved to table this item. Mr. Reinert seconded the motion. Motion carried unanimously. Ordinance No. 15 - 88, Rezone Certain Properties in Section No. 29 and Section No. 32, Set Public Hearing for October 10, 1988, 8:00 P.M. - Mr. Bisel moved to set this public hearing. Mr. Bohjanen seconded the motion. Motion carried unanimously. Recommendation to Check Marina Area of West Oaks of Bald. Eagle and Traffic Conditions - The Council discussed Mr. Miller's memorandum dated September 6, 1988 regarding this matter. Since the season for heavy use of the marina is over, Mayor Benson asked that the Chief of Police monitor the area. Further discussion on this matter could be made in the spring when the use increases again. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 70 - 88, Accepting Seal Coating Program Bid - Mr. Bisel moved approval of Resolution No. 70 - 88 awarding PAGE '268 COUNCIL MEETING SEPTEMBER 12, 1988 the bid to Allied Blacktop Company for $37,852.75. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 70 - 88 RESOLUTION ACCEPTING BID FOR 1988 SEAL COAT PROGRAM WHEREAS, pursuant to an advertisement for bids for the 1988 Seal Coat Program as outlined in Resolution No. 66 - 88, bids were received, opened and tabulated according to law, and the following bids were re- ceived complying with the advertisement: Allied Blacktop Company Astech Corporation Bituminous Roadways $37,852.75 38,556.70 42,237.00 AND WHEREAS, it appears that Allied Blacktop Company with a bid of $37,852.75 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 Allied Blacktop Company in the name of the City of Lino Lakes for the 1988 Seal Coat Program according 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 this 12th day of September, 1988. PAGE 269 Benj in G. Benson, Mayor 233 COUNCIL MEETING Marilyn Anderson, Clerk - Treasure SEPTEMBER 12, 1988 Mr. Reinert left the Council meeting at 9:25 P.M. Review of 2nd Avenue Feasibility Report - Mr. Stahlberg reviewed his report for the Council. Mayor Benson asked what problems will be encountered if 2nd Avenue is moved to the east nearer Lake Drive. Mr. Stahlberg said that he has met with the DNR. This move means additional costs and the need for an environmental worksheet. Mr. Stahlberg was asked to prepare cost comparisons for this shift in the road. He also explained that dewatering will be required while the project is under construction and this may affect some area shallow wells. It was suggested that the cost of providing water to these residents should be included in the construction contract. Mayor Benson asked that staff have as many facts as possible for the public hearing on September 26, 1988. He asked that Mr. Stahlberg prepare a plan that will save the tree line in this area and off set the road in the right of way. He asked that all this information be gathered and sent to the Council no later than packet day so that the Council can talk to the residents individually prior to the hearing. Review of West Central Trunk Sewer and Water Feasibility Report - Mr. Stahlberg reviewed this report and noted that an additional lift station will be required in the area of Lake Drive and Highway No. 49. He noted that he had met with three property owners at the intersection of 2nd Avenue and Elm Street. These property owners were very opposed to the current route north of Elm Street. There was discussion regarding the original route of the street through the church parking lot on the west side of the cemetary. The church board had told the City Staff that the City could not go through this area because of the cemetary. Mr. Hawkins said to his knowledge there is no law prohibiting condemnation of cemetary property. Mr. Bisel moved to continue the meeting until all business is completed. Mr. Bohjanen seconded the motion. The motion carried unanimously. Mr. Stahlberg updated the Council regarding the holding pond at the Correctional Facility.' Mr. Bisel was concerned about PAGE 270 COUNCIL MEETING SEPTEMBER 12, 1988 contamination of wells in this area and asked to see the last time this pond was monitored. Mayor Benson asked Mr. Stahlberg to prepare further information regarding the option of going through the church property with 2nd Avenue. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. OLD BUSINESS Buildability of Outlot "A ", John McLean - Mr. McLean had appeared at the Board of Review on May 16, 1988 and objected to the value the assessor had placed on a parcel of land he owns near Otter Lake (36- 22- 31- 23- 0011). The value had increased from $2,500 to $25,000. Mr. McLean felt that since he cannot currently obtain a building permit on this parcel it should be classified as unbuildable and the value reduced. The assessor has detemined that the land is buildable because it does have access from Otter Lake Road. Mr. Bisel was concerned that if the assessor viewed a parcel of land with similar conditions in another section of Lino Lakes, would he classify the property as he has classified Mr. McLean's property. Mr. Schumacher said yes, in fact it will be classified as any similar property in Anoka County. Mr. Schumacher reviewed the letter from Jeffrey R. Nienabor, Anoka County appraiser for Lino Lakes dated August 24, 1988. Mr. McLean said he did meet with County Assessor Gayle Leone but he did not discuss this particular piece of property with Mr. Leone. Mr. Hawkins said the question the assessor has to consider is market ability not buildability. Mr. McLean agreed that the property is developable but without streets it is not worth as much. He also noted the City Council does have the power to vary certain cases. He said he is looking at a value somehwere between what it was and what it currently is valued. Mr. Bohjanen moved to invite the assessor to the October 10, 1988 Council meeting to discuss this with the Council. Mr. Bisel seconded the motion. Motion carried unanimously. PAGE 271 235 COUNCIL MEETING SEPTEMBER 12, 1988 ITax Forfeit Parcel of Land on Lake Drive and Highway No. 49. - Mr. Schumacher has received a letter from Anoka County requesting that the City withdraw its application for title to this parcel. The Anoka County Highway Department wishes to obtain the title and would grant an easement for utility purposes to Lino Lakes. Mr. Bisel moved to withdraw the application for title to this tax forfeit property. Mr. Bohjanen seconded the motion. Motion carried unanimously. NEW BUSINESS Resolution No. 68 - 88 Declaring Costs to be Assessed, 461 Birch Street - Mr. Bisel moved to approve this resolution. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 68 - 88 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR MATHEW R. GLOCKE, 461 BIRCH STREET, LINO LAKES, MINNESOTA WHEREAS, costs have been determined for the improvement of 461 Birch Street and the expenses incurred in the making of such improvement amount to $3,899.92 so that the total cost of the improvement will be $3,899.92, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero and the por- tion of the cost to be assessed against benefited prop- erty owners is declared to be $3,899.92. 2. Assessments shall be payable in equal annual install- ments extending over a period of fifteen years, the first 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 the assessment resolution. 3. The City Clerk, with the assistance of the City Eng- ineer shall forthwith calculate the proper amount to be PAGE 272 COUNCIL MEETING SEPTEMBER 12, 1988 specially assessed for such improvement against every assessable lot, piece or parcel of land within the dis- trict affected, without regard to cash valuation, as provided by law, and she shall file a copy of such pro- posed assessment in her office for public inspection. 4. The Clerk shall upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 12th of September, 1988. ler enjami M ri yn . Anderson, Clerk - Treasurer enson, Mayor Resolution No. 69 - 88 Setting Assessment Hearing for Municipal Water for Mathew R. Glocke, 461 Birch Street for October 10, 1988, 7:45 P.M. Mr. Bisel moved to approve this resolution. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 69 - 88 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 461 BIRCH STREET, LINO LAKES, MINNESOTA. WHEREAS, by a resolution passed by the Council on September 12, 1988, the City Clerk was directed to prepare a proposed assessment of the cost of improving 461 Birch Street, Lino Lakes, Minnesota, and WHEREAS, the Clerk has notified the Council that such pro - posed assessment has been completed and filed in her office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on the 10th day of October, PAGE 273 1 1 237 COUNCIL MEETING SEPTEMBER 12, 1988 1988, in the city hall at 7:45 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with refer- ence to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be pub- lished once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to the certification of the asessment to the County Auditor, pay the whole of the asessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the succeed- ing year. Adopted by the Council of the City of Lino Lakes this 12th day of September, 1988. Maril . Anderson, Clerk- Treasurer i ARNO enjam n Benson, ayor Mayor Benson noted that it has been brought to his attention that there is a problem when gas lines from two different utilities are placed in the same area. He noted this concern was discussed at the time NSP requested a gas franchise and asked that this matter be placed on a future agenda along with recommendations from the staff. He also Iasked that areas with more than one gas utility in the PAGE 274 38 'COUNCIL MEETING SEPTEMBER 12, 1988 ground be identified. Mr. Hawkins suggested that the City could adopt some regulations for these utilities. A tentative meeting has been set with the Centerville City Council for September 19, 1988, 6:00 P.M. to discuss locations of future fire stations. Notices will be sent to the Council confirming this date. My Place on the Lake, 6810 Lake Drive has applied for a RCWD permit to retain fill dirt already placed in the wetland of Rice Lake. Mayor Benson asked that the Council be updated if a permit is granted. Mayor Benson has received a letter from Press Publications regarding some oversights on news coverage. He asked that all Council members receive a copy of this letter. Mayor Benson noted receipt of a Celebrate Minnesota 1990 project kit and notice of workshop schedules. Mr. Bisel moved to adjourn at 10:50 P.M. Mr. Bohjanen seconded the motion. Aye. PAGE 275 These minutes were considered and approved at a regular council meeting on September 26 1988. MARBLY G. ANDERSON Clerk - Treasurer B J fayor BE ON