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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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:
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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
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PROPOSED MUSA
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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
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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.
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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.
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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
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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.
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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
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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.
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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,
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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.
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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
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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.
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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
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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.
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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.
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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.
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