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HomeMy WebLinkAbout07/13/1992 Council Minutes- 104 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 13, 1992 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Engineer, Dan Boxrud; Consulting Planner, Kyle Brown; Public Works Director, Don Volk; Parks Director, Marty Asleson; Administrative Assistant, Dan Tesch; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. CHANGES IN AGENDA Mr. Schneider indicated that Kyle Brown and not Allan Brixius will be presenting the Planning and Zoning Board items to the City Council. Mrs. Anderson requested that Agenda Item No. 14C Consideration of a Gambling License for Circle Lex Lioness Club for Sandburr Days and Lino Days be removed from the agenda. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Council Work Session, May 20, 1992 Approved Regular Council Meeting, June 22, 1992 Approved DISBURSEMENTS: July 13, 1992 Approved Centennial Fire Department Approved CONSIDERATION OF ACCEPTING WARRANTY DEED FROM PAGE 1 1 1 1 1 COUNCIL MEETING JOANNE D. CHRISTENSEN OPEN MIKE REGULAR AGENDA There was no one to speak under Open Mike JULY 13, 1992 Approved CONSIDERATION OF NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION PROPOSED 1993 BUDGET Mr. Tesch presented the 1993 Budget for the Cable Commission. He noted that the only significant change is the addition of $20,000.00 to the Access Fund Transfer and $2,000.00 to the Government /Legislative Affairs line items. This money is being set aside in the event that negotiations for the take -over of community access proceeds and for lobbying efforts. There is also an increase of 24% of the dollars going back to cities in the form of franchise fees. Mr. Tesch noted that all cities in the North Central Consortium must approve the Commission Budget. Council Member Kuether moved to approve the 1993 North Central Suburban Cable Communications Commission Operating Budget. Council Member Bergeson seconded the motion. Motion carried unanimously. Mr. Tesch indicated that the transfer of ownership of North Central Suburban Cable to the new buyer is proceeding normally. He is impressed with the new company. PARK BOARD REPORT Consideration of Resolution No. 92 - 77 Establishing a Parks and Recreation Board Sub - Committee - Mr. Volk explained that in response to a Council directive to establish a Recreation Committee to create citizen involvement in establishment of programming, the Park Board has drafted Resolution No. 92 - 77. The Park Board recommends adopting the resolution supporting the formation of this sub- committee. Council Member Elliott moved to adopt Resolution No. 92 - 77. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 77 can be found at the end of these minutes. Mayor Reinert asked Mr. Volk to keep the City Council updated regarding the establishment of this sub - committee. Consideration of Resolution No. 92 - 82 Adopting the PAGE 2 105 106 COUNCIL MEETING JULY 13, 1992 Comprehensive Park Plan as Part of the Lino Lakes Comprehensive Land Use Plan - The Comprehensive Park Plan sub - committee and the Park Board prepared the Comprehensive Park Plan that was included in the City Council packets this evening. A public hearing on the Plan was held on July 1, 1992. Public input was very minimal and no changes in the amendment are planned. The process of approval requires that the City Council pass a resolution adopting the Comprehensive Park Plan and then submit it to the Metropolitan Council for their approval and incorporation in the City's overall Comprehensive Land Use Plan. Mr. Volk gave a brief outline of the Comprehensive Park Plan. Council Member Elliott moved to adopt Resolution No. 92 - 82 adopting the Comprehensive Park Plan and Development Guide. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 82 can be found at the end of these minutes. CONSIDERATION OF HIRING DAVE LICHTSCHEIDL AS GENERAL MAINTENANCE /PARK EMPLOYEE Mr. Volk explained that the City Council authorized the establishment of this position during preparation of the 1992 Budget. An advertisement was placed for the position, applications were received, and several candidates were interviewed. Mr. Lichtscheidl has all the qualifications necessary for the position and also has three (3) years experience in this field. Council Member Neal moved to hire David Lichtscheidl as the new General Maintenance /Parks employee. Council Member Kuether seconded the motion. Motion carried unanimously. ENGINEER'S REPORT Consideration of Ordering Ash Street Improvement, Resolution No. 92 - 83 - Mr. Schneider introduced Mr. Paul Ruud, County Engineer and Mr. Mike Kelly, Right -Of -Way Negotiator and explained that they were available to answer questions from the City Council and the public. Mr. Schneider briefly outlined the scope of the improvement noting that it consisted of a 52 foot right -of -way, striped for two (2) lanes with concrete curb and gutter, storm sewer and bike trail on the south side of the roadway. Originally, a sidewalk was planned for an area in Circle Pines. However, it is recommended that this portion of the improvement be deleted. Mr. Schneider noted that a petition has been received and signed PAGE 3 1 1 1 1 1 1 COUNCIL MEETING JULY 13, 1992 by 14 of the 22 affected Lino Lakes landowners against the improvement and against the assessment. It is not proposed to assess any of the Lino Lakes residents for the improvements. It is proposed to enter into a Joint Powers Agreement with Anoka County for construction of the improvement and the Lino Lakes share of the cost would be $23,976.00. The funding would come from the MSA Fund. Mr. Schneider used the overhead projector and showed how the improvement would affect each of the 22 Lino Lakes landowners. He also noted that the other entities affected by the improvement have all ordered the improvement. Bid opening is scheduled for August and the actual construction will begin in late summer. Council Member Neal asked if there was still an opportunity to change the project? Mr. Schneider explained that the improvement is going to happen and the only question now is who is going to pay what. He explained that the Lino Lakes portion will be paid from the MSA Fund and no money will be taken from the General Fund. Council Member Neal noted that most of the residents would like to see less of a road design but this is not an option. Council Member Kuether asked what is the difference between this improvement and the improvement of Main Street. She noted that the residents along Main Street were assessed. Mr. Schneider explained that a petition against the assessment was not received. In addition, the policy regarding the improvement of county roads has been changed. Mr. Schneider noted that there is an advantage to living next to a county road since the county pays the majority of the costs of the improvement. Mr. Ruud outlined the progress of the condemnation actions to acquire right -of -way. He noted that Anoka County will have right of access to the private properties by September 1, 1992. Mr. Kelly explained that negotiations are continuing for acquisition of the need right -of -way. One (1) Lino Lakes resident has accepted the Anoka County offer and Mr. Kelly expected to negotiate about 80% to 85% of the balance. The remainder will go to condemnation for settlement. Council Member Kuether noted that taking some of the lots for the improvement will lessen the value of the property and make the remainder of the lot not as marketable. Mr. Kelly said this is taken into consideration and the landowner is compensated. Council Member Neal asked if the entire street would be under construction for the entire winter season. Mr. Ruud said the street will be maintained for local traffic only. He also noted that it will be completed in segments but was not aware of all PAGE 4 107 108 COUNCIL MEETING JULY 13, 1992 the details of the construction. Mayor Reinert asked if the speed limit would change. Mr. Ruud said not unless the County receives a petition from the affected cities requesting a speed limit study. He explained that normally, not much change in speed is noted after reconstruction. Mayor Reinert asked if the hill just west of Lino Lakes will be reduced. Mr. Ruud said that the design does call for some reduction in elevations in some spots. Council Member Bergeson moved to adopt Resolution No. 92 - 83 Ordering the Improvement of County Road J with the deletion of concrete sidewalk and incorporating the comments of the City Engineer regarding the fact that the residents in Lino Lakes will not be assessed. Council Member Neal seconded the motion. Council Member Neal questioned whether the resolution was the appropriate next step since the citizens petition against the improvement as well as the assessments. Mr. Hawkins explained that the City Council cannot order the project as a 429 project. The resolution should read that the City Council is agreeing with Anoka County that the improvement should continue and the Lino Lakes share of the costs will come from the MSA Fund. Council Member Bergeson withdrew his motion and Council Member Neal withdrew his second. Council Member Bergeson moved to adopt Resolution No. 92 - 83 authorizing the Mayor and the Clerk - Treasurer to enter into a Joint Powers Agreement with Anoka County for the construction of concrete curb and gutter along County Road J in Lino Lakes and the funding will come from the MSA Fund. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 83 can be found at the end of these minutes. Consideration of Resolution No. 92 - 84 Setting the Public Hearing Date for the Vacation of Utility Easement, Reshanau Lake Estates, August 10, 1992, 6:45 P.M. - Mr. Schneider explained that a lift station and force main were previously constructed to provide sanitary sewer service for Reshanau Lake Estates. The construction of the Reshanau Trunk Sewer has replaced the lift station (Fawn Lake Lift Station) with a gravity sewer line. The gravity line is now in use and the Fawn Lane Lift Station has been shut down. There is no further need for the force main to service this lift station. The developer of Birchwood Acres (to the west of Reshanau Lake Estates) has requested that this easement be vacated so that the lots in the Birchwood Acres plat will be free of easements for the old force main. PAGE 5 1 1 1 1 1 1 COUNCIL MEETING JULY 13, 1992 Council Member Neal moved to adopt Resolution No. 92 - 84 setting the public hearing. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 84 can be found at the end of these minutes. Consideration of Resolution No. 92 - 85, Policy for the location of New Development - Mr. Schneider explained that the moratorium on residential construction is scheduled to lapse on July 13, 1992 unless it is extended by the City Council. Resolution No. 92 - 85 recognizes some of the development concerns that needed to be addressed during the moratorium and sets standards to be met by new development. Council Member Kuether moved to adopt Resolution No. 92 - 85. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 85 can be found at the end of these minutes. Consideration of Accepting and Awarding Bids for Utility and Street Improvements, Brandywood Estates, Second Addition, Resolution No. 92 - 86 - Mr. Schneider explained that bids were taken on July 8, 1992 and three bids were received. Mille Lacs Contracting, Inc. submitted the low base bid but the total bid (base plus alternate) was submitted by Bonine Excavating, Inc. The alternate bids add paving of recreation trails in Brandywood Estates and Brandywood Estates, Second Addition to be paid for with bond funds. Both bids were consistent with the Engineer's estimate and with the costs identified in the feasibility study. References were checked for Bonine Excavating, Inc. and found to be acceptable. The Public Works Department and Parks Department indicate that the cost for the alternate is acceptable. Mr. Schneider recommended that the City Council accept the bid and the accompanying alternate from Bonine Excavating, Inc. Council Member Bergeson moved to adopt Resolution No. 92 - 86 awarding the bid with the alternate in the amount of $131,234.56 to Bonine Excavating, Inc. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 86 can be found at the end of these minutes. Consideration of Rejecting Bids for Birch Street Pedestrian Underpass, Resolution No. 92 - 87 - Mr. Schneider explained that two (2) bids were received on July 8, 1992 for the above referenced improvement. The original estimate for the pedestrian underpass anticipated construction prior to or concurrent with school site work improvements. Due to the delay in the decision on whether or not to build the underpass,the school site work actually got completed prior to the underpass going out for bid. Accordingly, construction limits removal and restoration costs increased. Added to the bid package was a trunk water main crossing and a storm sewer repair. The trunk water main crossing PAGE 6 109 110 COUNCIL MEETING JULY 13, 1992 was known to be necessary to serve the Birchwood Acres development, and the cost of this crossing will be paid for out of trunk water funds collected from that development. The storm sewer repair became known immediately prior to bidding and was added to the project as a convenience to the Public Works Department. Upon completion of design, an engineer's estimate was prepared which showed that the bids should have come in around $87,800.00. The low bid of $155,510.00 is significantly above the engineer's estimate. Since Anoka County had requested that Birch Street not be closed during the construction, traffic control became a large portion of the price. Other unit prices were also adversely impacted by maintaining traffic on Birch Street. Since the bid closing Anoka County has now indicated that a detour off of Birch Street would be possible. This would reduce the project cost by about $35,000.00 to $40,000.00. The cost is still significantly above the original estimate and the delay means that the underpass will not be ready for the opening day of school. Mr. Schneider recommended that the bids be rejected and a meeting held with the Centennial School Superintendent to develop a plan for funding the underpass. He will come back to the Council at the next meeting with a recommendation on the matter. Council Member Kuether said that she was very disappointed that the original estimate was so inaccurate. She moved to adopt Resolution No. 92 - 87 Rejecting Bids for Birch Street Pedestrian Underpass. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 87 can be found at the end of these minutes. PUBLIC HEARING, BRANDYWOOD ESTATES, SECOND ADDITION, SPECIAL ASSESSMENTS, RESOLUTION NO. 92 - 81 Mr. Schneider explained that assessments were placed on Outlot A, Brandywood Estates in 1991. It was the intent to spread these assessments to new lots as they were platted in the new outlot. Lots have now been platted in the outlot. Council approval will spread the assessments over the new lots as well as the balance of Outlot A. A schedule of the assessments spread over the new lots was presented to the City Council. Mayor Reinert opened the public hearing at 7:33 P.M. and asked if there was anyone in the audience to speak for or against the assessments. There was no one to speak. Council Member Elliott moved to close the public hearing at 7:34 P.M. Council Member PAGE 7 1 1 1 1 COUNCIL MEETING JULY 13, 1992 Kuether seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 92 - 81 spreading assessments over the newly platted lots and the balance of Outlot A, Brandywood Estates, Second Addition. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 81 can be found at the end of these minutes. PUBLIC HEARING, ADOPTION OF OFFICIAL ZONING MAP TO REFLECT COMPREHENSIVE PLAN AND ZONING TEXT AMENDMENTS, FIRST READING, ORDINANCE NO. 15 - 92 Mr. Kyle Brown, Northwest Associated Consultants, Inc. presented the new zoning map. He noted that the map reflects Comprehensive Plan amendments and all revisions included in the new Zoning Ordinance. Changes in the map include: 1. The Comprehensive Plan Amendment proposes to eliminate the Rural Expansion area from the Comprehensive Land Use map. It also proposes to eliminate the Suburban Residential (S -R) and the Suburban Residential Executive (S -RX) from the zoning map and to change them to Rural (R) and Rural - Executive (R -X). Both these changes are in response to the Metropolitan Council recommendations. 2. The elimination of the Planned Unit Development District (R- 5). A Planned Unit Development Overlay District (PDO) is being proposed. This district would have a base district zoning in addition to the PDO zoning. Currently four (4) areas carry the R -5 zoning and Mr. Brown is recommending that these districts be rezoned appropriately with the PDO as well. 3. The revised Zoning Ordinance provides for a Central Business District (CB). Some areas now zoned General Business (GB) could be rezoned CB. Mr. Brown pointed out property that could be rezoned to CB. 4. The Interchange Study proposed General Business (GB) zoning on the four quadrants of I35E as well as additional GB zoning to the west of Lake Drive. Limited Business (LB) zoning was suggested for the southeast quadrant of Lake Drive and I35W and Shopping Center (SC) zoning was suggested for the northeast quadrant of Lake Drive and I35W. Two (2) areas of Neighborhood Business (NB) zoning were also suggested. Council Member Kuether asked if all property owners have been PAGE 8 112 COUNCIL MEETING JULY 13, 1992 notified of the proposed changes. Mr. Hawkins explained that if the areas are more than five (5) acres in size, notification is not necessary. It was noted that the City Council was not give a copy of the proposed zoning map. Mayor Reinert explained that tonight the City Council would consider the first reading of Ordinance No. 15 - 92 and final action will not be considered for approximately a month or until the new Zoning Ordinance has been published. Council Member Bergeson asked that staff provide a narrative of the changes with the new zoning map. Mayor Reinert opened the public hearing at 7:43 P.M. Joyce Scharpen, 801 Main Street asked Mr. Brown to explain the zoning north of Main Street and west of Lake Drive. Mr. Brown said the area is currently zoned Suburban Residential. It is proposed to eliminate this district and rezone the area Rural. Council Member Bergeson moved to close the public hearing at 7:45 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adopt the first reading of Ordinance No. 15 - 92 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING REGARDING THE REZONE OF BALDWIN LAKE COURT, FIRST READING, ORDINANCE NO. 13 - 92 Mr. Hawkins explained that this hearing was continued from the June 22, 1992 Council meeting because there were not sufficient Council Members present at that meeting. This public hearing was scheduled because of a request from Mr. and Mrs. Paul Howard to rezone a parcel of land they recently purchased from Single Family Residential (R -1) to Manufactured Mobile Home Park District (R -6). This request was originally brought before the Council in 1990 and was denied. After litigation and further discussion with Mr. and Mrs. Howard, a settlement agreement was entered into between the City of Lino Lakes and the Howard's. A new plan was drawn for the area indicating lower density, additional landscaping and additional accesses. This hearing this evening is a formality required by state statute. Council Member Kuether asked how much the density had been lowered. Mr. Hawkins explained two (2) or three (3) units. Council Member Bergeson asked Mr. Hawkins to comment on the revised landscaping plan. Mr. Hawkins explained that the landscaping plan is detailed in the settlement agreement and PAGE 9 1 1 1 1 1 1 COUNCIL MEETING JULY 13, 1992 include a specified number of shade trees and evergreen trees and the buffer on the south is to be similar to that provided on the north side of Brandywood Estates. Mayor Reinert opened the public hearing at 7:50 P.M. Robert Lichtscheidl, 6259 Laurene Avenue said he was against the rezoning and the expansion of the trailer court next to nice homes. He said that there were enough problems on the property which was a farm. Mr. Lichtscheidl said he felt that Hodgson Road was the "gateway" to Lino Lakes and he also said that he felt the expansion would devalue his home. Mr. Lichtscheidl asked if the hearing was just a formality to completing the agreement with Mr. Howard. He also asked why are taxes so high when the area has junk cars and a trailer court. He said he wondered why he paid taxes. Mayor Reinert said that the value of his home dictated what his taxes would be. Also it was his choice as to where he wanted to live. Mr. Lichtscheidl asked Mayor Reinert is he thought the trailer court would enhance the neighborhood. Mayor Reinert said that he did not know the answer to that question, however, this is a means of providing homes. Mr. Lichtscheidl asked why trailer homes were not put in areas where there were $150,000.00 homes? Mayor Reinert said that he would not debate how or where people choose to live. Mr. Lichtscheidl said that he felt there should be a separation in the two (2) zoning. He said he was opposed to the expansion of the trailer court and felt it devalued his property. Mr. Lichtscheidl also felt that zoning was a method of keeping order. Mayor Reinert explained that the state laws make allowances for trailer homes. Paul Zak, 6238 Laurene Avenue said he also disapproved of the trailer court expansion and felt that it would devalue his property. He said he was not against mobile homes if they were placed in an appropriate area. He told the City Council of a trailer court that was unable to carry through on its plans and this caused financial problems for the City of East Bethel. Mr. Zak felt it was wrong for the City to allow the expansion because it may do fine for five (5) to 10 years and then fail. He noted that Mr. Howard was a good manager, but there was no guarantee that he would be here for any length of time. Mr. Zak said that he felt slighted about the expansion proposal. He said no information was given regarding buffers or number of units. He said he was aware of the litigation but felt that could go both ways and suggested a class action lawsuit. Mr. Zak asked what provisions are made in case all of the PAGE 10 113 114 COUNCIL MEETING JULY 13, 1992 provisions of the settlement are not carried out. Mr. Hawkins explained that the settlement contains sufficient leverage. Mr. Hawkins also noted that he was familiar with the situation in East Bethel. He explained that this City has no financial involvement in the expansion of the trailer court. Mayor Reinert recommended that Mr. Zak obtain a copy of the settlement agreement. Council Member Neal gave Mr. Zak his copy. William Morrison, 6297 Hodgson Road said he objected to the expansion because it was very close to his house. He said he has never seen a plan. He also said he would like to expand his business (Dog Kennel) but knew that he could not. He asked why Mr. Howard should be allowed to expand when he could not expand. Mr. Hawkins displayed a sketch of the trailer court expansion plan. It was noted that there will be no trailer units placed to the front of Mr. Morrison's home. Council Member Kuether asked if the lots would be rented or sold. Mr. Howard said they would be rented and the homes would be owned by the resident. He also noted that he requires that a member of the household be one of the homeowners. Mayor Reinert noted the trail system included in the plan. He explained that there will be access to the City trail system from this trail. Mr. Lichtscheidl asked if the buffer trees on the south edge of the expansion area would be placed over the sewer line that goes to the Laurene Lift Station. Mr. Schneider said yes, the sewer line was constructed to withstand trees. Mayor Reinert noted that there would be no access to the trailer court expansion from Laurene Avenue. He explained that all traffic would enter and exit from Hodgson Road. Council Member Neal moved to close the public hearing at 8:13 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Neal moved to approve the first reading of Ordinance No. 13 - 9a and dispense with the reading. Council Member Elliott seconded the motion. Council Member Bergeson asked Mr. Hawkins if the City Council was bound by the settlement agreement. Mr. Hawkins said that the City Council was legally bound to the agreement. PAGE 11 1 1 1 1 1 1 COUNCIL MEETING JULY 13, 1992 Voting on the motion, motion carried unanimously. PLANNING AND ZONING BOARD REPORT Consideration of Resolution No. 92 - 79 Expanding City MUSA Boundaries by 46 Acres VIA Trading Acres - Mr. Brown explained that a Comprehensive Plan Amendment was approved by the City Council in March, 1990 and sent to the Metropolitan Council for their review and approval. He displayed a map that indicated what areas had been deleted from the MUSA and what areas had been added to the MUSA. The Metropolitan Council had approved the Amendment but the City Council never formally adopted a resolution amending the Comprehensive Plan. Adoption of Resolution No. 92 - 79 will complete action on this matter. Council Member Elliott moved to adopt Resolution No. 92 - 79 expanding the MUSA by 46 acres. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 92 - 79 can be found at the end of these minutes. Consideration of Resolution No. 92 - 80 Eliminating the City's Rural Expansion (RE) Land Use Designation and Replacing It With Rural (R) Land Use Designation - Mr. Brown explained that this is another Comprehensive Plan Amendment that was approved by the City Council and the Metropolitan Council but never formally adopted by resolution. Eliminating the ER land use designation and replacing it with Rural means that 2 1/2 lot subdivisions will no longer be granted in this City. Council Member Elliott moved to adopt Resolution No. 92 - 80. Council Member Neal seconded the motion. Council Member Bergeson asked if a 2 1/2 acre lot of record was buildable? Mr. Schneider explained that if the lot was an approve subdivision and recorded by the City Council prior to this date, it would be a buildable lot. Mr. Hawkins explained that if a subdivision had been granted by the City Council and the subdivision not recorded, then the lot would not be buildable. Voting on the motion, motion carried unanimously. Resolution No. 92 - 80 can be found at the end of these minutes. Consideration of Granting a Conditional Use Permit, Planning Department No. 92 - 30 to 7080 Lake Drive - The City Council discussed this matter at a Council Work Session along with the possibility of incorporating an Interim Use Permit procedure into the Zoning Code. After further review and discussion regarding the site in question, the staff has conferred with the City Attorney and elected to consider a broader interpretation of the Zoning Ordinance than originally used. This interpretation would consider that as long as the home remains a single family PAGE 12 115 116 COUNCIL MEETING JULY 13, 1992 residence it continues to be an existing non - conforming use. The addition of a permitted business on the site which is zoned General Business (GB), would bring the property into closer conformance with the intent of the GB classification and thereby be a good use for the site. Mr. Leszinski has submitted an application for a site plan review and conditional use permit to allow a paint stripping business on the site. The site plan indicates a paved parking area which would be adequate to service the use. The business proposed is a one -man operation and Mr. Leszinski has stated that he does not plan on expanding at this time. A play area is proposed to be fenced for his children and he has indicated locations for two (2) proposed signs. The Planning and Zoning Board reviewed the request and recommended approval with the following requirements: 1. Signs be located in conformance with existing Sign Ordinance and proper permits obtained. 2. No exterior storage be allowed on the site including vehicles being serviced. 3. A refuse area be provided and properly screened from the street right -of -way. 4. The site plan submitted be made part of the permit. 5. Proper building permits be obtained for any remodeling, alterations, and /or additions. (Structural changes would require an amended conditional use permit.) Council Member Kuether asked if all such cases will be handled in the same manner in the future. Mr. Brown said that would be the policy. Council Member Kuether moved to approve the site plan and the conditional use permit with the requirements as stated above. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 11 - 92, REPEALING APPENDIX B OF THE LINO LAKES CITY CODE After considerable amount of review and discussion regarding the proper method to enact a new Zoning Code, Mr. Hawkins recommended that the present Zoning Code, Amendment B be repealed and a new Zoning Ordinance be enacted. Publication of a summary of the new Zoning Ordinance will be completed as outlined in the City Charter. PAGE 13 1 1 1 1 1 COUNCIL MEETING JULY 13, 1992 Council Member Neal moved to Ordinance No. 11 - 92 and to Member Bergeson seconded the Ordinance No. 11 - 92 can be SECOND READING, ORDINANCE NO. THE LINO LAKES CITY CODE adopt the second reading of dispense with the reading. Council motion. Motion carried unanimously. found at the end of these minutes. 12 - 92 ENACTING APPENDIX B -1 OF A new zoning code, Appendix B -1 has been prepared by the Planning and Zoning Board and staff. A summary is being prepared for publication as required by the City Charter. Council Member Bergeson asked that the Council receive a copy of the summary prior to is publication for review. Mr. Hawkins explained that the Planning Secretary will be preparing the summary and the City Council will be asked to approve the summary. Council Member Bergeson asked that all significant changes by highlighted. Council Member Elliott moved to adopt the second reading of Ordinance No. 12 - 92. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 12 - 92 can be found at the end of these minutes. CONSIDERATION OF THE FIRST READING OF ORDINANCE NO. 14 - 92 AMENDING THE LINO LAKES CITY ZONING ORDINANCE TO ALLOW THE CITY TO ADD A TWENTY DOLLAR ($20.00) FEE TO SINGLE FAMILY BUILDING PERMITS TO RECOUP COSTS ASSOCIATED WITH GOPHER STATE LOCATES Mr. Schumacher explained that a recent legislative mandate titled Gopher State Locate requires municipalities to be responsible for the administrative and physical inspection of this program. The purpose of this amendment to the State Building Code is to allow the City to recover costs through a $20.00 fee on single family building permits. It is felt that the cost to the actual user is the most equitable way to recover costs. Council Member Neal asked how many staff hours are spent on this program. Mr. Schumacher explained that it varied each day. The plan is to monitor the fee collection for a year and then come back to the City Council with an update. There was discussion regarding placing this fee on other types of permits. Mr. Schumacher suggested limiting the fee to single family home building permits and then adjusting the fee after the one (1) year review. Council Member Neal moved to adopt the first reading of Ordinance No. 14 - 92 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 14 117 118 COUNCIL MEETING JULY 13, 1992 OLD BIISINESS There was no Old Business NEW BIISINESS Consideration of Cabaret License for "Lino Days" and Forgive $20.00 Fee - The annual Lino Days celebration will be held August 14 and August 15. A cabaret license is required because an on- sale beer license is being requested. There have been no problems associated with the previous celebrations. Since this event is associated with the City, waiving the fee has been requested. Council Member Neal moved to approve the Cabaret License for Lino Days and waive the $20.00 fee. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Beer License for "Lino Days" and Forgive $10.00 Fee - A beer license is being requested by the Lino Lions Club for Lino Days. They are also requesting that the fee be waived since the celebration is a City event. A dram shop certificate of insurance is required and has not yet been received. The Clerk will not issue the license until a proper certificate of insurance has been received. Council Member Neal noted that the Police Department has not been notified about the Lino Days event. He moved to approve the beer license contingent upon receipt of the proper certificate of insurance and notification of the Police Department. Council Member Kuether seconded the motion. Motion carried unanimously. Notification of Properties in Lino Lakes That Became Tax Forfeit June 17, 1992 - The Clerk sent the City Council a list of properties that became forfeit as noted. The property owners can redeem their property within the next year. The City Clerk will keep the City Council updated on this matter. No Council action is required. Consideration of Annual Waiver of LMCIT Excess Liability Coverage - Mr. Schumacher explained that by state statute, all cities are given liability immunity up to $600,000.00. The League of Minnesota Cities Insurance allows cities to exceed the $600,000 limit and purchase liability insurance to $1,000,000.00. If this City does not waive the LMCIT excess liability coverage, the City will be insured for $1,000,000.00 at a cost of $4,500.00. Council Member Neal moved to waive the excess liability coverage. Council Member Elliott seconded the motion. Council Member PAGE 15 1 1 1 1 COUNCIL MEETING JULY 13, 1992 Bergeson asked for clarification of the motion. Mr. Hawkins said the enacting this motion would make $1,000,000.00 available to anyone who was hurt in the City. He explained that the City Council did not want to waive the excess liability coverage which would give people the opportunity to collect up to $1,000,000.00. Voting on the motion, motion failed with Council Members Kuether, Bergeson, Elliott and Mayor Reinert voting no. Council Member Elliott moved to not waive the excess liability coverage. Council Member Kuether seconded the motion. Motion carried with Council Member Neal voting no. Mr. Schumacher explained that the City does carry umbrella liability coverage. He added that the insurance policy can always be amended. Consideration of Draft Letter Supporting New Addition to VFW - Mr. Schumacher drafted a letter in support of a proposed new addition to the Circle Lex VFW to be constructed with gambling proceeds. Council Member Neal asked that a sentence be added saying that staff or Council Members would be available to present testimony if needed. After further discussion, Council Member Kuether moved to approve the draft letter as presented. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn at 8:50 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and accepted at a regular meeting of the City Council on July 27, 1992. Marilyn, . Anderson, Vernon F. Reinert, Clerk- Treasurer Mayor PAGE 16 119 120 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 77 RESOLUTION ESTABLISHING A PARKS AND RECREATION BOARD SUB COMMITTEE According to the objectives as set forth in the Lino Lakes Parks and Recreation Comprehensive Plan; WHEREAS, it shall be an objective of the City of Lino Lakes to provide recreational programs which adequately address the recreational desires of all segments of the community including children, teens, adults, elderly, and the handicapped. WHEREAS, it shall further be an objective of the City to support and encourage a wide diversity of recreational interests within the community. WHEREAS, it shall further be an objective of the City to administer programs on a fair and equitable basis to ensure all individuals and groups receive adequate representation and opportunity. WHEREAS, it shall be a policy to identify principals and standards that apply uniformly to all programs, sites, and facilities. The set of principals and standards shall: a. Identify the program objectives and facility needs for specific activities. b. Provide for all levels of ability. c. Develop programs which effectively meet program objectives. d. Ensure that adequate funding, staff and facilities are available to carry -out specific programs. e. Undertake a seasonal review of the effectiveness of specific programs and activities. (Programs which are not effective should be eliminated.) WHEREAS, Leadership and Code of Conduct guidelines relating to each activity group and program shall be developed for the purpose of defining acceptable and appropriate actions and behavior of individuals responsible for overseeing specific programs and activities. 1 1 1 1 WHEREAS, People activities - not functional processes - shall be developed: meaning that the program should be developed to fit the needs of the people versus the people fitting into a predetermined program. WHEREAS, An ongoing communication /information system shall be established between all groups for the purpose of broadening recreational interests. A variety of communication formats shall be used to inform the public of the programs, functions, facilities, offered all members of the partnership. WHEREAS, A program review board consisting of program administrators shall be established to review and evaluate program strengths and weaknesses and make recommendations for improvements. WHEREAS, Income from fees and charges shall be used to support the continuance and development of recreation programs. Programs shall strive to be cost effective and self supporting where possible. NOW THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby establish a Recreation Advisory Committee to the Parks and Recreation Board. BE IT FURTHER RESOLVED, that a member of this committee shall be a liaison to, and a member of the Parks and Recreation Board. BE IT FURTHER RESOLVED, that all interests and groups shall be represented on this Advisory Committee, and that quite possibly, certain sub committees may operate off of this Advisory Committee. BE IT FURTHER RESOLVED, that this sub subcommittee shall meet one time per month on a regular basis. Adopted by the Lino Lakes City Council on this 22nd day of June, 1992. Vernon F. Reinert, Mayor i Atilyr' G. 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: 121 122 CITY OF LINO LAKES RESOLUTION NO. 92 -79 RESOLUTION EXPANDING CITY MUSA BOUNDARIES BY 46 ACRES VIA TRADING ACRES WHEREAS, it was determined that landowners and /or developers of 570 acres want urban development and as a result need urban services, and WHEREAS, it was determined that landowners of 524 acres have no interest in urban development or receiving urban services and that this area should be taken out of the MUSA, and WHEREAS, it was determined that the MUSA boundary should be extended by trading the above acreage for a net increase of 46 acres, and WHEREAS, the City of Lino Lakes has submitted a Comprehensive Plan Amendment to the Metropolitan Council outlining these requested changes, and WHEREAS, the City of Lino Lakes Comprehensive Plan Amendment has been reviewed by the Metropolitan Council Staff and recommended for approval to the Metropolitan Council, and WHEREAS, the Metropolitan Council adopted its staff report and findings and approved the Lino Lakes Metropolitan Urban Service Area (MUSA) land trade and the MUSA extension of 46 acres, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: 1). That the trade of acreage be enacted that results in a 46 acre net extension of the MUSA. 2). That the 524 acres not interested in urban development be removed from the City Map as being within the MUSA. 3). That the 570 acres that have shown an interest in urban development be added to the City Map as being within the MUSA. Adopted by the Lino Lakes City Council this 22nd day of June, 1992. 1,1 Vernon F. Reinert, Mayor ilyr G. Anderson, Clerk- Treasurer 1 1 1 123 PROPOSED MUSA 124 CITY OF LINO LAKES RESOLUTION NO. 92 -80 RESOLUTION ELIMINATING THE CITY'S RURAL EXPANSION (RE) LAND USE DESIGNATION AND REPLACING IT WITH RURAL (R) LAND USE DESIGNATION WHEREAS, it has been determined that the Lino Lakes policy of allowing residential development of more than one unit per ten acres is not in conformance with the Metropolitan Council's rural residential density policy, and WHEREAS, the City of Lino Lakes would like to be in conformance with the Metropolitan Council's rural residential density policy and its intent which is: 1. preserve agricultural land and activities 2. preserve the "rural character" 3. protect the natural environment 4. avoid excessive, costly local service demands that are a result of development 5. avoid premature extension of metropolitan services and facilities, particularly sanitary sewer facilities 6. allow for urban uses that require isolated, spacious rural location. WHEREAS, the City of Lino Lakes has submitted a Amendment to the Metropolitan Council, and WHEREAS, the City of Lino Lakes Comprehensive been reviewed by the Metropolitan Council Staff approval to the Metropolitan Council, and Comprehensive Plan Plan Amendment has and recommended for WHEREAS, the Metropolitan Council adopted its staff report and findings and approved the Lino Lakes Comprehensive Plan Amendment changing the Rural Expansion (RE) land use area and replacing it with the Rural (R) lane use area, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: That the Rural Expansion (RE) land use designation on the City of Lino Lakes Comprehensive Plan shall be changed to a Rural (R) land use area designation, as approved by the Metropolitan Council. Adopted by the Lino Lakes City Council this 22nd day of June, 1992 Marilyn Vernon F. Reinert, Mayor �= • Anderson, Clerk- Treasurer 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 81 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF BRANDYWOOD ESTATES, SECOND ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the above improvement of Brandywood Estates, Second Addition, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1993 and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15, or interest will be charged through December 31 of the next succeeding year. 125 126 RESOLUTION NO. 92 - 81 Page -2- 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 13th day of July, 1992. Vernon F. Reinert, Mayor 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. Where upon said resolution was declared duly passed and adopted. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 82 A RESOLUTION ADOPTING THE LINO LAKES COMPREHENSIVE PARK PLAN AS PART OF THE LINO LAKES COMPREHENSIVE LAND USE PLAN WHEREAS: preparation of the revision of the Lino Lakes Comprehensive Land Use Plan is being undertaken in compliance with the Mandatory Land Planning Act; and WHEREAS: the Comprehensive Park Plan has been prepared and thoroughly reviewed by the City Council, WHEREAS: the Comprehensive Park Plan has been subjected to community and neighborhood review and formal public hearing; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Comprehensive Park Plan, a copy of which is attached, is established as the official park development guide for the City of Lino Lakes. 2. The Comprehensive Park Plan is hereby incorporated into the Lino Lakes Comprehensive Land Use Plan. 3. The Comprehensive Park Plan shall be submitted as part of the Lino Lakes Comprehensive Land Use Plan for review and comment to neighboring and affected jurisdictions and the Metropolitan Council. 4. Upon completion of the governmental agency reviews, the Comprehensive Park Plan and other elements of the Lino Lakes Comprehensive Land Use Plan may be modified as decided by the City Council and shall be adopted accordingly. Adopted by the Lino Lakes City Council this 13th day of July, 1992. Vernon F. Reinert, Mayor � � '� (� /tip ` .(rvt �:�- c'' ✓ -t/�LJ Marilyn (. Anderson, Clerk- Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being 1.27 128 RESOLUTION NO. 92 — 82 Page —2— 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. 1 Council Member Bergeson introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 83 RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE IMPROVEMENT OF ASH STREET (COUNTY ROAD J) WHEREAS: a resolution of the City Council adopted on the 9th day of March, 1992, fixed a date for a Council hearing on the proposed street improvement of Ash Street, WHEREAS: ten days' mailed notice and of the hearing was given, thereon on the 13th day of persons desiring to be heard be heard thereon, and two week's published notice and the hearing was held April, 1992, at which all were given an opportunity to WHEREAS: a petition from 14 of the 22 affected property owners was received asking that the improvement not proceed as planned and asking that they not be assessed, and WHEREAS: the Lino Lakes City Charter requires that if a petition from 51% or more of the affected property owners against the assessment id filed with the City, the assessment shall not be made, and WHEREAS: it is the consensus of the City Council that the improvement should be completed as proposed by Anoka County, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Assessment of the affected property owners shall not be made at this time. 2. The Mayor and the City Clerk- Treasurer is hereby authorized to enter into a Joint Powers Agreement with Anoka County for the improvement and the Lino Lakes share of the cost shall be $23,976.00. The cost will be paid from the MSA Fund. Adopted by the City Council this 13th day-of Iu -1, 1992. a Marfilyn✓G. Anderson, Clerk - Treasurer Vernon F. Reinert, Mayor 129 130 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 1 131 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 -84 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF UTILITY EASEMENT WHEREAS, the previously obtained easement is no longer necessary, and WHEREAS, the City has obtained alternate utility easements in the vicinity, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that a public hearing be set on Monday, August 10, 1992 at 6:45 P.M. to consider vacating the following described utility easement Ten feet on each side of the following described line: Beginning at the northwest corner of Lot 4, Block 3, Rashanau Lake Estates, thence in a westerly direction parallel to and 325 feet south of the centerline of Birch Street, a distance of 183 feet; thence in a northerly direction parallel to and 183 feet west of the west boundary of Reshanau Lake Estates to a point of intersection with a line parallel to and 253 feet south of the centerline of Birch Street; thence in a westerly direction along a line parallel to and 253 feet south of the centerline of Birch street to a point of intersection with a line 23 feet west of the extended centerline of Seventh Avenue; thence in a southerly direction along a line 23 feet west and parallel to the extended centerline of Seventh Avenue to a point of interesection with a line 23 feet south of the extended centerline of Chippewa Trail; thence in a westerly direction along a line 23 feet south of the extended centerline of Chippewa Trail to a point of intersection with the west boundary line of Shenandoa Second Addition and there terminating. Said tract containing 0.77 acres more or less. Adopted by the City Council this 13th day of July, 1992 / Marilyn G. Anderson, Clerk Treasurer Vernon F. Reinert, Mayor The motion for 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 passed and adopted. 132 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 85 POLICY FOR THE LOCATION OF NEW DEVELOPMENT WHEREAS, the City has made a substantial investment in utility and street systems, and WHEREAS, there is a commitment to the Bond holders for the financing of the existing utility and street systems to prioritize revenues from connections to the existing system, and WHEREAS, the City has limited planned sewer capacity as managed by the Metropolitan Waste Control Commission (MWCC) and the Metropolitan Council, and WHEREAS, the City has limited resources in providing services relative to population growth including administration, engineering, public works, police, fire and parks, and WHEREAS, the City is limited by the City Charter in the financing of City Improvements, and WHEREAS, there are limitations to the availability of Municipal State Aid Funds to construct collector streets, and WHEREAS, the extension of utilities beyond the limits of the present system has a significant financial impact on debt borrowing ratios and is more costly than filling in areas already served from an initial cost standpoint as well as operation and maintenance costs over future years, and WHEREAS, in response to the requirements of the City Charter the financing of improvements involves a delicate balance of development effectiveness in comparison to the costs of extending utilities and constructing new streets, and WHEREAS, comprehensive studies and the annual audit have shown and continue to show that the costs of operating the sewer and water system are difficult to balance with the revenue collected from the rate system even though City sewer and water rates are high relative to other Metropolitan Area Cities, 1 1 1 1 1 Resolution No. 92 - 85 Page -2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: That all new developments must be located within the Municipal Urban Services Area (MUSA) as established by the City's Comprehensive Plan, and That all . new developments must be analyzed for their impact on utility and street system costs both from the initial cost standpoint and operation and maintenance, and That a new development shall be allowed to proceed only if the developer can demonstrate: a). That the cost of utility and street extensions can be covered by immediate assessment and, b). That the cost of operation and maintenance of the system will not exceed the normal costs as projected by the water and sewer rate study. c). That an upfront payment or series of payments by the developer would offset any additional costs of installation and /or future operation and maintenance. Adopted by the City Council this 13th day of July, 1992. Vernon F. Reinert, Mayor _, ailyit 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 passed and adopted. 133 134 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 86 RESOLUTION ACCEPTING BIDS FOR THE BRANDYWOOD ESTATES, SECOND ADDITION IMPROVEMENTS WHEREAS: pursuant to an advertisement for bids for the Brandywood Estates, Second Addition Improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Bonine Excavating, Inc. 12669 Meadowvale Elk River, Minnesota 55330 Mille Lacs Contracting, Inc. Rt. #1, Box 136 Wahkon, Minnesota 55386 RO -SO Contracting, Inc. 7137 - 20th Avenue Centerville, Mn. 55038 AND WHEREAS, it appears that Meadowvale, Elk River, Minnesota NOW THEREFORE, BE IT RESOLVED BY LINO LAKES, MINNESOTA: $131,234.56 $133,479.95 $154,416.75 Bonine Excavating, Inc., 12669 is the lowest responsible bidder, THE CITY COUNCIL OF THE CITY OF 1. The Mayor and the Clerk are hereby authorized and directed to enter into the attached contract with Bonine Excavating, Inc., 12669 Meadowvale, Elk River, Minnesota 55330 for the installation of improvements in Brandywood Estates, Second Addition according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $131,234.56. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 13th day of July 1992. Vernon F. Reinert, Mayor 1 1 RESOLUTION NO. 92 — 86 Page —2— Marilyn Gc. 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. 135 136 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 87 RESOLUTION REJECTING BIDS FOR THE BIRCH STREET UNDERPASS IMPROVEMENT WHEREAS: pursuant to an advertisement for bids for the Birch Street Underpass improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Landwehr Heavy Moving 846 South Third Street P.O. Box 1086 St. Cloud, Minnesota 56302 RO -SO Contracting, Inc. 7137 - 20th Avenue Centerville, Minnesota 55038 $156,688.05 $155,510.50 AND WHEREAS, it appears that all bidders exceeded the Engineer's estimate ($87,800.00) by a very large amount, and WHEREAS, all bids far exceed the available funding, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. All bids are hereby rejected. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids. Adopted by the Lino Lakes City Council this 13th day of July, 1992. Mar Ly G.' Anderson, Clerk- Treasurer Vernon F. Reinert, Mayor 1 1 1 1 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. 137 138 Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 11 - 92 AN ORDINANCE REPEALING APPENDIX B ENTITLED ZONING ORDINANCE TO THE LINO LAKES CITY CODE. The City council of the City of Lino lakes ordains: Sec. 1. Zoning Ordinance. Appendix B of the Lino lakes city Code is hereby repealed. Sec. 2. Effective Date. This ordinance shall be effective thirty (3) days after its publication. Passed this 13th day of July , 1992 by the Lino Lakes City Council. Vernon F. Reinert, Mayor ATTEST: L /% Mar y G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert Bergeson, Elliott. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. 1 1 1 1 1 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 12 — 92 AN ORDINANCE ADOPTING APPENDIX B1 ENTITLED ZONING ORDINANCE TO THE LINO LAKES CITY CODE. The City Council of the City of Lino lakes ordains: Sec. 1. Zoning Ordinance. The Lino Lakes City code is amended by adding Appendix B1 as the Zoning ordinance. A copy of Appendix B1 is attached hereto and made a part hereof. Sec. 2. Effective Date. This ordinance shall be effective thirty (30) days after its publication. Passed this 13th day of July , 1992 by the Lino Lakes City Council. ATTEST: J- cv_kcyt. -2 cft/ M ri yn G\ Anderson, Clerk - Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson 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 ordinance was declared duly passed and adopted. 139