Loading...
HomeMy WebLinkAbout04/13/1992 Council Minutes232' COUNCIL MINUTES CITY OF LINO LAKES COUNCIL MINUTES APRIL 13, 1992 DATE : April 13, 1992 TIME STARTED : 6:32 P.M. TIME ENDED : 8 :35 P.M. MEMBERS PRESENT: Reinert, Neal, Kuether, MEMBERS ABSENT : None Elliott, Bergeson Staff Members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Engineer's, John Powell and Dan Boxrud; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. Oath of Office, John J. Bergeson City Attorney, Bill Hawkins administered the oath of office to newly elected Council Member Bergeson. Mayor Reinert welcomed Council Member Bergeson. Council Member Bergeson said he was happy to be here and happy to work with the Council. He noted that he was sitting in former Council Member Bohjanen's chair. Council Member Bergeson said he hoped he too could make a contribution as former Council Member Bohjanen did in his 17 years on this Council. Agenda Adjustments Mayor Reinert asked that Agenda Item #7D be removed because all the information needed for the Council to consider is not yet available. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson abstaining. ITEM MINUTES: March 9, 1992 DISBURSEMENTS: March 31, 1992 PAGE 1 DISPOSITION Approved Approved 1 1 1 1 7 COUNCIL MINUTES APRIL 13, 1992 April 13, 1992 Approved Centennial Fire Dept. Approved CONSIDERATION OF FINANCE DEPARTMENT RESOLUTIONS: Resolution No. 92 - 60 Closing Certain Projects Within the Interim Construction Fund Based on Recommendations by the City Engineer Resolution No. 92 - 61 Authorizing The Transfer of Funds from the Area and Connection Fund to the Interim Fund Resolution No. 92 - 62 Amending the 1992 General Fund Budget for Adjustments REGULAR AGENDA OPEN MIKE No one appeared under Open Mike. Approved Approved Approved CONSIDERATION OF RECOMMENDATION FROM THE ECONOMIC DEVELOPMENT AUTHORITY STEERING COMMITTEE IN ESTABLISHING A SEVEN (7) MEMBER ADVISORY BOARD Mr. Schumacher explained that the City Council has designated this item a high priority item. He noted that the City Council acting as the Economic Development Authority (EDA) authorized the establishment of an Economic Development Authority Advisory Board. A steering committee composed of Mr. Schumacher, Glenn Rehbein, Gary Uhde and Roger Jensen met and have proposed the following structure and membership for the EDA Advisory Board: 1. Member of the City Council (Appointed by the Council) 2. Member of P & Z Board (Appointed by the Council) 3. Member of local business community - Glenn Rehbein 4. Financial /Accountant - Don Gorowsky 5. Developer - Gary Uhde 6. Architect /Engineer - Brian Wessel 7. Marketing background - Roger Jensen Mr. Schumacher noted that the steering committee felt that the above list represents a good private /public mixture and includes a variety of technical backgrounds. A good representation of landowners, business people and those who have experience in this area have agreed to serve as the Advisory Board. They appear to be eager and aggressive and plan to meet at least twice a month PAGE 2 - 234 COUNCIL MINUTES APRIL 13, 1992 to form an economic development plan for the Apollo Drive area. Mr. Schumacher asked the Council to consider appointing a Council Member and a Planning and Zoning Board Member to the Advisory Board. Council Member Kuether moved to appoint Council Member Bergeson to the Advisory Board. Council Member Elliott seconded the motion. Motion carried with Council Member Bergeson abstaining. Council Member Kuether moved to appoint Planning and Zoning Board Member Al Robinson to the Advisory Committee. Council Member Bergeson seconded the motion. There was a question regarding if Planning and Zoning Board Member Robinson would be available for all meetings. Mr. Schumacher explained that he had spoken with Planning and Zoning Board Member Robinson and noted the extra meetings needed to get the work accomplished. Council Member Kuether explained that if this becomes a problem, the matter can be returned to the Council for further consideration. Voting on the motion, motion carried with Council Member Elliott and Mayor Reinert voting no. Council Member Elliott moved to appoint Glenn Rehbein, Don Gorowsky, Gary Uhde, Brian Wessel and Roger Jensen to the Advisory Board. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Bergeson moved to determine terms of membership for the Advisory Committee at a future work session. Council Member Kuether seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 06 - 92, REZONE SHORES OF MARSHAN LAKE The public hearing and first reading of Ordinance No. 06 - 92 was conducted at the March 23, 1992 regular Council meeting. There were no adverse comments from the public hearing. Council Member Neal moved to adopt the second reading of Ordinance No. 06 - 92. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 06 - 92 can be found at the end of these minutes. PUBLIC HEARING, COUNTY ROAD J (ASH STREET) IMPROVEMENT HEARING Mr. Schneider explained that this matter had been brought to the attention of the City Council previously. A neighborhood meeting was held on February 27, 1992. Resident comments were received at that time and a copy of their comments were given to the Council in their packets. The packets also included a cost PAGE 3 1 1 1 1 COUNCIL MINUTES APRIL 13, 1992 summary and a proposed assessment for each property in Lino Lakes. Mr. Schneider explained that the Council should open the public hearing, accept comments from the audience and close the public hearing. The Council is unable to take action on the matter for 60 days. Mr. Schneider used the overhead projector and made his presentation. He noted that in Lino Lakes there are not many ways to travel either east or west. Ash Street is a common route from I35W to I35E and is widely traveled. The proposal for improvement of this street includes a 52 foot wide curb to curb blacktop surface, stripped for two (2) 12 foot wide driving lanes. The 14 foot wide surface on either side of the driving lanes will be used for turn lanes. When traffic counts reach 8,000 vehicles per day, the driving surface will be stripped for four (4) lanes. Concrete curb and gutter, storm sewer, an eight (8) foot wide trail on the south side and a short sidewalk on the north side is also planned. The estimated total cost of the improvement is $2,500,000.00. The portion of costs assessed to Lino Lakes is estimated to be $40,238.00. If this total amount is then assessed to the affected property owners, the assessment will be $10.32 per front foot. All affected residents were notified of this public hearing and received a notice of proposed assessment based on a five (5) year assessment period. Mr. Schneider noted that all or a portion of the assessment could be revised by the City Council. He also noted that the assessment could be spread over a longer time period. Council Member Kuether asked why the County is insisting that the street be constructed as a four (4) lane street when the residents do not want a four (4) lane street. Mr. Schneider explained that it will be a two (2) lane street and later when the need is proven, be stripped for a four (4) lane street. It would be very expensive to obtain right -of -way and build a two (2) lane street now and expand it in the future. Council Member Kuether asked about people who will loose their front yard when the street is widened. Mr. Schneider explained that this is a County project and the County should be contacting every property owner regarding right -of -way. He noted that he was under the impression that all residents had been contacted about this matter. Council Member Kuether felt the Council should also be concerned about the loss of property of the Lino Lakes residents. She asked that Mr. Schneider obtain a drawing indicating the impact on each property. Council Member Kuether asked how the County deals with property that will incur a PAGE 4 235 236 COUNCIL MINUTES APRIL 13, 1992 considerable impact? Mr. Schneider explained that the County is talking about taking the entire parcel either by negotiation or eminent domain. Council Member Kuether noted that all residents should be aware of the process. Council Member Neal asked what would happen if the property owners petitioned against the improvement? Mr. Hawkins explained that this would defeat the Lino Lakes portion of the improvement and the City would have to decide how to fund the City's portion. Council Member Neal asked why the street would be excavated in the fall and be left unpaved all winter. Mr. Schneider explained that there is a great deal of work to do and allowing the road to sit for the winter will allow the base work completed in the fall to settle. Council Member Kuether said she did not want to see a 50 mph street in this location. Council Member Bergeson asked if there were any options on this improvement. Mr. Schneider explained only the sidewalk which is planned for the north side of the street. He noted that the County has said that if they are not allowed to build the street 52 feet wide, there will be no improvement at all. However, there is not much support for the sidewalk. Council Member Kuether asked why this improvement was not completed prior to the construction of Indian Hills and Royal Oaks? Mr. Schneider explained that the developers should have been aware of this pending improvement. Mayor Reinert noted that the residents of Lino Lakes are being asked to give more right -of -way than those in Shoreview. He asked if there was any way of reducing the right -of -way. Mr. Schneider explained no, and noted that the residents in Lino Lakes get paid by the square foot. He also noted that the impact will be just as great regardless of whether there is a 43 foot or 52 foot right -of -way. Mayor Reinert opened the public hearing at 6:50 P.M. and explained that the comments taken during this public hearing will be limited to comments from Lino Lakes residents. Lee Ora Mielke, 165 Ash Street asked is Mr. Schneider worked for Lino Lakes or Anoka County because he appears to be allowing Anoka County to have 17 feet of right -of -way to do anything they please. She noted that the appraiser has been to her house and she has heard nothing else from him. Ms. Mielke said she felt the traffic count was fabricated and felt the statement that traffic will slow down is not true but it was nice to hear. Ms. PAGE 5 1 1 1 1 1 1 COUNCIL MINUTES APRIL 13, 1992 Mielke wrote comments to Mr. Schneider, Anoka County, talked to Mike Kelly, Doug Fischer, Mr. Erickson many times at many meetings and every time I hear a different reason for doing this improvement. An entirely different reason was presented tonight. Ms. Mielke said she was told that they are going to make it four (4) lanes because the state is paying for the improvement. Now you tell us that Anoka County and Ramsey County will each pay a million. I do not know what to believe anymore. She said she was real tired and thought this was an assessment meeting and that we would have to pay for curbs and gutters because it was appreciating the value of our property. I do not believe that curbs and gutters would appreciate our values after we lose 17 feet of our yard. Mayor Reinert clarified the breakdown of where the money would come from to pay for the improvement of Ash Street. He explained that Anoka County and Ramsey County would both receive County State Aid (CSA) funds for portions of the project that would be eligible for CSA funding. The balance of the costs would be assessed to each city. Mayor Reinert also noted that Mr. Schneider does work for Lino Lakes and he presented figures and facts as they came to him from Anoka County. Dorothy Munoz, 55 Ash Street explained that she lives at the corner of Baldwin Lake Road and Ash Street and she has 50 full grown trees that surround her yard that are about a foot and one half on the inside of the existing right -of -way. She expected that her full front yard will be excavated. Mrs. Munoz said she did not understand why a four (4) lane street would be constructed starting at I35W and then funnelled down at a little bridge over Rice Creek and then expanded to four (4) lanes again to Hodgson Road. She said she would prefer a street similar to the street outside of the City Hall (Main Street) and felt this would be adequate. At this time there are no shoulders on Ash Street that could be used for turn lanes. Mrs. Munoz did not see a problem currently on Ash Street because the only turning was onto residential areas. She said two (2) lanes plus the shoulders would be adequate. Mrs. Munoz expressed concern regarding her trees and felt that other areas are being beautified, but her trees will be completely wiped out. She said the street could be improved very well without four (4) lanes. Oliver Roen, 45 Ash Street explained that he has not been contacted by the County Appraiser although he has tried to contact him twice. He asked at what point is it determined that a lot is substandard because he will have only 20 feet in front of his house. Mayor Reinert said that all questions will be answered at one (1) time later during this public hearing. Frank Crowley, owner of a vacant 500 foot parcel on Ash Street PAGE 6 27 238 COUNCIL MINUTES APRIL 13, 1992 explained that he was under the impression that a street improvement was being made but did not know that an assessment was being considered. He has measured his property and 300 feet of the property is low and probably cannot be developed. Mr. Crowley said he felt that he should not be assessed for the portion that is undevelopable. He also noted that he has not seen any plans for the improvement and guessed that not everyone is as informed as presumed. Mr. Crowley also said he would rather not have the curb along his property. Robert Kohl, 105 Ash Street presented a petition requesting that County Road J be designated a "Natural Preservation Route" according to Chapter 162 of the State -Aid System. He said he was surprised when someone said that everyone has been contacted regarding obtaining right -of -way. Mr. Kohl noted that he owns 500 feet along Ash Street and no one has contacted him. He said he felt that Ash Street west of Highway 49 should be upgraded similar to Ash Street east of Highway 49. There would be a lot less cost. Mr. Kohl did not see any advantage to constructing curb and gutter in the area that is mostly rural and swampy and said he could not see where this was needed. Mr. Kohl noted the traffic counts for Ash Street and said he has never seen a traffic jam. Everyone thinks something should be done with the street, however a four (4) lane street is going to make a road with a lot more traffic. Instead of servicing the traffic that is already there, it will attract a lot more traffic. Karen Braun, 2 Indian Hills Drive, Circle Pines explained that her concern is regarding the five (5) foot wide sidewalk. She said she could not believe that so much money could be spend on a sidewalk that will be used very little and goes nowhere. Ms. Braun said she felt a two (2) lane street would be just fine and she also said a four (4) lane street would drive up the speed of the traffic. Mr. Schneider referred to the question from Oliver Roen, 45 Ash Street regarding whether or not the taking of this additional right -of -way would make his property substandard. Mr. Schneider said he could not see how it could be made substandard. The front of the house will be 20 feet from the right -of -way and set back from the curb 44 feet. There should be no damage to the lot. Mr. Schneider said he was unsure why the County has contacted some residents and not others. He noted that this was not a good practice and he would contact Anoka County on this matter. Thomas Hiely, 676 West County Road J, Shoreview explained that the petition just presented explained that this street could be made a "Natural Preservation Route" and state aid money would still pay for the improvement. It would be a "preservation PAGE 7 1 1 1 1 1 1 COUNCIL MINUTES APRIL 13, 1992 route" because of the wetlands'in the area. There were no other comments from the audience. Mayor Reinert noted that the Council cannot take action on this matter for 60 days. He noted that all options will be considered and explained that the matter was complicated because of the bureaucraties (two (2) counties, three (3) cities) involved and because of the location. Council Member Kuether moved to close the public hearing at 7:35 P.M. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONTINUED HEARING, ZONING ORDINANCE AMENDMENT, ORDINANCE NO. 15 - 91 Mayor Reinert opened the public hearing at 7 :37 P.M. Mr. Schumacher explained that this matter has been before the City Council several times both at regular Council meetings and at work sessions. He noted that the proposed changes are of a "housekeeping" nature to make the ordinance "user friendly" and to eliminate redundancies. Two (2) of the major changes are elimination of the two and one half (2 1/2) acre district as recommended by Metro Council and the addition of a Planned Unit Overlay (PLO) district. A two (2) page document outlining the areas of changes were attached to the packet material. Council Member Bergeson added two (2) other items of change: elimination of pole buildings except possibly of an addition; all new homes require an attached garage. He also asked if all Charter requirements Chapter 3.10 have been complied with regarding ordinance amendments. Mr. Schumacher explained that the ordinance will be published in summary since it is over 200 pages long. Other requirements have been met. Council Member Bergeson noted that the Suburban Residential District with two and one -half (2 1/2) acre lots is being eliminated. He felt that this may be impractical and asked that two and one -half (2 1/2) acre lots be looked at in the near future. Council Member Bergeson felt that some areas of Lino Lakes may be impractical to plat into sewered lots. Mr. Schumacher explained that many matters come back before the Council from time to time and this would not be impractical. No one else wished to speak at this hearing. Council Member Elliott moved to close the public hearing at 7:45 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 8 239 240 COUNCIL MINUTES APRIL 13, 1992 Council Member Elliott moved to adopt the first reading of Ordinance No. 15 - 91 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING, CONTINUED HEARING, APOLLO DRIVE (THIS HAS BEEN RESCHEDULED TO 6:45 P.M., MAY 26, 1992) Mr. Schneider explained that the initial public hearing conducted on March 23, 1992 was continued to get further input from both the business and residential property owners in the area. There has been a meeting with some of the business property owners and also there was an informational meeting with the residential property owners of the Marvy Street neighborhood. Many of the concerns of the business and residential property owners can only be addressed with more detailed plan information. Therefore, it is recommended that the City Council order preparation of plans for the project so that these questions can be addressed in further detail. The plans should be developed by the new public hearing date of May 26, 1992 to the extent that most of these concerns can be adequately addressed. No Council action is required this evening. Mayor Reinert asked that Agenda Items 7F and 7G be considered at this time. Council Member Kuether moved to adopt Resolution No. 92 - 55 Initiating Improvement Project, Apollo Drive. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 55 can be found at the end of these minutes. Council Member Kuether moved to adopt Resolution No. 92 - 56 Ordering Preparation of Plans and Specifications, Apollo Drive. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 92 - 56 can be found at the end of these minutes. Mr. Schneider explained that the adoption of these two (2) resolutions only start the process and has no bearing on ordering the improvement. Mr. Schneider used the overhead projector and gave an overview of the project. One (1) concern expressed by many of the landowners is why Apollo Drive is being proposed as being so close to I35W? It was their feeling that lots should be platted for both sides of Apollo Drive to help pay the assessments. Mr. Schneider said he did not disagree with this idea, however there is a problem is trying to develop an alternative route. Any change in the route would mean that the Correctional Facility fence would have to be moved. He noted that the Correctional Facility is cooperative but explained that it would cost $1,000.00 per foot to move the PAGE 9 1 1 1 1 1 1 COUNCIL MINUTES APRIL 13, 1992 fence. This cost estimate is being verified. There is also a concern with the property at the east end of Apollo Drive. These details will be worked out later. Many concerns of the Marvy Street residents were considered such as the fact that there would be a considerable amount of traffic on a county road, limited access to their own properties, what will happen to the trees on Outlot C, would taking of right -of- way affect the ability to subdivide their property as well as other concerns. The residents along Sunset Road were concerned about how close the new street would come to their homes. The question of what could be done to lessen the impact of the street was considered. There was a suggestion that the City purchase the south 200 feet of each of the Marvy Street lots. What would the financial impact of this be? What would the landscaping plans be? Mr. Schneider said that with the preparation of the plans and specifications for the street, many of these questions could be addressed. The public hearing was moved to May 26, 1992 at 8:08 P.M. All questions will be addressed at that time. ENGINEER'S REPORT, DARRELL SCHNEIDER Resolution No. 92 - 51 Receiving Report and Calling Improvement Hearing on Shores of Marshan Lake for May 26, 1992, 6:50 P.M. Council Member Kuether moved to adopt Resolution No. 92 - 51. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 51 can be found at the end of these minutes. Resolution No. 92 - 53 Terminating the Rice Lake Drive Utility and Street Improvement Project - Council Member Bergeson said that this is a good example of how interest in a project drops off when costs are not affordable. He said he would like to consider how such improvements can be made affordable. Council Member Kuether moved to adopt Resolution No. 92 - 53. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 53 can be found at the end of these minutes. Resolution No. 92 - 46 Accepting the Feasibility Report and Calling Improvement Hearing on Brandywood Estates, Second Addition for May 26, 1992, 7:00 P.M. - Council Member Kuether moved to adopt Resolution No. 92 - 46. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 10 242 COUNCIL MINUTES APRIL 13, 1992 Resolution No. 92 - 46 can be found at the end of these minutes. Resolution No. 92 - 54 Ordering Preparation of Plans and Specifications for Birch Street Tunnel (Rice Lake Elementary School) Council Member Elliott moved to adopt Resolution No. 92 - 54. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 54 can be found at the end of these minutes. Resolution No. 92 - 57 Requesting Anoka County to Enter Into a Cooperative Construction Agreement for Improvements to CSAH 23 (Lake Drive) and to Enter Into An Agreement With Mn /DOT for Turn Back of T.H. 49 From its South Intersection With CSAH 23 North and East to the Correctional Facility - Mr. Schneider explained that the purpose of this resolution was to generate interest from the State of Minnesota and Anoka County because this project has been held up two (2) years. Council Member Elliott moved to adopt Resolution No. 92 - 57. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 57 can be found at the end of these minutes. Resolution No. 92 - 58 Requesting Mn /DOT to Enter Into Cooperative Construction Agreement for Improvements to T.H. 49 (Hodgson Road) From Approximate Road Station 78 +00 North to the Intersection of CSAH 23 (Lake Drive), Along With the Improvement of CSAH 23 (Lake Drive) From the Intersection of CSAH 23 North to the Approximate Road Station 585 +00 - Council Member Kuether moved to adopt Resolution No. 92 - 58. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 58 can be found at the end of these minutes. Resolution No. 92 - 59 Requesting Mn /DOT to Reconvey Excess Rights -of -Way Resulting From Proposed Improvements to T.H. 49 (Hodgson Road) - Council Member Elliott moved to adopt Resolution No. 92 - 59. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 59 can be found at the end of these minutes. Consideration of Bid Opening for Controls and Telemetry System for the Water System - Mr. Schneider explained that bids were received April 9, 1992 and because of the complex nature of this bid, he asked that further consideration of the bid be delayed until the April 27, 1992 Council meeting. No action was necessary. ATTORNEY'S REPORT, BILL HAWKINS PAGE 11 1 1 1 1 1 1 COUNCIL MINUTES APRIL 13, 1992 Consideration of Administrative Policy Regarding the Division of Lots on the West Side of Snow Owl Lane in the Ulmer's Rice Lake Addition Subdivision - Mr. Hawkins explained that the lots in Ulmer's Rice Lake Addition can be subdivided in the same manner as the lots that faced Second Avenue. However, he felt it made no sense to have all lot owners come before the Council and be granted minor subdivisions and variances. Mr. Hawkins proposed that this be handled administratively. He will prepare the policy for Lots 5 through 13, Block 1 and bring it to the next Council meeting for action. Council Member Bergeson expressed concern for those people who have already been through the process and paid fees for the processing of the minor subdivision and variance. Mr. Schneider explained that escrow refunds were issued for all of the unused escrows. Each lot owner did end up paying approximately $225.00. Mr. Schneider felt that all applicants should still be paying the administrative fee but did not see any reason for further staff reports on the matter. Consideration of Condemnation Results on Section 18 and 19 Drainage - Mr. Hawkins explained the procedure that was used to secure the property for the Section 18 and 19 drainage plan. All cases were heard before a six (6) member panel at a jury trial. Last week awards were announced and the result was that the City and the Commissioners results were upheld. The landowners were not happy but they did "have their day in court ". There are still a couple not heard by the court. It is expected that they will be settled in the same manner. Most of the award to the residents have been paid, the balance is now due. OLD BUSINESS Consideration of Recommendation to Hire Mary Kay Wyland - Mr. Schneider noted that there were about 80 applicants for this position. Five candidates were interviewed three (3) times. He noted that there were many very qualified applicants. Mayor Reinert noted that this person will be on a six (6) months probation. Her performance will be re- evaluated at that time. Council Member Bergeson moved to approve Mary Kay Wyland. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Renewal of Gambling License for Centennial Fire Relief Association, Shirley Kaye's - Mrs. Anderson explained that the license had been issued to the Centennial Fire Relief Association last year. However, My- Place -On- The -Lake had closed PAGE 12 24 244 COUNCIL MINUTES APRIL 13, 1992 on July 3, 1992 and the license has been inactive. Council Member Bergeson explained that the Centennial Hockey Association had approached the owner of Shirley Kaye's regarding a pull tab operation. They had received approval from the owner but later the approval was withdrawn. Mrs. Anderson explained that she had not received an application for a gambling license from any other organization. Therefore, regardless of the wishes of the owner, no other organization can use the facility for gambling purposes. Council Member Kuether moved to approve the Centennial Fire Relief Association request for a gambling license renewal at Shirley Kaye's. Council Member Neal seconded the motion. Motion carried unanimously. Common Ground Meeting - Mr. Schumacher explained that another meeting of the Common Ground Committee is scheduled for April 29, 1992 at 6:30 P.M. at the Centennial Fire Station. Each Council Member is asked to submit a survey of issues to Mr. Schumacher. The administrators from the various cities will consolidate the surveys. Council Member Neal moved to adjourn at 8:35 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council held on April 27, 1992. Ma ry y Clerk -Tr . Anderson, asurer Vernon F. Reinert, Mayor PAGE 13 1 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 46 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE IMPROVEMENT OF BRANDYWOOD ESTATES, SECOND ADDITION WHEREAS, pursuant to a resolution of the Council adopted on March 23, 1992 with reference to the improvement of Brandywood Estates, Second Addition, and this report was received by the Council on April 13, 1992, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the Brandywood Estates, Second Addition subdivision in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $191,416.00. 2. A public hearing shall be held on such proposed improvement on the 26th day of May, 1992 in the council chambers of the city hall at 7:00 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor Ma ly G.inderson, Clerk - Treasurer 245 246 RESOLUTION NO. 92 - 46 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 51 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE IMPROVEMENT OF SHORES OF MARSHAN LAKE WHEREAS, pursuant to a resolution of the Council adopted on March 23, 1992 with reference to the improvement of Shores of Marshan Lake, and this report was received by the Council on April 13, 1992, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the Shores of Marshan Lake subdivision in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $683,947.00. 2. A public hearing shall be held on such proposed improvement on the 26th day of May, 1992 in the council chambers of the city hall at 6:50 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor Marilynf,G. Iriderson, Clerk- Treasurer 247 248 RESOLUTION NO. 92 - 51 PAGE -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 Council Member Kuether and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 92 - 53 RESOLUTION TERMINATING THE PROPOSED RICE LAKE DRIVE IMPROVEMENT PROJECT DESCRIBED IN THE NOVEMBER 21, 1991 FEASIBILITY REPORT WHEREAS: The City Council received the feasibility report on the proposed improvement named Rice Lake Drive Improvement Project dated November 21, 1991, and WHEREAS: a public hearing on the proposed improvement was held at the City Hall on January 13, 1992 and all persons desiring to be heard were heard at that time, and WHEREAS: a neighborhood meeting was held with the residents on March 19, 1992 to better inform the residents of the scope and costs of the improvement and to see if alternative and less expensive plans could be developed, and WHEREAS: a majority of the landowners plan to submit a petition against the improvement because the cost of the improvement would be excess, and WHEREAS: the City Charter requires that if a majority of the property owners file a petition against an improvement the City shall not make such an improvement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The improvement known as the Rice Lake Drive Improvement is hereby terminated. Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor 1 Marilyn G. Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 249 • 250 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 92 - 54 RESOLUTION ORDERING PREPARATIONS OF PLANS FOR BIRCH STREET TUNNEL IMPROVEMENT WHEREAS: it has been determined that a tunnel under Birch Street, (CSAH 10) is required to protect the safety of school children walking to the school and park users at the Rice Lake Elementary School site, and WHEREAS: the City of Lino Lakes has been requested to enter into an agreement with Centennial School District No. 12 for the construction and payment of costs for the construction of the tunnel, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council finds and determines that said Birch Street tunnel is necessary to protect the safety of children and adults using the Rice Lake Elementary School and park. 2. The City of Lino Lakes will enter into a letter of agreement with Centennial School District No. 12 for the construction and payment of costs for the construction of the tunnel. 3. Dan Boxrud, SEH is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council the 13th day of Apr ," 1992. Vernon F. Reinert, Mayor Marilyn . Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, 'Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 55 RESOLUTION INITIATING IMPROVEMENT PROCEDURE, APOLLO DRIVE WHEREAS, it is proposed to construct a street running parallel with I35W beginning at Sunset Road and terminating at Lake Drive (County Road 23), and WHEREAS, the City proposes to study whether this street should be constructed as a municipal state aid street or a county state aid street as proposed by Anoka County, and WHEREAS, the City of Lino Lakes proposes to assess the cost of construction and other related costs to the benefitted property owners, pursuant to Minnesota Statutes, Chapter 429 and Chapter 8 of the Lino Lakes City Charter, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: that the proposed improvement be taken under advisement for study and determine whether the improvement should best be made as proposed or in connection with some other improvement. Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none Whereupon said resolution was declared duly passed and adopted. 251 252 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 56 RESOLUTION ORDERING PREPARATIONS OF PLANS FOR APOLLO DRIVE WHEREAS, a certain Resolution No. 104 - 91 was adopted by the Lino Lakes City Council on November 12, 1991 ordering a feasibility report regarding the construction of Apollo Drive, and WHEREAS, a certain Resolution No. 92 - 17 was adopted by the Lino Lakes City Council on February 10, 1992 receiving the report, and WHEREAS, a certain Resolution No. 92 - 50 was adopted by the Lino Lakes City Council on April 6, 1992 call for the improvement hearing scheduled for May 26, 1992, and WHEREAS, a certain Resolution No. 92 - 55 was adopted by the Lino Lakes City Council on April 13, 1992 initiating the construction project, Apollo Drive, WHEREAS, certain questions and concerns raised by the landowners relating to the construction of Apollo Drive can only be answered or alleviated by preparation on plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, 1. The City Council finds is necessary to order the preparation of plans and specifications at this time. 2. John Powell, TKDA is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor Vk mot14. Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. 1 1 1 1 1 RESOLUTION NO. 92 - 56 Page -2- The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 25 , 254 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES .aESOLUTION NO. 92 - 57 RESOLUTION REQUESTING ANOKA COUNTY TO ENTER INTO A COOPERATIVE CONSTRUCTION AGREEMENT FOR IMPROVEMENTS TO CSAH 23 (LAKE DRIVE) AND TO ENTER INTO AN AGREEMENT WITH MN /DOT FOR TURN BACK OF T.H. 49 FROM ITS SOUTH INTERSECTION WITH CSAH 23 NORTH AND EAST TO THE CORRECTIONAL FACILITY WHEREAS, the existing intersection of T.H. 49 and CSAH 23 experiences many traffic accidents each year, and has the highest annual accident total in the City of Lino Lakes, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Lino Lakes has requested Mn /DOT to enter into a Cooperative Agreement for roadway improvements, and an ultimate development plan for the adjacent land has been completed which provides for roadway improvements, and the proposed improvements have been further refined by the City of Lino Lakes, Anoka County and Mn /DOT, and the latest traffic projection for the intersection and adjacent area anticipates 14,500 vehicles per day on Lake Drive by the year 2010, and the anticipated traffic volumes utilizing the T.H. 49 and CSAH 23 intersection meet signalization warrants, and the City of Lino Lakes has determined that due to the anticipated traffic volumes and traffic movements, the proposed street section which will best serve the City, County and adjacent developments is an urban section, and cost sharing formulas exist for Mn /DOT and Anoka County Cooperative Agreements and are further detailed in the attached cost sharing proposal, and the City of Lino Lakes realizes Mn /DOT's desire to turn back T.H. 4 9 from CSAH 23 north to the State Correctional Facility to Anoka county and will support turn back legislation provided the improvements are completed as indicated in this resolution and the remaining section of T.H. 49 (north of station 585 +00) is upgraded subject to Anoka County requirements, and WHEREAS, failure to construct the improvements indicated prior to development of the adjacent property will result in 1 1 1 1 1 1 RESOLUTION NO. 92 - 57 Page -2- insufficient/ roadway facilities requiring costly- measures to provide similar improvements, NOW THEREFORE, be it resolved by the City Council of the City of Lino Lakes, Minnesota: That the City of Lino Lakes requests that Anoka County enter into a Cooperative Construction Agreement for improvements to CSAH 23 (Lake Drive). That the City of Lino Lakes requests Anoka County to enter into an agreement with Mn /DOT for the turn back of T.H. 49 from the southwest intersection with CSAH 23 north and east to the State Correctional Facility. That the improvements to be completed in these agreements shall be recommended in the Level 1 Layout which has been previously discussed by the parties involved. That the attached cost sharing proposal be utilized in determining funding source. Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor Marily G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof : Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 255 COST SHARING PROPOSAL T.H. 49 (Lake Drive) Intersection of CSAH 23 Northeast to Approximate Road Station 585 +00 Improvements Funded by Mn/DOT Thru lanes (4 Lanes) • Turn lanes Shoulders Channelization Median catch basins Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering up to 8% of Mn /DOT's construction cost Intersection Lighting Traffic Signal -1 /4 of total cost Improvements Funded by Anoka County 50% of curb and gutter along outside edges of roadway Construction engineering up to 8% of Anoka County's construction cost Traffic signal -1 /4 of total cost Improvements Funded by City of Lino Lakes 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Right -of -way Design engineering City utilities (sanitary sewer, watermain) relocation and adjustment Construction engineering which exceeds Mn /DOT's and Anoka County's share Construction cost for entrances to future private development Traffic signal -1 /4 of total cost 1 1 1 1 1 COST SHARING PROPOSAL T.H. 49 (Hodgson Road) Approximate Road Station 78 +00 North to the Intersection of CSAH 23 Improvements Funded by Mn /DOT Thru lanes (2 Lanes) Turn lanes Shoulders Channelization Median catch basins Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering up to 8% of Mn /DOT construction cost Intersection Lighting Traffic Signal -1 /4 of Total Cost Improvements Funded by City of Lino Lakes Curb and gutter along outside edge of roadway Contributing flow for storm sewers Right -of -way Design engineering Construction engineering exceeding Mn /DOT's share Construction engineering for city improvements City utility (sanitary sewer and watermain) relocations or adjustments Construction cost of entrances for future private development 257 258 COST SHARING PROPOSAL City of Lino Lakes City Limits to Intersection of T.H. 49 (Hodgson Road) CSAH 23 (Lake Drive) Improvements Funded by Anoka County Thru lanes (4 lanes) Turn Lanes Shoulders Channelization 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering costs up to 8% of Anoka County's construction cost Improvements Funded by the City of Lino Lakes 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations Construction engineering cost less Anoka County's share Design engineering 1 1 1 25s COST SHARING PROPOSAL City of Circle Pines City Limits South and West to Approximate Road Stationing 515 +00 Improvements Funded by Anoka County Thru lanes (4 lanes) Turn Lanes Shoulders Channelization 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering costs up to 8% of Anoka County's construction cost Improvements Funded by the City of Circle Pines 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations Construction engineering cost less Anoka County's share Design engineering related to Circle Pines construction cost Improvements Funded by the City of Lino Lakes Design engineering less Circle Pines share - 260 COST SHARING PROPOSAL CSAH 10 Realignment, Sunrise Drive Cul -De -Sac and Glen View Drive Extension Improvements Funded by Anoka County, for CSAH 10 Realignment; West End of Con- struction to the Intersection of .GSAH 23 - - Thru lanes Turn lanes Shoulders Channelization 50% of curb and gutter along outside edges of roadway • Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering costs up to 8% of Anoka County's construction cost Improvements Funded by City of Lino Lakes 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations and adjustments Construction engineering cost less Anoka County's and City of Circle Pines share of construction cost Right -of -way Design engineering less City of Circle Pines share Improvements Funded by the City of Circle Pines 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations and adjustments Construction engineering cost up to 8% of city construction cost Design engineering relating to construction cost 1 1 1 1 Sunrise Drive Cul -De -Sac Improvements Improvements Funded by the City of Lino Lakes All street construction cost All storm sewer cost Right -of -way cost Design engineering cost Construction engineering cost . Glen View Drive Improvements Improvements Funded by the City of Lino Lakes All street construction cost All storm sewer construction cost Design engineering cost Construction engineering cost Right -of -way 261 262 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES - RESOLUTION NO. 92 - 58 RESOLUTION REQUESTING MN /DOT TO ENTER INTO A COOPERATIVE CONSTRUCTION AGREEMENT FOR IMPROVEMENTS TO T.H. 49 (HODGSON ROAD) FROM APPROXIMATELY ROAD STATION 78+00 NORTH TO THE INTERSECTION OF CSAH 23 (LAKE DRIVE), ALONG WITH THE IMPROVEMENTS OF T.H. 49 (LAKE DRIVE) FROM THE INTERSECTION OF CSAH 23 NORTH TO THE APPROXIMATE ROAD STATION 585 +00. WHEREAS, the existing intersection of T.H. 49 and CSAH 23 experiences many traffic accidents each year, and has the highest annual accident total in the City of Lino Lakes, and WHEREAS, the City of Lino Lakes has requested a Cooperative Agreement on May 29, 1990 for improvements to the intersection, and WHEREAS, an ultimate development plan for the adjacent private property has been completed which provides right -of -way for the proposed highway realignment, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, the proposed improvements have been further refined by the City of Lino Lakes, Anoka county and Mn /DOT, and the latest traffic projection for the intersection and adjacent area anticipates 14, 500 vehicles per day on Lake Drive by the year 2010, and the anticipated traffic volumes utilizing the T.H. 49 and CSAH 23 intersection meet signalization warrants, and the City of Lino Lakes has determined that due to the anticipated traffic volumes and traffic movements, the proposed street section which will best serve the City, County and adjacent developments is an urban section, and WHEREAS, cost sharing formulas exist for Mn /DOT and Anoka County Cooperative Agreements and are further detailed in the attached cost sharing proposal, and WHEREAS, the City of Lino Lakes realizes Mn /DOT desire to turn back T.H. 49 from CSAH 23 north to the State Correctional Facility to Anoka County and will support turn back legislation provided that improvements are completed as indicated in this resolution and the remaining section of T.H. 49 (north of station 585 +00) is upgraded subject to Anoka County requirements, 1 1 1 1 1 RESOLUTION NO. 92 - 58 Page -2- WHEREAS, failure to construct the improvements indicated prior to development of the adjacent property will result in insufficient roadway facilities requiring costly measures to provide similar improvements, NOW THEREFORE, be it resolved by the City Council of Lino Lakes, Minnesota: That the City of Lino Lakes requests that Anoka County enter into a Cooperative Construction Agreement for improvements to CSAH 23 (Lake Drive). That the City of Lino Lakes requests Anoka County to enter into an agreement with Mn /DOT for the turn back of T.H. 49 from the southwest intersection with CSAH 23 north and east to the State Correctional Facility. That the improvements be completed in these agreements shall be as recommended in the Level 1 Layout which has been previously discussed by the parties involved. That the attached cost sharing proposal be utilized in determining funding source. Adopted by the Lino Lakes City Council this 13th day of April, 1992. . Q`. Vernon F. Reinert, Mayor Marilyn G Anderson, Clerk- reasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 2C 264 COST SHARING PROPOSAL T.H. 49 (Lake Drive) Intersection of CSAH 23 Northeast to Approximate Road Station 585 +00 Improvements Funded by Mn/DOT Thru lanes (4 Lanes) .- • Turn lanes Shoulders Channelization Median catch basins Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering up to 8% of Mn /DOT's construction cost Intersection Lighting Traffic Signal -1 /4 of total cost Improvements Funded by Anoka County 50% of curb and gutter along outside edges of roadway Construction engineering up to 8% of Anoka County's construction cost Traffic signal -1 /4 of total cost Improvements Funded by City of Lino Lakes 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Right -of -way Design engineering City utilities (sanitary sewer, watermain) relocation and adjustment Construction engineering which exceeds Mn /DOT's and Anoka County's share Construction cost for entrances to future private development Traffic signal -1/4 of total cost 1 1 1 1 1 1 COST SHARING PROPOSAL T.H. 49 (Hodgson Road) Approximate Road Station 78 +00 North to the Intersection of CSAH 23 Improvements Funded by Mn/DOT Thru lanes (2 Lanes) Turn lanes Shoulders Channelization Median catch basins Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering up to 8% of Mn /DOT construction cost Intersection Lighting Traffic Signal -1 /4 of Total Cost Improvements Funded by City of Lino Lakes Curb and gutter along outside edge of roadway Contributing flow for storm sewers Right -of -way Design engineering Construction engineering exceeding Mn /DOT's share Construction engineering for city improvements City utility (sanitary sewer and watermain) relocations or adjustments Construction cost of entrances for future private development 265 ry 266 COST SHARING PROPOSAL City of Lino Lakes City Limits to Intersection of T.H. 49 (Hodgson Road) CSAH 23 (Lake Drive) Improvements Funded by Anoka County Thru lanes (4 lanes) Turn Lanes Shoulders Channelization 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering costs up to 8% of Anoka County's construction cost Improvements Funded by the City of Lino Lakes 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations Construction engineering cost less Anoka County's share Design engineering 1 1 1 1 1 1 COST SHARING PROPOSAL City of Circle Pines City Limits South and West to Approximate Road Stationing 515 +00 Improvements Funded by Anoka County Thru lanes (4 lanes) Turn Lanes Shoulders Channelization 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering costs up to 8% of Anoka County's construction cost Improvements Funded by the City of Circle Pines 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations Construction engineering cost less Anoka County's share Design engineering related to Circle Pines construction cost Improvements Funded by the City of Lino Lakes Design engineering less Circle Pines share 267 268 COST SHARING PROPOSAL CSAH 10 Realignment, Sunrise Drive Cul -De -Sac and Glen View Drive Extension Improvements Funded by Anoka County for CSAH 10 Realignment; West End of Con- struction to the Intersection of CSAH 23 Thru lanes Turn lanes Shoulders Channelization 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers Grading, turf establishment and erosion control Construction engineering costs up to 8% of Anoka County's construction cost Improvements Funded by City of Lino Lakes 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations and adjustments Construction engineering cost less Anoka County's and City of Circle Pines share of construction cost Right -of -way Design engineering less City of Circle Pines share Improvements Funded by the City of Circle Pines 50% of curb and gutter along outside edges of roadway Contributing flow for storm sewers City utility (sanitary sewer and watermain) relocations and adjustments Construction engineering cost up to 8% of city construction cost Design engineering relating to construction cost 1 1 1 1 1 1 Sunrise Drive Cul -De -Sac Improvements Improvements Funded by the City of Lino Lakes All street construction cost All storm sewer cost Right -of -way cost Design engineering cost Construction engineering cost . Glen View Drive Improvements Improvements Funded by the City of Lino Lakes All street construction cost All storm sewer construction cost Design engineering cost Construction engineering cost Right -of -way 269 270 Council Member Elliott introduced the following resolution and moved its adoption: --CITY OF LINO LAKES RESOLUTION NO. 92 - 59 RESOLUTION REQUESTING MN /DOT TO RECONVEY EXCESS RIGHTS -OF -WAY RESULTING FROM PROPOSED IMPROVEMENTS TO T.H. 49 (HODGSON ROAD) WHEREAS, the City of Lino Lakes has proposed a Cooperative Construction Agreement for improvements to T.H. 49 (Hodgson Road) and these proposed improvements result in excess Mn /DOT rights -of -way, and WHEREAS, the excess rights -of -way combined with the "parcel remainder ", due to the realignment, will result in a parcel of land adequate for development, NOW THEREFORE, be it resolved by the City Council of Lino Lakes, Minnesota: That the City of Lino Lakes requests Mn /DOT to reconvey excess rights -of -way resulting from the proposed improvement to T.H. 49 (Hodgson Road) Adopted by the Lino Lakes City Council this 13th day of April, 1992. Vernon F. Reinert, Mayor Marilyn . Anderson, Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 92- 60 RESOLUTION CLOSING CERTAIN PROJECTS WITHIN THE INTERIM CONSTRUCTION FUND BASED ON RECOMMENDATIONS BY THE CITY ENGINEER. WHEREAS, the following costs for certain projects within the Interim construction fund should be closed into the 1991 Wenzel Farms Improvement project: PROJECT NAME Rice Lake Court TOTAL TRANSFER $2,216.52 Rice Lake Drive $ 135.33 AND WHEREAS, the following project costs within the Interim construction fund for Ware Road, will be closed into the 1991 Reshanau Trunk Improvement project. Total costs to transfer will be $4,000.00, and WHEREAS, the following project costs within the interim construction fund for Elm Street, will be closed by a transfer from the Closed Bond Fund to close out the project. Total Revenue to transfer will be $2,500.00. NOW THEREFORE BE IT RESOLVED, that the following transfers be made retroactively to December 1991. Passed the 13th Marl day of Aril , 1992. Vernon F. Reinert Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: Neal, Reinert, Kuether, Elliott, Bergeson. The following voted against same: none. 271 272 Council member Kuether following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 -61 introduced the RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE AREA AND CONNECTION CHARGE FUND TO THE INTERIM CONSTRUCTION FUND WHEREAS, the improvements to the Minnesota Correctional Facility are complete and assessed, and WHEREAS, there was an addition of an altitude valve included in the expense, and WHEREAS, this valve is a trunk expense, and WHEREAS, the amount amount of this expense was $19,159.00. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized: Increase Decrease Interim Construction (550) $19,159.00 Area and Connection (406) ($19,159.00) Adopted by the City Council of Lino Lakes this 13th day of April, 1992. Vernon F. Reinert - Mayor A J A MarilynUG. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Where upon said resolution was declared duly passed and adopted: 1 1 1 1 Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 92 -62 RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO ACCOUNT FOR THE FOLLOWING ADJUSTMENTS. WHEREAS, council approved $ 23,099.00 in lump sum, cost of living and /or merit salary increases to be taken from the salary contingency fund and disbursed as follows: ADMINISTRATION $ 8,718.00 POLICE- FULL TIME 3,315.00 POLICE -PART TIME RECEPT 358.00 BUILDING INSPECTIONS 1,989.00 PUBLIC WORKS 4,111.00 RECREATION 1,440.00 PARKS 3,168.00 (6 employees) (3 employees) (2 employees) (1 employee ) (3 employees) (1 employee ) (2 employees) TOTAL $ 23,099.00 WHEREAS, an adjustment from the salary contingency fund be allocated to the following departments due to under or over estimated budget figures in the 1992 budget: ENGINEERING SALARIES POLICE. SALARIES POLICE OTHER SALARIES PARKS SALARIES FORESTRY SALARIES TOTAL $ 6,200.00 Under budgeted (1,720.00) Over budgeted ( 970.00) Over budgeted 1,753.00 Under budgeted 3,365.00 Under budgeted 8,628.00 Under budgeted WHEREAS, after the following adjustments are made, the salary contingency fund will have a balance of $ 18,273.00 remaining for any future 1992 salary adjustments (the 49ers contract has not yet been settled). NOW THEREFORE BE IT RESOLVED, that the general fund budget be amended accordingly. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson The following voted against same: none Passed the 13th day of April Marilyn 1992. Vernon F. Reinert, Mayor Anderson, Clerk- Treasurer 27 - 274 ORDINANCE NO. 06 - 92 PAGE -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor: Neal, Reinert, Kuether, Elliott, Bergeson. The following voted against same: None. Whereupon said ordinance was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 06 - 92 AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM MEDIUM DENSITY RESIDENTIAL, (R -3) TO SINGLE FAMILY RESIDENTIAL, (R -1) (SHORES OF MARSHAN LAKE) 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 Medium Density Residential (r -3) to Single Family Residential (R -1), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: South One Half of Lot 1, Auditors Subdivision No. 54 lying easterly of Minnesota State Trunk Highway No. 8 as dedicated, and Lot 7, Auditors Subdivision No. 54 lying easterly of Minnesota State Trunk Highway No. 8 as dedicated. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. 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 13th day of April , 1992. Vernon F. Reinert, Mayor Marilyn( /G. /Anderson, Clerk - Treasurer 275