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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. PAGE 1 1 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 PAGE 2 COUNCIL MEETING 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 PAGE 3 1 1 1 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 PAGE 4 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 PAGE 5 raid i t h 1 1 1 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 PAGE 6 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 PAGE 7 1 1 1 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 PAGE 8 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. PAGE 9 1 1 1 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 PAGE 10 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 PAGE 11 1 1 COUNCIL MEETING 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 of 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. 1 1 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 35 ' 36 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 1 1