HomeMy WebLinkAbout04/23/1990 Council MinutesCOUNCIL MEETING
APRIL 23, 1990
The regular meeting of the Lino Lakes City Council was called
to order at 7:00 P.M., April 23, 1990 by Mayor Bisel.
Council Members present: Bohjanen, Reinert, Neal. Council
Members absent: Kuether. City Attorney, Bill Hawkins;
Engineers, Dan Boxrud and Darrell Schneider; Planner, John
Miller; Administrator, Randy Schumacher and Clerk - Treasurer,
Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Regular Council Meeting, April 9, 1990 - Council Member
Reinert moved to approve these minutes as presented. Council
Member Bohjanen seconded the motion. Motion carried
unanimously.
Board of Review, April 10, 1990 - Council Member Bohjanen
moved to approve these minutes as presented. Council Member
Reinert seconded the motion. Council Member Reinert asked
that a written•follow -up be given to the Council from the
Assessor indicating how the various items were resolved.
Voting on the motion. Motion carried with Council Member
Neal abstaining.
Council Work Session, April 11, 1990 - Council Member Neal
moved to approve these minutes as presented. Council Member
Reinert seconded the motion. Motion carried with Council
Member Bohjanen abstaining.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
April 23, 1990 Disbursements - Council Member Reinert moved
to approve these disbursements as presented. Council Member
Bohjanen seconded the motion. Motion carried unanimously. _
April 20, 1990 Centennial Fire District Disbursements -
Council Member Neal moved to approve these disbursements as
presented. Council Member Bohjanen seconded the motion.
Mayor Bisel asked about the disbursement for pop during a
fire call. Council Member Neal explained that this was for
refreshment while the firemen were fighting a grass fir
During the winter coffee is served to the fire fighter:.
Mayor Bisel said he felt that the Fire District should of
pay for pop during fire drills etc. but he understood t e
need for refreshment during an actual fire. After fur hr
discussion, Council Member Reinert noted that there is need
to replenish body fluids during a fire emergency and d not
have a problem with this disbursement.
Voting on the motion, motion carried unanimously.
OPEN MIKE
No one appeared under Open Mike.
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COUNCIL MEETING APRIL 23, 1990
DESIGN REVIEW BOARD REPORT - JOHN MILLER
Set Public Hearing for Rezone, Paul Howard, Baldwin Lake
Court for May 29, 1990 at 7:30 P.M. - Council Member Bohjanen
moved to set this hearing. Council Member Reinert seconded
the motion. Motion carried unanimously.
First Reading, Ordinance No. 05 - 90, Amending Accessory
Building Code - Mr. Miller explained that the size of
accessory buildings has been an issue for a long time. This
matter has been reviewed at length by the Design Review Board
and the former Planning and Zoning Board. At one time the
Planning and Zoning Board had looked at major changes in this
ordinance but decided that the entire matter was so complex
that they dropped the revision.
Recently Mr. Elwin Klimek, 1390 Karth Road purchased the Gene
Blomquist building on Ash Street, dismantled it and rebuilt
it on his lot,. The Building Inspector "red tagged" the
building because it was to large for the zoning district.
Mr. Klimek has now presented a petition requesting the City
to revise the accessory building standards.
Mr. Miller explained that there are many one (1) acre lots in
this City. Unfortunately there are some lots just under one
(1) acre and some lots just over one (1) acre. A problem
occurs when a resident with 97/100's of an acre is unable to
build the same size building as his neighbor who has one (1)
and two tenths (2/10) acres. The Design Review Board
addressed these situations only and created a new category
that includes lots between 3/4 of an acre and 1 1/4 acres.
They also recommended increasing the building sizes from 880
square feet to 960 square feet.
Council Member Reinert asked if the proposed amendment would
create any additional non - conforming uses. Mr. Miller said
no, every building that is now erected is conforming or will
conforming if this amendment is adopted. Council Member
Reinert noted that someone with just under 3 /4ths of an acre
will feel discriminated against. Mr. Miller said this may be
so but this is where the Design Review Board decided to draw
the line.
Council Member Bohjanen asked if there will be a possibility
that someone will come in and ask for a variance? Mr.
Miller said that there have been attempts in the past,
however the variances have never been granted. The Design
Review Board has been following state law and required the
findings of six facts for either granting or denying the
variance request. The burden of proving need for a variance
is on the individual requesting the variance.
Elwin Klimek, 1390 Karth Road presented a petition to amend
Ordinance No. 14 - 84, Section 4, Paragraph 11, Section C to
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APRIL 23, 1990
read as follows: "One (1) storage building.or domesticated
farm animal building (Maximum 2000 square feet) ". He
explained that he had purchased the Blomquist building with
the knowledge that it was larger than allowed by the present
City Code. He had been advised by the Building Official that
the only way he could keep the entire building was to request
an amendment to the City Code since he could not prove a need
for a variance. The Design Review Board was not receptive to
the request for an amendment and told Mr. Klimek that he was
wasting their time because he was just one individual. Mr.
Klimek then proceeded to get the petition to let the Design
Review Board know that he is not the resident who wants the
Code amended. Mr. Klimek said that he has almost all of the
five (5) acre lot owners signatures. The petition was
presented to the City Clerk.
Mayor Bisel noted receipt of the petition and explained that
the Design Review Board has considered this matter several
times and may not want to review the matter again.
Council Member Reinert said this matter is not going to go
away. Every land owner has a different situation. He asked
again why the Design Review Board had decided to use 3 /4ths
of an acre. Council Member Reinert felt by adopting this
amendment, the door would be opened for bigger problems in
the future when sewer and water is available. He asked if
the City would be creating more of a problem than it was
solving. Mr. Miller said he did not think so, there will
always be someone who would want a bigger building than what
is allowed. Mr. Miller said that the best the Design Review
Board could do was to try to do away with the inequity in the
present Code.
Council Member Bohjanen asked if this amendment is adopted
does the Council still have the chance to consider unique
situations. Mr. Miller said unique situations could still be
considered. Council Member Reinert noted that the Design
Review Board has researched the matter more thoroughly than
the Council and noted he still had reservations about what
may happen when the area moves to smaller lot sizes.
Council Member Reinert moved to approve the first reading of
Ordinance No. 05 - 90 and dispense with the reading. Co 'ell
Member Bohjanen seconded the motion. On a roll call votr
motion passed unanimously.
Ordinance No. 05 - 90 can be found at the end of these
minutes.
Mr. Miller explained the status of the Klimek situation
that the building is currently "red tagged" and the Des
Review Board has said they are not interested in review
the matter again. He suggested that if the Council is
interested in amending the present Code to accommodate
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COUNCIL MEETING APRIL 23, 1990
situations like Mr. Klimeks, the Council should direct the
staff or the City Attorney to prepare an amendment. Council
Member Reinert asked Mr. Klimek why he moved the building
knowing it was non- conforming? Mr. Klimek explained that it
would have been difficult to adjust the nail holes if he were
to shorten the building. Mr. Klimek said he felt that the
reason the Design Review Board did not look at his request
was because he was one individual. He prepared the petition
to show that there are many more land owners concerned about
this matter.
Council Member Bohjanen asked how many cases have occurred
where the Inspector found the building already completed.
Mr. Miller explained that there was one that he was aware of
and the owner did dismantle a portion of the building to make
it conforming. Mr. Klimek was asked if his building could be
shortened and he said with a weekends worth of work it could
be shortened. However, he noted that it was his intention to
get all of his toys and equipment into storage and if he
shortens the building, there will still be some open storage.
Council Member Reinert said he felt the building should be
shortened to become conforming and the issue put to rest.
Council Member Bohjanen moved to allow one single building
which would not be against the City Code. Mr. Hawkins
explained that the City could not allow any building other
that what is defined in the Code unless the Code was amended.
There was not a second to Council Member Bohjanen's motion.
PUBLIC HEARING, PRELIMINARY PLAT, PINERIDGE
Mayor Bisel opened the public hearing at 7:42 P.M. Mr.
Boxrud explained that Carlson - Dropps and Associates have
applied to rezone and subdivide approximately eighty seven
(87) acres of land south of the Shenandoah subdivision and
east of Ware Road. Currently the property is zoned R -1X
while the Shenandoah subdivision is zoned R -1. The Design
Review Board has reviewed the entire eighty seven (87) acre
subdivision and has recommended approval. Mr. Boxrud noted
that the entire subdivision is within the MUSA line. He also
noted that because municipal sewer is not available to the
entire subdivision at this time, the developer is considering
platting the area in phases. Mr. Boxrud used the overhead
projector to show the entire plat and how the developer is
planning to develop in phases.
Apt this time the developer is not planning to develop or
rezone the easterly forty (40) acres or the southerly ten
(10) acres. The entire subdivision has been given to the
Department of Natural Resources (DNR) and Army CORP for their
review and they have recommended some improvements. The
underlying property owner has been out of town and
unavailable to the developer so that he has not been able to
coordinate development and it has now been decided that the
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COUNCIL MEETING APRIL 23, 1990
entry street from Ware Road will have to be relocated to the
north.
Mr. Boxrud noted that there is no park dedication shown on
the first phase of the subdivision since an area park is
planned for the easterly forty (40) acres. The developers
agreement will have to address how the park occurs and this
agreement will have to satisfy the Park Board.
Mr. Boxrud explained that the rezone request resulted in part
because of the high ground water table in the area. It will
be very difficult to build full basements in the subdivision.
Therefore, the developer feels that he will be unable to
market the lots for R -1X but would be able to market them for
an R -1 zoning. The lots is most cases will be larger than
required in the R -1X zone because they will encompass ponding
and drainage areas. A home owners association is not planned
as the ponding and drainage areas will not be separate from
the lots.
The first phase of development abuts Ware Road which is
classified a collector street. The traffic on Ware Road will
be doubled when the entire subdivision is completed. This is
a significant impact on Ware Road, however, the Capital
Improvements Plan indicates that this street will be upgraded
in 1994 which is about the time the subdivision should be
nearly completed.
Water main service is planned to be extended from the trunk
water main on Birch Street down Ware Road to the subdivision.
Sewer service is planned from Ware Road. Although services
will be available to current residents along Ware Road, these
residents will not be assessed. The developer would like to
begin the first phase this year and is asking the Council
approve the preliminary plat this evening and will be asking
that the sixty (60) day waiting period after the improvement
hearing be reduced to ten (10) days.
Grading and drainage plans are being prepared and are cose
to being accepted. There will be ponding on the south ,ast
and north west corners of the plat. Ponding waters wil flow
to the north and exit the subdivision through an existi g
ditch which runs to Rice Lake. The ponding and ditchir will
lower the water table and the flow into the ditch out k the
subdivision will be controlled so that the rate of flak- ill
not be increased.
Mr. Boxrud explained that the zoning issue will have t e
resolved first. In addition the location of the park 1
have to be addressed. The final consideration is for
first nhacc e f t' >,: - , _ ,,,? At.
Mr. Schumacher asked who will own ponds. Mr. Boxr
the current plan is to plea_ lot lines through the par
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COUNCIL MEETING APRIL 23, 1990
easements for maintenance purposes. Mr. Hawkins noted that
if the City acquires the easements, then the City is legally
responsible for maintenance. Mayor Bisel asked if the lots
bordering the northerly pond would meet minimum requirements
if the ponds were removed. Mr. Boxrud noted that these lots
are almost twice as big as required so that they can contain
a portion of the pond and yet meet minimum requirements.
Mayor Bisel asked Mr. Boxrud if it would be more reasonable
to have a homeowners association so that the City would not
be responsible for maintenance problems. Mr. Hawkins noted
that normally the question of maintenance of ponding is the
responsibility of the City. He noted that this would be no
different than what is happening in the Second Avenue area.
Council Member Reinert asked why this should be handled
differently than the Reshanau Lake Estates subdivision where
homeowners associations were established to maintain the
ponds. This method will keep the City out of ponding
maintenance. Mr. Hawkins asked if the City retained an
easement. The City did not retain easements in this
subdivision. Council Member Reinert noted that if the City
approves this preliminary plat the burden of maintaining the
ponds and the liability for the ponds becomes the
burden of the City. In the Reshanau Lake Estates area, the
burden is on the homeowners association. Mr. Hawkins
explained that the City is accepting the burden of
maintaining the drainage and ponding as part of the
comprehensive storm water management plan. The City has made
a policy to take control of drainage. Council Member Reinert
said he felt this was different from the comprehensive storm
water management plan. This is created by a developer for
his own particular development and the City should not take
the responsibility for ponding within the development.
Council Member Reinert also questioned why it was necessary
to have full basements in an R -1X zone. He said he did not
feel that this was a significant reason for rezoning the
subdivision.
Rick Carlson of Carlson - Dropps and Associates explained that
the issue was not how deep the basements could be dug. He
noted that R -1X requires 1100 square feet homes whereas the
R -1 zone requires 980 square feet - homes. He noted the area
is open, flat, with no trees and adjacent to an R -1 zoning.
He felt it would be more appropriate to build R -1 sized homes
in the first phase. He did propose to build R -1X homes in
the easterly forty (40) acres. He noted that the only
difference in lots sizes is that the frontages would be
eighty (80) feet rather than ninety (90) feet. However, the
lots would be over 18,000 square feet which is nearly twice
the size of an R -1 lot. This makes the density one and one
half (1 1/2) lots per acre. Mr. Carlson also anticipated
that there would be very few full basements. He is
investigating how much the ponds will lower the water table
and maybe he can get more full basements in the subdivision
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COUNCIL MEETING APRIL 23, 1990
than was expected. Mr. Boxrud noted that a drainage plan is
not required for preliminary plat approval.
Mayor Bisel asked about extending West Shadow Lake Drive
south of Birch Street to 62nd Street. Mr. Boxrud explained
that the original plan has been revised, however the street
will remain in the same general area.
Stephen Andre, 495 Ash Street asked what a MUSA line is. Mr.
Boxrud explained.
Gene Eddleston, 419 Arrowhead Drive asked if the Council has
driven on Ware Road recently. There are no shoulders on the
street and he asked how anyone could expect that Ware Road
could handle 1,000 vehicles per day.
Kent Alley, 554 Arrowhead Drive suggested that the drainage
ditch running along the back of his lot will become
considerable larger. He asked about the liability and safety
of this ditch. Mr. Boxrud explained that the ditch will
become part of the storm sewer system for the subdivision and
as such, controls will be constructed on it to maintain the
current flow. Mr. Alley asked about the pond in the park on
the south side of Arrowhead Drive. He noted that the pond
has doubled in size in the past four (4) years and he asked
if this pond would be enlarged again. Mr. Boxrud explained
that the ditch flows through this pond, however controls will
be installed so that the water leaving the subdivision and
flowing north will flow at the same rate it is now flowing.
She pond north of Arrowhead Drive will not be affected by the
discharge from the subdivision. Mr. Boxrud noted that the
north end of the ditch may need some maintenance.
Fred Ranallo, 6366 Ware Road noted that it looked like the
entry street to the subdivision was going to be built next to
his house. He asked if the ponds were really needed since
they are a hazard to children. He asked if the area could be
drained in some other manner. Mr. Carlson explained that
unfortunately Lino Lakes sits on a very high water table_ He
_noted that all the ponds would oe on private property. He
also noted that the drainage and grading plans are beiTg
completed by engineers and will be checked by the City
Engineers to be sure that they conform to City Code. ':ayor
Bisel explained that the City cannot allow water to ru off
of Mr. Carlson's property onto another property faster :han
it is running off now. Mr. Ranallo asked why put some lag
(ponds) there that isn't there now? Mr. Boxrud expla: d the
purpose for the ponding.
Mr. Carlson explained that the price range for the hor in
the first phase will run from $9.0,000.00 to $150,000.t
They will not be starter homes. Mr. Carlson also exp: led
that there will be an architectural committee that wi
approve all building plans. He noted that a lot of ti ht
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COUNCIL MEETING APRIL 23, 1990
has gone into planning this subdivision.
Mr. Ranallo asked to see exactly where the entry street to
the subdivision will be. Mr. Carlson explained that he had
planned to purchase the Soukup home further south and place
the entry road north of the house. However, he was unable to
purchase this property and therefore, the entry street was
moved further north.
Mr. Andre, 495 Ash Street said that he was told by the DNR
that if he disturbed any cattails he would go to jail. He
asked how the developers of this property were able to
relocate swamp areas. Mr. Carlson explained that he has
submitted his development to four different agencies; DNR,
Rice Creek Watershed District, Army CORP and Fish and Game
Departments and all have given him at least verbal approval.
Written approval will be coming before any earth moving can
take place. Mr. Carlson said that he will be adding cubic
water areas for water fowl and enhancing the area for
wildlife. This is why he is receiving all the necessary
approvals.
Steven Heiskary, 572 Arrowhead Court asked if this rezone
request is allowed, what is to stop the new owners of the
Montain property from coming in and asking for the same
consideration? Mr. Miller explained that Horizon's will be
coming in on Wednesday with a plat for the Montain property
and it will be R -1X. There is no proposal to rezone the
Montain property and the Council has told the owners that
they will not consider any rezone request. Mr. Heiskary said
he wished to express concern over Ware Road because it is
unsafe at this time.
Scott Morrison, 508 Arrowhead Drive asked when the remaining
forty (40) acres will be developed. Mr. Boxrud explained
that the City does not have sewer capacity at the present
time for this land. Therefore, it will be a least one (1)
year possibly three (3) or four (4) years. Mayor Bisel
explained that the Laurene Avenue lift station was undersized
by the Metropolitan Waste Control and the City is in the
process of trying to get Metro to upgrade that facility.
Mr. Morrison said that it appears bike trails at the north
edge of the east forty (40) acres appears to be adjacent to
his and several other residents property on Arrowhead Drive.
He expressed concern for his privacy and for safety of
persons using the trail since his back yard ends in a very
high knoll. Mr. Carlson explained that the Park Board
designs the location of trails and he has no control as to
where they are to be located. Mr. Carlson also noted that
the Public Works Director and the Park Board will review all
problems associated with the trails system and the developer
will be asked to rectify the problems. Mr. Morrison also
told the Council that he felt Ware Road was already over
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COUNCIL MEETING APRIL 23, 1990
traveled.
Mary Alstatt, 6134 Ware Road asked how many homes would be in
this new subdivision. Mr. Boxrud said approximately sixty
seven (67). The second phase would have over one hundred
(100). Mrs. Alstatt explained that she was a teacher in the
Centennial School District and she asked if the Council had
considered what the impact of this proposed subdivision would
have on the school system. She noted that she was upset
because of the plans to build the proposed subdivision and
asked why acreage was not required for these homes as it had
been required for her home? Mayor Bisel explained that the
new homes are going to be built in an area with municipal
sewer and water and these services were not available when
her home was constructed. Mrs. Alstatt also stated her
concern about the condition of Ware Road and the increase in
traffic. She noted that there is a speeding problem on this
street now. Mayor Bisel explained that a study was done some
time ago regarding speeding on residential streets, and it
was found that the speeders are the residents along the
street. Mrs. Alstatt said that Earth Day was celebrated
last weekend and Ware Road was cleaned, now the natural
habitat will be torn up in the area.
Mr. Schneider explained that Centennial School District has
already contact Lino Lakes to let them know that the District
is looking for a site for a new elementary school. Presently
they are looking in the Ware Road area.
Pat Peckels, 450 Arrowhead Drive explained that the ditch is
now in her back yard. She asked if there will be ponds along
portions of the ditch. Mr. Boxrud explained the ditching and
ponding.
Jim Rickard, 6361 Ware Road explained that his home would be
directly across from the entry to the new subdivision. He
asked when the developer was planning to start construction.
Mr. Carlson said about July 1, 1990. Mr. Rickard said that
he felt there are a great number of lots available in Lino
Lakes and felt they should be used before more lots were made
available. Mayor Bisel explained that recent study in Lino
Lakes indicated that the City was running short on the r
inventory of lots. He noted that the Council is watch ig
this situation carefully. Mr. Rickard said he did not 4ant
to see a model go up and then just sit there.
Mr. Andre, 495 Ash Street asked what the price range y: ld be
for these homes. Mr. Carlson said basically $100,000. and
over. Mr. Andre asked if the Council would be approv the
rezoning of this property this evening. Mayor Bisel
explained that the zoning would h¢." to be decid -a ' the
preliminary p1 -1; could be considered. ... Andre said
w iu like to see R -1X zoning for aii pnases of this
development.
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COUNCIL MEETING APRIL 23, 1990
Kent Alley, 554 Arrowhead Drive asked how many sewer units
does this City have per year. He was told 100 per year.
Dawn Hanson, 6238 Ware Road told the Council that she moved
to Lino Lakes to get away from the City. Mayor Bisel said
when Mrs. Hanson moved in she moved in on somebody else too.
He noted that when he moved to Lino Lakes, he purchased three
acres and now he has several homes around him.
Al Ross, 6356 Ware Road told the Council that he felt the
school situation should be checked further before any action
is taken on the proposed zoning. Mayor Bisel explained that
the City has contacted the Centennial School and they
explained that there are about one hundred (100) new students
per year added to the District.
Fred Ranallo, 6366 Ware Road asked if they will have to see a
project sit there for up to three (3) years. Mayor Bisel
explained that it may take three (3) years to complete this
subdivision. However, the owner of any property does have a
right to develop it, if the proposed development meets all of
the City Code.
Mary Alstatt, 6134 Ware Road said she was very concerned
about the traffic on Ware Road. She noted that if this
project starts in July and the street is not widen until
1994, this is a real concern. Mayor Bisel said the City was
aware of this problem and does have a program to upgrade Ware
Road. Mrs. Alstatt said she would not like to see someone
get hit or killed. She also expressed concern about the
number of school children this subdivision would add to the
school district.
Council Member Reinert asked where the developer is in the
permit process. Mr. Carlson explained that he does have a
verbal DNR approval and expects written approval shortly. He
is mitigating with the Army CORP and will soon be before the
Rice Creek Watershed District.
Council Member Neal asked about the park situation if the
second phase is not started in the next three (3) or four (4)
years. Mr. Carlson explained that originally the Park Board
talked about 10% of the land. Now the Board is talking about
$24,000.00 in cash. This will be addressed in the developers
agreement.
Mr. Ranallo, 6366 Ware Road asked if the developer has
already been granted permits to put the road in. Mr. Boxrud
said no, there will be further meetings. Mr. Miller noted
that when you get a note to attend an informal meeting,
please come to get the information.
Wayne Junes, 599 - 62nd Street noted that there are a lot of
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COUNCIL MEETING APRIL 23, 1990
cattails on the easterly forty (40) acres. Mr. Carlson
explained that he is working with the government agencies and
will have permits for all of the work to be done in phase
two II.
Council Member Bohjanen moved to close the public hearing at
9:05 P.M. Council Member Neal seconded the motion. Motion
carried unanimously.
Mayor Bisel explained that the first issue to be addressed is
the rezone request for the property owned by the Soukups,
Design Review Board No. 90 -14. Council Member Reinert asked
that his remarks regarding ponding and who would be
responsible for maintenance be a part of any motion.
Council Member Bohjanen moved to approve Design Review Board
application No. 90 - 14 approving the rezone of the westerly
thirty seven (37) acres from _R -1X to R -1 and add item No. 8
to Mr. Boxruds• "Green Sheet" dated April 17, 1990, "Ponding
and ditching will be reviewed to determine if they should be
maintained by a homeowners association or if they should
include easements thereby giving the City responsibility for
maintenance and liability" and to approve the first reading
of Ordinance No. 08 - 90. Council Member Neal seconded the
motion. On a roll call vote, motion carried unanimously.
Council Member Reinert moved to add the above stated Item No.
8, a major ponding issue which is to vague and broad to be
looked at.by the City Engineer in relationship to what has
previously occurred in the City as a condition for accepting
the preliminary plat. Council Member Bohjanen seconded the
motion. On a roll call vote, motion carried unanimously.
The Council took a five (5) minute recess at 9:15 P. M.
DESIGN REVIEW BOARD REPORT - JOHN MILLER (CON'T)
Minor Subdivision, Ellsworth Wenzel, 7158 Lake Drive - Mr.
Miller explained that Mr. Wenzel owns a small parcel of land
on Lake Drive and until recently he farmed the entire
property surrounding his parcel. This property is known as
the Elsie Wenzel Estate. The land is in the process of being
sold and Mr. We e1 wished to obtain the parcel containing
his residential garage. Approval of this request for a minor
will allow Mr. Wenzel to keep his garage. The
Design Review Boar., - --dewed the request and has
recommended approval. Council Mo._ Bohjanen moved to
approve Design Review Board No. 90 - 16. Counci� ..... __ real
seconded the motion. On a roll call vote, motion carried
unanimously.
Minor Subdivision, Ross and Annette Reed, 7133 Rir.. 'e
Drive - Mr. Miller explained that the Reed's °.:Y1 a ,ij
acre lot adjacent to Second Avenue 5T'' ..ash to subd 'e the
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APRIL 23, 1990
lot as several other neighbor lotowners have done. Sewer and
water is available to the newly created lots. The Design
Review Board has reviewed the request and recommends
approval. Council Member Neal moved to approve Design Review
Board No. 90 - 19 for a minor subdivision. Council Member
Bohjanen seconded the motion. On a roll call vote, motion
carried unanimously.
A variance is required for this request because the lot
frontage will be 75 feet and not 80 feet as required by the
City Code. This request meets the "two of the three" rule
when applied to reviewing in -fill minor subdivisions. This
rule can be found in the draft zoning amendment currently
being prepared. Council Member Bohjanen moved to approve
Design Review Board No. 90 - 20 granting a variance to lot
frontage. Council Member Neal seconded the motion. On a
roll call vote, motion carried unanimously.
Economic Development Committee Recommendation to Complete
Market Analysis - This item was moved to the next Council
agenda.
PUBLIC HEARING - CONDITIONAL USE PERMIT AND VARIANCE, UNITED
POWER ASSOCIATION, JOHN MILLER
Mayor Bisel opened the public hearing at 9:27 P.M. Mr.
Miller explained the background on this request. He noted
that UPA is requesting a Conditional Use Permit and Variance
to construct a 69KV power line adjacent to Ash Street and 1-
35E and Centerville Road. This power line will feed a new
substation constructed just south of Lino Lakes in White Bear
Township. Mr. Miller explained that this is a complex matter
and will affect this City for some time. He noted that the
Design Review Board considered this matter for two hours and
recommended denial. Mr. Miller explained that this there has
been "failure to communicate" on this request from all sides
of the issue by all parties involved. He noted that the
property where the proposed poles and power lines are to be
located is unique and explained the characteristics. Many
years of wildlife development have been dedicated to the site
and the site has been featured on WCCO TV news as a wildlife
habitat. Mr. Miller had hoped something good could be done
for Lino Lakes by having the power line moved to another
location. He felt now was a chance for everyone to meet all
goals and reach a compromise on the issue. He asked that the
Council not take action this evening and direct the staff and
everyone involved to sit down and work out a solution so that
all involved will be satisfied.
Several representatives of United Power Association were
present: Douglas Uhrhammer, Patrick Cairns, Jack
Christofersen and Gary Ostrom. John Gasal representing
Anoka Electric Cooperative and Jaye Caine, Lino Lakes
representative to the Anoka Electric Cooperative Board were
PAGE 12
COUNCIL MEETING
APRIL 23, 1990
also present. Mr. Ostrom explained that UPA had looked at
five (5) different sites for the new substation and the staff
at Lino Lakes suggested looking at industrial sites. There
were two sites available and the White Bear Township site was
chosen because it presented the least problems. Mr. Ostrom
explained the scope of the project and why a variance and
conditional use permit was requested. He said that he felt
the new structure would not have much of an impact on Lino
Lakes and would make Lino Lakes look better. He also noted
that since the voltage is not being changed, the health
factors are not being impacted.
Mr. Ostrom explained that Ash Street is not scheduled for
improvement for about seven (7) to ten (10) years, however
Ramsey County will be redoing the bituminous surface this
year. He noted other development near transmission lines
such as that along Lois Lane. Mr. Ostrom explained that
complete relocation of the transmission lines cannot be
justified and cannot be located to the south because UPA is
unable to obtain easements. Condemnation of easements would
be a possibility, however, UPA would be unable to establish a
need since they already have the easement on the north side
of Ash Street. Mr. Ostrom also noted that the cost of
relocating the lines would be about $200,000 to possibly
$300,000 and this cost would have to be spread out over
all electrical users. These costs could not be justified.
Mr. Ostrom explained that UPA would be faced with monumental
problems in trying to relocate the power lines.
Mr. Ostrom summarized his presentation by saying that the
changes proposed are minor and he felt that when all is
completed it will be a pleasing transmission system
harmonious with plans in Lino Lakes. He noted a good _
electrical system is needed as well as good sewer and water
systems.
Art Hawkins, 6102 Centerville Road explained that he has
presented a report to the City Council on this matter. He
said that everywhere you look there are power lines and he
also noted that he did not like the attitude of United Power
Association toward him. Mr. Hawkins said he asked the staff
at the City to find another way to get power to the
substation and although Mr. Ostrom says that he was unable to
negotiate an easement to the south, he found this was not the
same conclusion presented to him by the landowner to the
south.
Amy Donlin, 6100 Centerville Road explained that her f ier's
farm is a unique farm. There is habitat which is needy a
survey wildlife and there are many varieties of trees
shrubs established on the farm. Prairie grass is also swing
in the area. There are ponds that flow to the north ! ake
Amelia. She explained that now trees have been cut dr.. or
poisoned. She felt there would be worse destruction t
PAGE 13
1
COUNCIL MEETING APRIL 23, 1990
improvement in the quality of the area if the new power lines
were to be established.
Mr. Hawkins introduced Dennis Shafer, 6097 Ash Street who
bought his home aware that he would be living under the power
lines. Mr. Shafer said that he is hearing more and more talk
about the health hazards and said he was sure that he would
not buy in such a location again. He noted the danger of
downed power lines and said he thought it was important to
keep power lines away from wildlife and driving areas.
Jack Menkveld, 9828 Foley Boulevard, Coon Rapids, a developer
in the City of Lino Lakes explained that he felt that power
lines reduced the value of residential areas. He noted that
homeowners do not want power lines in their back yard.
Mr. Miller summarized this hearing by noting that the Council
could deny both requests from United Power. However, this
matter would probably go to court. Mr. Miller felt that it
would make sense to direct the staff to go back to the
parties involved and try to resolve some of the issues.
Mayor Bisel said that surely United Power Association
realizes that the environment is different than it was years
ago. Also he pointed out that Lino Lakes is unique in many
ways. Years ago, Lino Lakes' only claim to fame was the
prison. Because of a great amount of effort by the staff and
residents, the imaging is changing for the better. Mayor
Bisel said he felt the image was changing to a beautiful
place, convenient to the cities with updated housing and
a much improved sense of pride. He asked how the Council
could satisfy United Power Association and the people
affected by this particular project. He said he hoped that
there would be a meeting of the mind and asked Mr. Miller to
research a better solution. Mayor Bisel noted the
unsightliness of power lines and explained that Lino Lakes
residents are sensitive and asked that when representatives
of United Power wish to use a particular Lino Lakes home in a
presentation, they obtain the permission of the owner.
Council Member Bohjanen explained that he has sat on the -
Council for a better part of twenty (20) years and he has
seen many changes. Some changes were good and some were bad
but the City wanted the development that resulted from the
changes. He noted that when he first moved to Lino Le =es he
did not want any more people or power lines moving int Zino
Lakes. Council Member Bohjanen said he felt that the :tire
Council should be present when a vote is taken on the
conditional use permit and variance.
Council Member Neal asked why the power poles had to
raised. Mr. Gasal of Anoka Electric explained that i" as
necessary to maintain a particular separation of line
required by law and to meet clearance requirements. tell
COUNCIL MEETING APRIL 23, 1990
Member Neal asked why the power lines could not go straight
across Ash Street instead of running west along Ash Street
and the south. Mr. Miller said everyone would have to agree
to do this and this is why he would like to arrange a meeting
so that everyone could get together at one time.
Mr. Ostrom said the United Power is trying to put their best
foot forward. The current sight is the best sight. He noted
that to reroute the entire transmission line would create a
whole new set of problems that United Power cannot defend.
United Power is in a corner and realizes that we all have to
talk.
Mrs. Donlin said that the landowner to the south is willing
to negotiate an easement for the transmission line. She felt
the power company was "treading" on them because they could
not afford to defend themselves.
Mr. Jaye Caine explained that United Power and Anoka Electric
are not out to try and get anybody. Anoka Electric
Cooperative is a non - profit utility and must make service
available to White Bear Township.
Council Member Bohjanen moved to continue the public hearing
to May 29, 1990. Council Member Neal seconded the motion.
On a roll call vote, motion carried unanimously.
Mayor Bisel directed the staff to work with United Power
Association to establish a forum in an attempt to reach an
agreement. The staff was directed to notify the Council of
dates of meetings established with United Power and the
residents.
ENGINEER'S REPORT
Resolution No. 15 - 90 Declaring Costs to be Assessed and
Preparation of Proposed Assessment for Sunrise Meadows and
Surrounding Areas, Darrell Schneider - Mr. Schneider
explained that costs for the improvement have been determined
based on the work session held with the Council about a month
ago. Council Member Bohjanen moved to adopt Resolution No.
15 - 90. Council Member Neal seconded the motion. On a roll
call vote, motion carried unanimously.
Resolution No. 15 - 90 can be found at the end of these
minutes.
Resolution No. 16 - 90 Setting Public Hearing on Proposed
Assessment for Sunrise Meadows and Surrounding Areas, Darrell
Schneider - Council Member Bohjanen moved to approve
Resolution No. 16 - 90 setting the public hearing. Council
Member Neal seconded the motion. On a roll call vote, motion
carried unanimously. Mr. Schneider noted that Mr. Menkveld
would like a copy of the assessment roll as soon as it is
PAGE 15
1
COUNCIL MEETING APRIL 23, 1990
completed.
Resolution No. 16 - 90 can be found at the end of these
minutes.
Consideration of Second Avenue Bids, Resolution No. 18 - 90
Darrell Schneider - Mr. Schneider explained that bids were
received on Second Avenue on Friday, April 20, 1990. The low
bidder and the second low bidder have both asked that their
bids be rejected because of errors made in preparing their
bids. Both bidders had used a bid prepared by a
subcontractor and that portion of the bid is in error. The
City Attorney and Administrator were immediately informed of
what had occurred and a meeting was held to determine what
course of action should be taken. The project manual does
allow a contractor to remove his bid within twenty four (24)
after the bid opening under certain circumstances.
Mr. Schneider 'said he had checked the third low bidder, Arnt
Construction and also checked with MnDOT to be sure that the
City is careful in awarding the bid. Arnt Construction has a
good responsible reputation. Mr. Schneider recommended that
option No. 1 be adopted and award the bid to Arnt
Construction.
Council Member Bohjanen moved to adopt Resolution No. 18 - 90
and award the bid to Arnt Construction. Council member Neal
seconded the motion. On a roll call vote, motion carried
unanimously.
Resolution No. 18 - 90 can be found at the end of these
minutes.
Resolution No. 20 - 90 Revoking and Establishing Municipal
State Aid Streets, Dan Boxrud - Mr. Boxrud explained that at
the February 26, 1990 Council meeting the City Council agreed
to 0 change certain MSA street designations. Mr.
Boxrud outlined the cha.ges. A verbal approval has been
given by the State -Aid Engineer and Mr. Boxrud recommended
that the Council adopt the resolution which formally requests
the change in MSA street system Council Member
Bohjanen moved to adopt Reso.l.:� on No. 20 - 90. Council
Member Neal __s. t=_a motion. On a roll call vote, motion
carried unanimously.
ft,z-solution No. 20 - 90 can t the end of these
minutes.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins asked the Council to meet in closed ses; s with
him so that he could update the Council on the ycna,
litigation regarding the attorney for the Community ion
Committee. The Council held a closed meeting with tR ity
COUNCIL MEETING APRIL 23, 1990
Attorney for about fifteen minutes.
FIRST READING, ORDINANCE NO. 06 - 90 CHANGING REGULAR COUNCIL
MEETING HOURS, RANDY SCHUMACHER
Mr. Schumacher explained that he felt this was an important
issue and recommended that it be tabled and placed on the
next agenda when the full Council could be present and
consider the matter. Council Member Bohjanen moved to table
this item to the next Council meeting. Council Member Neal
seconded the motion. Motion carried unanimously.
FIRST READING, ORDINANCE NO. 07 - 90 DEFERMENT OF SPECIAL
ASSESSMENTS, RANDY SCHUMACHER
Mr. Schumacher explained that some time ago the Council saw
the potential need for a Deferred Assessment Policy. This
Policy was suggested to allow deferment of assessments for
certain landowners who were either over sixty five (65) years
of age of disabled as defined by certain standards. Mr.
Schumacher noted that there was a lot of discussion by the
Council on this matter and suggested that to allow input from
all Council members, this be tabled until the next Council
meeting. Council Member Bohjanen moved to table this item
until the next Council meeting. Council Member Neal seconded
the motion. Motion carried unanimously.
CONSIDERATION OF A PETITION FOR ENVIRONMENTAL ASSESSMENT
WORK SHEET FOR OAK BROOK PENINSULA PROJECT, RANDY SCHUMACHER
Mr. Schumacher explained that this proposed subdivision
contains only five (5) lots, however, a petition has been
received by adjoining landowners requesting that an EAW be
prepared. The Council must decide whether they feel there -
will be an impact in the area and decided whether or not to
order the EAW. Council Member Neal moved to order an EAW for
this subdivision. Council Member Bohjanen seconded the
motion.
Bob Adamson, developer of this subdivision explained that he
is in the process of getting all the necessary permits to
complete his subdivision. This subdivision does not meet any
of the requirements for an EAW and he asked that an EAW not
be ordered. Mayor Bisel explained that the Council feels
that because the petition expressed the concern of the
residents in the area, the EAW would be necessary.
On a roll call vote, motion carried unanimously.
LIAISON REPORTS
These reports were moved to the May 14, 1990 Council agenda.
OLD BUSINESS
PAGE 17
1
COUNCIL MEETING APRIL 23, 1990
Update Regarding the Employee Computer Program, Randy
Schumacher - Mr. Schumacher asked that this item be moved to
the next Council agenda.
NEW BUSINESS
Application for Exemption From Charitable Gambling License,
St. Joseph's Catholic Church - Mrs. Anderson explained that
this organization hold less than five (5) gambling occasions
per year and are requesting an exemption from the requirement
to obtain a gambling license. No action is required by the
Council unless the Council feels this Organization has abused
their privilege. The Council did not take any action on this
matter.
Resolution No. 19 - 90 Proclaiming LOYALTY DAY - Mayor Bisel
read the proclamation. Council Member Bohjanen moved to
adopt Resolution No. 19 - 90. Council Member Neal seconded
the motion. Motion carried unanimously.
Resolution No. 19 - 90 can be found at the end of these
minutes.
Resolution No. 21 - 90 Abating Assessments on Lot 5, Block 8,
Block 11, Block 8 and Lot 12, Block 8, Lakes Addition No. 3 -
Mrs. Anderson explained that these lots were sold at the
Sheriff's auction and she was not notified of the sale. She
was also not notified to remove these lots from the
assessment rolls. Mr. Schumacher noted that all three lots
did have sewer and water assessments and all three lots are
buildable. He asked Mr. Hawkins if these lots could be re=
assessed. Mr. Hawkins explained that a public hearing could
be held and the lots re- assessed. Mr. Schumacher will bring
this matter back }^ +hP r"nntil for consideration.
Council Member Bohjanen moved to adopt Resolution No. 21 -
90. Council Member Neal seconded the motion. Motion carried
unanimously.
Resolution No. 21 - 90 can be found at the end of these
minutes.
ouncii Memoer real to ediourn at 11:17 P.M. Council
Member Bohjanen seconded the motion. Ave_
These minutes were considered, corrected and approved at
regular Council meeting held on May 14, 1990,
PAGE 18
a
COUNCIL MEETING
Marilyn Anderson,
Clerk -Tr surer
PAGE 19
APRIL 23, 1990
1 !� L //44.1.7
Harold L. Bisel,
Mayor
I
CITY OF LINO LAKES
COUNTY OF ANOKA
Ordinance No. 05 -90
AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING
ORDINANCE OF THE CITY OF LINO LAKES, BY AMENDING SECTION 4,
SUBDIVISION 7, INCREASING CERTAIN ACCESSORY BUILDING SIZES.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota, does ordain:
I.
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 deleting the current language in Section 4,
Subd. 7 (11) (E) and (F) to wit:
(E)
1 to less than 2 1/2
acres (R, ER & Other.
Residential Districts)
.(F) Under 11,250 sq. ft.
to less than 1 acre
(R, ER & Other Resi-
dential Districts)
- 1 Tool shed (maximum
120 sq. ft.) - manu-
factured metal structure
optional.
- 1 Detached garage (maxi-
mum 760 sq. ft.), if
there is no attached
garage.
- 1 Storage building
(maximum 800 sq. ft.).
- 16 ft. maximum height
- No metal corrugated
siding or roof.
- Roof and exterior color
and material compatible
with home (except
manufactured metal to l
shed).
Page I
- 1 Tool shed (maximum
120 sq. ft.) - manu-
factured metal strut: °e
optional.
- 1 Detached garage i:
there is no attache
(maximum 760
ft.)
- No metal corrugated
siding or roof.
- 14 ft. maximum height.
- Roof and exterior color
and material compatible
with home (except
manufactured metal tool
shed) .
II.
Ordinance No. 2 is hereby amended by adding the following
language to Section 4, Subd. 7 (11).
(E) Under 11,250 square
feet to 32,670 square
feet in rural and
residential districts.
(F) 32,671 square feet
to 54,450 square
feet in rural and
residential
districts.
(6) 1 1/4 acres to 2 1/2
acres
Page 2
- A total of 880 square
feet including any
attached garage.
- Not more than one
garage, attached or
detached, and not more
than one additional
detached accessory
building.
- 14 foot maximum height.
- Roof and exterior color
and material compatible
with home (except
manufactured tool shed).
- A total of 960 square
feet including any
attached garage.
- Not more than one
garage, attached or
detached, and not more
than one additional
detached accessory
building.
- 16 foot maximum height.
- No metal or corrugated
siding or roof.
- Roof and exterior color
and material compatible
with home (except
manufactured tool shed).
- 1 Tool shed (maximum
120 sq. ft.) - manu-
factured metal structure
optional.
- 1 Detached garage
(maximum 760 sq. ft.),
if there is no attached
garage.
- 1 Storage building
(maximum 800 sq. ft.)
- 16 ft. maximum height.
- No metal corrugated
siding or roof.
- Roof and exterior color
and material compatible
with home (except
manufactured metal tool
shed).
This ordinance shall be effective thirty (30) days after its
publication. Passed this day of 1990
by the Lino Lakes City Council.
Marilyn G. Anderson
City Clerk - Treasurer
1
Harold L. Bisel, Mayor
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 08 - 90
AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO
LAKES BY REZONING CERTAIN REAL ESTATE TO SINGLE FAMILY
EXECUTIVE (R -1X), PINERIDGE
I.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota does ordain:
Ordinance No. 02 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 Single Family Executive (R -1X), pursuant to the
provisions of the Zoning Ordinance of the City of Lino Lakes,
the following described real estate:
The Northwest one quarter (1/4) of the Northwest one
quarter (1/4) of Section 32, Township 31,'Range 22,
except parcels No. 32- 31 -22 -22 -0002, No. 32-31-22-22 -
0003 and No. 32- 31 -22 -22 -0005.
II.
Save as above amended, said Ordinance No. 2 shall stand as
initially passed and as previously amended.
III.
This Ordinance shall be in full force and effect from and
after its passage and publication according to City Charter.
Passed by the City Council of the City of Lino Lakes this
14th day of May, 1990.
Harold L. Bisel, Mayor
Marilyn Anderson, Clerk- Treasurer
1
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 08 - 90
AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO
LAKES BY REZONING CERTAIN REAL ESTATE TO SINGLE FAMILY
EXECUTIVE (R -1X), PINERIDGE
I.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota does ordain:
Ordinance No. 02 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 Single Family Executive (R -1X), pursuant to the
provisions of the Zoning Ordinance of the City of Lino Lakes,
the following described real estate:
The Northwest one quarter (1/4) of the Northwest one
quarter (1/4) of Section 32, Township 31, Range 22,
except parcels No. 32- 31 -22 -22 -0002, No. 32-31-22-22 -
0003 and No. 32- 31 -22 -22 -0005.
II.
Save as above amended, said Ordinance No. 2 shall stand as
initially passed and as previously amended.
III.
This Ordinance shall be in full force and effect from and
after its passage and publication according to City Charter.
Passed by the City Council of the City of Lino Lakes this
14th uay of M6 y.
Marilyn Anderson, Clerk Treasurer
Harold L. Bisel, Mayor
Council Member Bohlanen introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 15 - 90
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR SUNRISE MEADOWS AND
SURROUNDING AREAS
WHEREAS: contracts have been awarded for improvement of
Sunrise Meadows and adjacent area (sanitary sewer,
watermain, streets and drainage) and the contract
price for such improvement is $738,724.00 and the
expenses incurred or to be incurred in the making
of such improvement amount to 225,189.00, and
WHEREAS: it is the policy of the City of Lino Lakes to add
area charges and unit charges and trunk charges to
the assessment for said improvements, said area
charges amount to $29,141.00, said unit charges
amount to $236,600.00, said storm trunk charges
amount to $66,189.00, said sanitary sewer trunk
charges amount to $48,487.00 and said water main
trunk charges amount to $40,790.00 so that the
total cost of the improvement will be
$1,385,120.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. iThe portion of the cost of such improvement to be paid
by future connections is hereby declared to be
$157,178.00 and the portion of the cost to be assessed
against benefited property owners is declared to be
$1,227,942.00.
2. Assessments shall be payable in equal annual
installments extending over a period of fifteen (15)
years, the first installments to be payable on or before
the first Monday in January, 1991, and shall bear
interest at the rate of nine and four tenths (9.4 %) per
' cent per annum from the date of the adoption of the
assessment resolution.
3. The City Clerk, with the assistance of the City Engineer
shall forthwith calculate the proper amount to be
specially assessed for such improvement against every
assessable lot, piece or parcel of land within the
district affected, without regard to cash valuation, as
PAGE 1
1
Resolution No. 15 - 90
provided by law, and she shall file a copy of such
proposed 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 23th day of April, 1990.
Harold L. Bisel, Mayor
Marilyn G. Anderson, Clerk - Treasurer
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Neal upon vote being
taken thereon, the following voted in favor: Bohjanen, Neal,
Bisel
The following voted against same: None
Whereupon the resolution was declared duly passed and
adopted.
PAGE 2
29
Council Member Bohjanen introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 16 - 90
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR SUNRISE
MEADOWS AND SURROUNDING AREAS
WHEREAS: by a resolution passed by the Council on April 23,
1990, the City Clerk was directed to prepare a
proposed assessment of the cost of improving
Sunrise Meadows and the surrounding area, and
WHEREAS: the Clerk has notified the Council that such
proposed 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 29th day of May,
1990, 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 reference to such assessment.
2. The City Clerk is hereby directed to cause a notice
of the hearing on the proposed assessment to be
published 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 hearings.
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 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
PAGE 1
1
Resolution No. 16 - 90
October 15 or interest will be charged through
December 31 of the succeeding year.
Adopted by the Council of the City of Lino Lakes this 23th
day of April, 1990.
Mar
Anderson, Clerk- Treasurer
ti,d/X
Harold L. Bisel, Mayor
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Neal upon vote being
taken thereon, the following voted in favor: Bohjanen, Neal,
Bisel
The following voted against same:
None
Whereupon the resolution was declared duly passed and
adopted.
32 -
CITY OF LINO LAKES
RESOLUTION NO. 18 - 90
RESOLUTION ACCEPTING BID FOR SECOND AVENUE.
WHEREAS: pursuant to an advertisement for bids for the
improvement of Second Avenue from Elm Street to
Lake Drive, bids were received, opened and
tabulated according to law, and the following bids
were received complying with the advertisement:
NAME & ADDRESS AMOUNT OF BID
Arnt Construction
2190 Phelps Road
Lino Lakes, Mn. 55038
Glenn Rehbein Excavating
7309 Lake Drive
Lino Lakes, Mn. 55014
Forest Lake Contracting
14777 Lake Drive
Columbus Township, Mn. 55025
$574,522.95
$592,454.90
$594,866.45
AND WHEREAS, it appears that Arnt Construction of 2190
Phelps Road, Lino Lakes, Minnesota is the lowest
responsible bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. The Mayor and the Clerk are hereby authorized and
directed to enter into the attached contract with Arnt
,Construction of Lino Lakes, Minnesota for the
improvement of Second Avenue according to the plans and
specifications therefor 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
retu.r.n 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 Lino Lakes City Council this ?3rd day of -
April, 1990.
Marily/ f Anderson, Clerk- Treasurer
m.v,e e,/
rold L. Bisel, Mayor
1
1
1
Council Member Bohlanen introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 19 - 90
RESOLUTION PROCLAIMING LOYALTY DAY
WHEREAS: The citizens of this City are extremely proud of
this Nations more than 200 year Heritage of Freedom
and are loyal to the ideals, traditions and
institutions which have made our nation so great,
and
WHEREAS: Their obvious dedication to our way of life is
indicative of a strong, continued desire to
preserve the priceless American heritage, and
WHEREAS: They will be proud to stand up and publicly decla
their determination toward actively and positivel
safeguarding our freedoms against any foreign or
domestic enemies, now
THEREFORE, I HAROLD L. BISEL, Mayor of the City of Lino
Lakes, hereby call upon all my fellow citizens to take f
advantage of the special occasion known as LOYALTY DAY,
celebrated annually throughout the nation on the first d
May, as an incentive for every true American to reaffir
and her love of Flag and Country, and I urge that all
individuals, schools, churches, organizations, bus?n__
establishments and homes within my offici9' „�asdicti
display proudly the Flag of the_Uxlitir ates o.f Amer
particioat- in ;,��'__ Yatri -otic LOYALTY DAY activitie
.. c be co- sponsored by the lie-;:eras .'f Foreign War
United States, and other, i LOYALTY DAY, May ':y 199
Adopted by the Lino Lakes City Council this 23rd da
April, 1990
a old L. Bisel, Ma
yor
re
y
ag of
m his
on
Amer" and
s which
s of the
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33
34
RESOLUTION 19 - 90
. Anderson, Clerk- Treasurer
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member Neal upon v being
taken thereon, the following voted in favor: Bohjane,Neal,Bi el.
The following voted against same: None
Whereupon the resolution was declared duly passed and
adopted.
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Council Member Bohj_anen introduced the following
resolution and moved it adoption:
CITY OF LINO LAKES
RESOLUTION NO. 20 - 90
RESOLUTION REVOKING AND ESTABLISHING MUNICIPAL STATE AID
STREETS
WHEREAS: it appears to the City Council of the City of Lino
Lakes that the road hereinafter described as a
Municipal State Aid Street under the provisions of
Minnesota Laws;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lino Lakes that the road described as follows, to
wit:
80th Street From CSAH 21 to East City Limits
be, and hereby is, revoked as a Municipal State Aid Street of
said City subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
FURTHER, BE IT RESOLVED, by the City Council of the City of
Lino Lakes that the road described as follows, to wit:
7th Avenue - 62nd Street (Town Road) to 0.29 Miles South
of Birch Street (CSAH 10)
be, and hereby is, revoked as a Municipal State Aid Street of
said City subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, by the City Council of the City of
Lino Lakes that the road described as follows, to wit:
7th Avenue - 62nd :;srP_.', (Town Road) to 0.29 Miles South
of Birch Street, CSAH 10)
be, and hereby is re- established, relocated, and re-
designated a Municipal State Aid Greet of said City subject
to the approval of the Commissioner of Transportatio of the
State of Minnesota.
BE IT FURTHER RESOLVED, that upon the approval of th
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RESOLUTION NO. 20 - 90
PAGE -2-
Commissioner of Transportation of the designation of said
road or portion thereof, that same be constructed, improved
and maintained as a Municipal State Aid Street of the City of
Lino Lakes to be known as 7th Avenue.
WHEREAS; the City of Lino Lakes has changed the name of 7th
Avenue to West Shadow Lake Drive,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the designation
for 7th Avenue between 62nd Street and Birch Street (CSAH 10)
be changed to West Shadow Lake Drive.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council
of the City of Lino Lakes that the road described as follows,
to wit:
Birch Street - from Centerville Road (CSAH 21) to 21st
Avenue
be, and hereby is established, located, and designated a
Municipal State Aid Street of said City subject to the
approval of the Commissioner of Transportation of the State
of Minnesota.
BE IT FURTHER RESOLVED, that upon the approval of the
Commissioner of Transportation of the designation of said
road or portion thereof, that same be constructed, improved
and maintained as a Municipal State Aid Street of the City of
Lino Lakes, to be know as Birch Street.
BE IT FURTHER RESOLVED, by the City Council of the City of
Lino Lakes that the road described as follows, to wit:
21st Avenue North - Birch Street to Main Street (CSAH
14)
be, and hereby is established, located and designated a
Municipal State Aid Street of said City subject to the
approval of the Commissioner of Transportation of the State
of Minnesota.
BE IT FURTHER RESOLVED, that upon the approval of the
Oommissioner of Transportation of the designation of said
road or portion thereof, that same be constructed, improved
and maintained as a Municipal State Aid Street of the City of
Lino Lakes to be known as 21st Avenue North.
BE IT FURTHER RESOLVED, that the City Clerk is hereby
authorized and directed to forward two certified copies of
this resolution to the Commission of Transportation for his
1
RESOLUTION NO. 20 - 90
PAGE -3-
consideration.
Adopted by the Lino Lakes City Council this 23rd day of
April, 1990.
ATTEST:
Mari Anderson, Clerk- Treasurer.
Harold
. Bisel, Mayor
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Neal upon vote being taken
thereon, the following voted in favor: Neal, Bohjanen, Bisel.
The following voted against same:
none
Whereupon the resolution was declared duly passed and
adopted.
3S
CITY OF LINO LAKES
RESOLUTION NO. 21 - 90
RESOLUTION ABATING 1990 INSTALLMENT OF SPECIAL ASSESSMENTS,
FUND NO. 948 ON PARCELS PIN 28- 31 -22 -12 -0051, 28- 31- 22 -12-
0057 AND 28- 31 -22 -12 -0058
WHEREAS: an assessment was certified to the above mentioned
three parcels for 1990, and
WHEREAS: these three parcels were tax forfeit to the State
of Minnesota and all assessments were previously
cancelled, and
WHEREAS: the parcels were sold at Sheriff's auction in the
fall of 1989, and
WHEREAS: the new property owners have now received property
tax statements with a 1990 assessment installment
included with the property taxes,
NOW THEREFORE, BE IT RESOLVED by the City of Lino Lakes,
Minnesota, as follows:
1. The 1990 installment for Special Assessment Fund No. 948
on Lot 5, Block 8, Lakes Addition No. 3, PIN. 28- 31 -12-
0051 in the amount of $1,162.08; Lot 11, Block 8, Lakes
Addition No., PIN. 28- 31 -22 -12 -0057 in the amount of
$898.00 and Lot 12, Block 8, Lakes Addition No. 3, PIN.
28- 31 -22 -12 -0058 in the amount of $1,109.26 is hereby
abated.
�2. The City Clerk is hereby authorized and directed to
forward a certified copy of this resolution to the
County Auditor of Anoka County for abatement and he is
directed to prepare a "Corrected" 1990 property tax
statement for the above described property.
Adopted by the Lino Lakes City Council this 23rd day of
April, 1990.
Cvc¢�iL-
old L. Bisel, Mayor
Anderson, Clerk-Treasurer
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