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HomeMy WebLinkAbout06/13/1994 Council Minutes1 1 1 COUNCIL MINUTES CITY OF LINO LAKES COUNCIL MINUTES JUNE 13, 1994 TIME ..STARTED ............................................... ............................................... ............................................... ............................................... TIME .>ENDED ................ ............................................................. ............................................................. MEMBERSPRESENT: MEMBERS.ABSENT a7une; .........:.::............:. ............................... ............................... ............................... .............................. ............................... 7:22 P. ............................... .............................. ............................... Reinert, None Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Engineer, John Powell; Chief of Police, David Pecchia; Assistant to the City Administrator, Dan Tesch and Clerk -Treasurer Marilyn Anderson. Mayor Reinert explained that the City Administrator, Randy Schumacher is ill this evening as well as the Cable TV camera operator. Mr. Tesch will fill-in for both Mr. Schumacher and the camera operator. ADJUSTMENT TO AGENDA Council Member Kuether asked that the June 13, 1994 Disbursements be taken from the Consent Agenda and placed on the Regular Agenda as item B under Open Mike. Mr. Tesch asked that Resolution No. 33 - 94 be added to New Business as item 9D. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as amended. Council Member Neal seconded the motion. Motion carried unanimously. ITEM DISBURSEMENTS: May 31, 1994 PAGE 1 DISPOSITION Approved 217 ?}3 COUNCIL MINUTES JUNE 13, 1994 Centennial Fire Department (June 2, 1994 and June 6, 1994) Approved REGULAR AGENDA OPEN MIRE Swearing-in New Police Officer, Steven Wagner - Police Chief Pecchia introduced Officer Wagner and briefly outlined Officer Wagner's educational background and work experience. Mayor Reinert administered the oath of office to Officer Wagner. Officer Wagner said it has been a "long haul" getting his education and finally being hired as an officer and he was happy to be at Lino Lakes. Police Chief Pecchia introduced Renee Kaulfus to the City Council. He explained that Ms. Kaulfus is in the new position of office manager with the Police Department. Chief Pecchia briefly described Ms. Kaulfus' skills and background. Mayor Reinert welcomed Ms. Kaulfus. Amy Donlin, 6100 Centerville Road, presented a prepared statement to the City Council. A copy of her statement is in the City Clerk's files. Ms. Donlin is recommending that the City Council consider preparing a City wide survey of the citizens before the Comprehensive Land Use Plan is finalized. The purpose of the survey would be to get citizen input regarding development and the future of the City. Mayor Reinert said that he is in the process of preparing a presentation to the City Council for later this month regarding community unity and citizen involvement. He also noted that he is planning to meet with all City departments early next week to "brain -storm" ideas. These ideas will be brought to the City Council for action. Mayor Reinert said that the City Council would take Ms. Donlin's suggestion under advisement. Diana Turner, 7404 Sunset Avenue, presented a prepared statement to the City Council. A copy of the statement can be found in the City Clerk's file. She noted that she has been a resident of the City for two (2) years and comes from a politically active group in North Minneapolis. Ms. Turner said that she has been watching and waiting for an opportunity to "plug-in" and participate and work in the community. She said that since it has been six (6) years since the City has requested active input from the residents and since the City Charter appears to validate citizen input, it is probably time for another survey. Ms. Turner felt PAGE 2 1 1 1 1 1 1 COUNCIL MINUTES JUNE 13, 1994 that the survey could be revised in a neutral, unbiased fashion manner and the results would be important in completing the Comprehensive Land Use Plan update. Mayor Reinert noted that at times, questions or suggestions are solicited from the residents in the newsletter with very little response. He noted that Ms. Turners suggestions will be taken into consideration. Ms. Turner said that the survey can be useful in making residents more aware of the information in the newsletter. Mayor Reinert thanked Ms. Turner for her presentation. Al DeMotts, 6265 Holly Drive said that both Ms. Donlin and Ms. Turner have brought a very important matter before the City Council. He felt that most residents do not read the newsletter and a residents survey could be a way to get the residents interested in reading the newsletter and eventually get them interested in the City government. June 13, 1994 Disbursements - Council Member Kuether asked about the $325.00 disbursement for the new squad car. Police Chief Pecchia explained that the disbursement was for equipment to change the car from an unmarked squad to a marked squad. Council Member Kuether moved to approve the June 13, 1994 disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT Consideration of Final Plat, Pheasant Hills Preserve, Fifth Addition - Mr. Schneider explained that this property is located on the north side of Birch Street and on the west side of Pheasant Hills Preserve. The subdivision is zoned R -1X and contains 36 lots. The preliminary plat was approved in February, 1994. The utility construction is currently being completed and a development agreement and financial guarantees have been posted with the City for the construction of the project. The staff has reviewed the final plat and recommends approval subject to review of the title commitment by the City Attorney. Council Member Bergeson moved to approve the final plat of Pheasant Hills Preserve, Fifth Addition subject to review of the title commitment by the City Attorney. Council Member Elliott seconded the motion. Motion carried unanimously. ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 31, Accepting Bids for PAGE 3 21,.., - 220 COUNCIL MINUTES JUNE 13, 1994 Country Lakes Estates, Phase I - At the April 25, 1994 City Council meeting, the City Council passed Resolution No. 94 - 29 approving plans and specifications for this project and ordering advertisement for bids. The bids were opened on May 23, 1994 and brought to the May 23, 1994 City Council meeting with a recommendation to delay awarding the bids because there was some concerns regarding easement acquisitions along Birch Street. Staff is recommending that the bid be awarded to the low bidder, Richard Knutson, Inc. with work to begin within the subdivision while easements are obtained along Birch Street. Staff has also worked on a method of allowing the developer to build some model homes and providing sewer service to the model homes and the Living Waters Lutheran Church while easement acquisition proceeds. Mr. Schneider detailed the method of installing a holding tank and then pumping the tank as required. Mayor Reinert asked how many models would be constructed before the construction along Birch Street is complete. Mr. Granger, developer of Country Lakes Estates explained about three (3) model homes are planned and completion of the construction along Birch Street is anticipated to be complete within three (3) months, well before Certificates of Occupancy are requested. Council Member Kuether asked why one bid was more than $250,000.00 more than all the others. Mr. Schneider explained that the bidder is a reputable contractor and does submit a competitive bid when he is really interested in the project. Council Member Neal asked what would happen if that bidder was the only bidder. Mr. Schneider explained that the City Council has the authorization to reject any or all bids and rebid the project. Mr. Schneider said that staff will be monitoring the temporary sewer service situation. Council Member Kuether moved to adopt Resolution No. 94 - 31 Accepting Bids for Phase I, Country Lakes Estates. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 31 can be found at the end of these minutes. Consideration of Resolution No. 94 - 32 Ordering Improvement and Preparation of Plans and Specifications for Hodgson Road Trunk Water Main Improvement - Mr. Schneider explained that this project was initiated by the City Council and a feasibility report was ordered on March 14, 1994. An informational meeting was held with the property owners in the vicinity of the project and a public hearing was held on May 9, 1994. Since that time the developer of Fox Trace, Clyde Rehbein has submitted a PAGE 4 1 1 1 1 1 1 COUNCIL MINUTES JUNE 13, 1994 petition requesting the project and that 50 days of the 60 day waiting period be waived. Assessments for the Fox Trace project are financing the construction of the Hodgson Road Trunk Watermain as the installation of a watermain trunk to the new subdivision is required for adequate water service. No other properties will be immediately assessed. There have been connections provided along Linda Avenue but no assessments will be due until the property owner petitions to connect to the service. Mr. Schneider noted that if the City Council adopts Resolution No. 94 - 32, the City Council will also be authorizing the legal and engineering consultants to proceed with acquisition of easements for the project. Mayor Reinert noted that initially when the construction began, there were some problems for the residents along Linda Avenue regarding access to their properties. Mr. Schneider explained this situation has been resolved and the property owners have been very cooperative and the contractor has also been very accommodating. Council Member Elliott moved to adopt Resolution No. 94 - 32 Ordering Improvement and Preparation of Plans and Specifications for the Hodgson Road Trunk Watermain Improvements. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 94 - 32 can be found at the end of these minutes. CONSIDERATION OF FIRST READING, ORDINANCE NO. 10 - 94 AMENDING THE PERMIT FEE FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM This matter has been delayed and will be placed on the June 27, 1994 City Council agenda. CONSIDERATION OF SECOND READING, ORDINANCE NO. 08 - 94, REGULATING THE USE OF BURGLAR AND SAFETY ALARMS, ESTABLISHING USER'S FEES AND ESTABLISHING A SYSTEM OF ADMINISTRATION Chief Pecchia explained that the FIRST READING was held at the last City Council meeting. The purpose of the ordinance is to protect the public safety services of the City from misuse of public safety alarms and to provide the maximum possible services to public safety alarm users. No comments or corrections have been suggested since the FIRST READING. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 08 - 94. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 5 22 222 COUNCIL MINUTES JUNE 13, 1994 Ordinance No. 08 - 94 can be found at the end of these minutes. CONSIDERATION OF SECOND READING ORDINANCE NO. 09 - 94 AMENDING SECTION 402, MUNICIPAL SANITARY SEWER SERVICE, SUBD. 3, SEWER AVAILABILITY CHARGE The FIRST READING of this ordinance was held at the last City Council meeting. Adoption of the SECOND READING will amend the City Code making it unnecessary to amend the City Code every time the Metropolitan Waste Control Commission increases the Sewer Availability Charge (SAC). No comments or corrections have been proposed since the FIRST READING. Council Member Kuether noted that this is a "housekeeping" item and means that the City Code will not have to be amended each year as in the past. Council Member Elliott moved to adopt the SECOND READING of Ordinance No. 09 - 94. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 09 - 94 can be found at the end of these minutes. CONSIDERATION OF THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST EXCESS LIABILITY INSURANCE COVERAGE Mr. Tesch explained that each year the City has the option of waiving its monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Insurance Trust. This limit of liability insurance is currently $600,000.00 per each occurrence or incident. The City of Lino Lakes does carry an additional $1,000,000.00 in umbrella liability coverage ($1,000,000.00 per occurrence and annual limit) in the event that the limits were ever declared to be unconstitutional. The City of Lino Lakes has never waived its monetary limits on tort liability. Council Member Kuether asked for an explanation of what this means. Mr. Hawkins gave a brief explanation. Council Member Bergeson said that he believed that the City should not waive its monetary limits on tort liability but questioned whether the umbrella protection was adequate. He noted that if the courts ruled that the $600,000.00 limit is unconstitutional, will the umbrella coverage be adequate? Council Member Bergeson asked that staff to bring quotes on higher umbrella limits to the City Council for their consideration. Mayor Reinert asked what is an adequate umbrella amount? Mr. Hawkins explained that if the City was sued for more than PAGE 6 1 1 1 1 1 1 COUNCIL MINUTES JUNE 13, 1994 $1,600,000.00 (tort liability coverage, $600,000.00 plus the $1,000,000.00 umbrella coverage) and the courts ruled that these limits were unconstitutional, the City would have to impose an ad valorem tax on the City to pay for the balance that was awarded by the courts. Mayor Reinert asked that quotes be obtained for additional umbrella coverage. Council Member Kuether felt this is a moral issue and moved to table this agenda item until June 27, 1994. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BUSINESS There was no Old Business. NEW BUSINESS Consideration of Council Minutes from May 23, 1994 - Council Member Kuether moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Elliott abstaining. Consideration of a Cabaret License and On -Sale Non -Intoxicating Liquor License for St. Joseph Parish for Annual August Festival - Mrs. Anderson explained that this is the major fund-raiser for the St. Joseph Parish. Each year a beer license and cabaret license is requested for this event. There have been no reported problems with the festival in the past. Mrs. Anderson also noted that although the application for the cabaret license does not state so, the Parish is planning to hold a dance on Saturday evening just prior to the festival. They were advised to contact the Police Department to arrange for security for this event. Council Member Neal moved to approve the 3.2 Beer and Cabaret Licenses. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Renewal of Liquor, Beer and Dance Licenses for 49 Club, Chomonix Golf Club, J & K Liquors, Ross' Liquors, Shirley Kaye's, Tom Thumb Food Stores and the Circle -Lex VFW, Post #6583 - Copies of applications for renewal of liquor, beer and dance licenses were given to the City Council in their packets. The applications are complete, Mrs. Anderson has verified that all establishments have a resident manager or owner, and that all fees and taxes have been paid to the City. The Chief of Police has been asked to complete an investigation PAGE 7 • ??4 COUNCIL MINUTES JUNE 13, 1994 of each establishment and this information is not available at this time. Mrs. Anderson asked that the City Council approve the renewal applications subject to a positive report from the Chief of Police. Action by the City Council at this time will allow enough time for Mrs. Anderson to send the necessary information to the Liquor Control Board for their approval before the renewal date of July 1, 1994. Mrs. Anderson was asked why applications were not received from Lee's of Lino Lakes. Mrs. Anderson explained that she has talked to the owner and was told that they are trying to get all obligations completed before the renewal date. Mrs. Anderson will bring the applications to the City Council when they are complete. Council Member Elliott moved to approve the liquor, beer and dance licenses for the seven (7) listed establishments contingent upon a positive report from the Chief of Police. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 94 - 33 Setting Public Hearing Date for Vacation of Easement for Roadway Purposes (Fox Trace) - Mr. Schneider explained that the City Council approved the preliminary plat of Fox Trace in January, 1994 with the condition that a portion of roadway easement be vacated prior to the final plat. In order to vacate a roadway and/or easement, the City Council must approve a resolution setting a date for a public hearing on the matter. Resolution No. 94 - 33 calls for a public hearing to be held on Monday, June 27, 1994 at 6:45 P.M. Mr. Schneider noted that there is a street within the Fox Trace plat connecting Ware Road and Fox Trace so this easement is not needed. Council Member Kuether moved to adopt Resolution No. 94 - 33. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 33 can be found at the end of these minutes. Blaine Legion Club - Council Member Neal noted that the Blaine Legion Club is in the process of selling their current building and is looking for a new location. There are seriously considering relocating in Lino Lakes. The facility will contain a supper club and space for large gatherings. Council Member Neal has talked to the Community Economic Development Director regarding this matter. Council Member Bergeson moved to adjourn at 7:22 P.M. Council Member Kuether seconded the motion. Aye. PAGE 8 1 1 COUNCIL MINUTES JUNE 13, 1994 These minutes were considered, corrected and approved at the regular Council meeting held on June 27, 1994. MariYyn C�! Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 9 22 226 Council Member Kuether moved its adoption: introduced the following ordinance and CITY OF LINO LAKES ORDINANCE NO. 08 — 94 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING A CHAPTER TO READ AS FOLLOWS: 508, REGULATING THE USE OF BURGLAR AND SAFETY ALARMS, ESTABLISHING USER'S FEES AND ESTABLISHING A SYSTEM OF ADMINISTRATION The City Council of the City of Lino Lakes hereby ordains as follows: Section 508.01 Scope and Purpose. 1. This section regulates the use of burglar and safety alarms, establishes user's fees and establishes a system of administration. 2. The purpose of this section is to protect the public safety services of the City from misuse of public safety alarms and to provide the maximum possible service to public safety alarm users. Section 508.02 Definitions. For purposes of this chapter, the terms defined in this subsection have the meanings given to them. 1. "Alarm System" means an alarm installation designed to be used for the prevention or detection of burglary, robbery, heat, smoke and fire on the premises which contain an alarm installation. Automobile alarm devices are not an alarm system. 2. "Alarm User" means a person in control of any building, structure or facility wherein an alarm system is maintained. 3. "False Alarm" means an alarm signal eliciting a response by police or fire personnel when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, alarm malfunction, improper installation or the inadvertence of the owner or lessee of an alarm system. The term does not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature or any other conditions which 1 1 1 1 ORDINANCE NO. 08 - 94 are clearly beyond the control of the alarm manufacturer, installer or owner. 4. "Police Communications Center" is the Anoka County Facility used to receive emergency requests for service and general information from the public. 508.03. User Fees. 1. A public safety alarm system that reports more than three (3) false alarms to the City in a single calendar year and that has received notice of such violations will cause the alarm user to be charged a user fee of $50.00 per each false alarm in excess of three (3) false alarms in a calendar year, $100.00 per each false alarm in excess of 10 false alarms in a calendar year and $150.00 per each false alarm in excess of 15 false alarms in a calendar year. 2. An alarm user that is required by the City to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the Police Chief within 10 days of notice by the City of the false alarm charge. Following review and determination by the Police Chief, the decision may be appealed to the City Administrator who will make a final determination as to whether the user is to be charges with a false alarm. 508.04. Payment of Fees. 1. Payment of user fees are paid to the City Clerk - Treasurer within 30 days from the date of notice by the City to the alarm user. Failure to pay the fee will cause the alarm user to be considered delinquent and subject to a penalty of an additional 5% of the unpaid fee for each additional 30 day period that the fee remains unpaid. 2. The City Clerk -Treasurer shall prepare an assessment roll of the delinquent amounts against the respective properties served and deliver the assessment roll to the City Council for adoption on or before October 15th of each year. The assessment roll shall be filed with the Anoka County Auditor by the City Clerk -Treasurer and the County Auditor shall thereupon enter such amount as part of the tax levy on said premises to be collected during the ensuing year. PAGE 2 22/ 22b ORDINANCE NO. 08 — 94 508.05 Alarm Report. 1. If an alarm user has incurred five (5) false alarms within one calendar year, the alarm user shall submit a written report to the Police Chief within ten (10) days after being notified of the fifth false alarm, describing actions taken or to be taken to discover and eliminate the cause of the false alarms. Failure to submit the written report is a violation of this section. 508.06 Administrative Rules. 1. The Police Chief shall prepare such rules as may be necessary for the implementation of this section. 508.07 Confidentiality. 1. Information submitted in compliance with this chapter will be held in confidence and exempt from discovery to the extent permitted by law. 2. Subject to requirements of confidentiality, the Police Chief may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. 508.08 Enforcement and Penalties. 1. Failure or omission to comply with any section of this chapter is a petty misdemeanor as defined by state law. This ordinance shall become effective upon its passage by the City Council and publication as required by the City Charter. Passed by the City Council this 13th da of 1. Marilyn June , 1994 . Anderson, Clerk -Treasurer ernon F. Reinert, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted PAGE 3 1 1 1 Council Member Elliott moved its adoption: introduced the following ordinance and CITY OF LINO LAKES ORDINANCE NO. 09 — 94 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDMENT TO SECTION 402.14, SUBDIVISION 3, (1), SEWER AVAILABILITY CHARGE The City council of the City of Lino Lakes ordains: Section 402.14, Subdivision 3, (1) is amended to read as follows: (1) "There is hereby imposed upon all new sanitary sewer connections to the municipal sanitary sewer system within the City, a sanitary sewer availability charge, to reimburse the City for expenses incurred in the past and to be incurred in the future for making sewage treatment facilities available, based on the sum established annually by the Metropolitan Waste Control Commission." Save as above amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 13th day of June, 1994. Vernon F. Reinert, Mayor ATTEST: 4 Marilyn . 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: Bergeson, Elliott, Neal, Kuether, Reinert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. Council Member Kuether resolution and moved its adoption: 230 CITY OF LINO LAKES RESOLUTION NO. 94-31 introduced the following RESOLUTION ACCEPTING BIDS FOR PHASE I, COUNTRY LAKES ESTATES WHEREAS, Pursuant to an advertisement for bids for Phase I, Country Lakes Estates, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Richard Knutson, Inc. $431,609.50 12585 Rhode Island Avenue South Savage, Minnesota 55378 S.J. Louis Construction 463,323.10 7284 County Road 138, PO Box 1373 St. Cloud, Minnesota 56301 C.W. Houle, Inc. 494,662.10 1300 West County Road 1 Shoreview, Minnesota 55126 Northdale Construction 626,642.00 14450 Northdale Boulevard Rogers, Minnesota 55374 Engineer's Estimate $435,593.90 AND WHEREAS, it appears that Richard Knutson, Inc., Savage, Minnesota, is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Richard Knutson, Inc., of Savage, Minnesota, in the name of the City of Lino Lakes for Phase I, Country Lakes Estates, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 1 1 1 1 2. The City Clerk is hereby authorized and directed to retum 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 City Council this 13th day of June, 1994. ATTEST: 410 Marilyn G. A•:erson Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution Member Neal taken thereon, the following voted in favor thereof: Reinert. The following voted against same: none. Whereupon said resolution was declared passed and adopted. Ber was duly seconded by Council and upon vote being geson, Elliott, Kuether, Neal, 231 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94-32 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR THE HODGSON ROAD TRUNK WATERMAIN IMPROVEMENTS WHEREAS: pursuant to Resolution No. 94-20 of the City Council adopted the 14th day of March, 1994, a report was prepared for this improvement and, WHEREAS: Resolution No. 94-27 adopted the 11th day of April, 1994 fixed a date for a City Council hearing on the following described improvement: HODGSON ROAD TRUNK WATERMAIN WHEREAS: published and mailed notice of the hearing as required by the Lino Lakes City Charter was given and a hearing was held thereon on the 9th day of May, 1994 at which all persons desiring to be heard were given an opportunity to be heard, AND WHEREAS: the petitioner for the improvement has petitioned that fifty (50) of the sixty (60) days waiting period required in Section 8.04, Subdivision 1 of Chapter 8 of the Lino Lakes City Charter, be waived, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. The improvement is hereby ordered as proposed in the Council resolution adopted the 11th day of April, 1994. 2. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of June, 1994. Vernon F. Reinert, Mayor Marilyn G. nderson, Clerk -Treasurer 1 Resolution No. 94- 32 Page -2- 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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none Where upon said resolution was declared duly passed and adopted. JUN 06 '94 88:6 GLENN REHBEIN GOMPAN 2 3 4 IMPROVEMENT PETITION P.02 WE, THE UNDERSIGNED LINO LAKES PROPERTY OWNER, DQ HEREBY. PETITION THE CITY OF LINO LAKES TO INSTALL A TRUNK WATERMAIN FOR THE PROPERTY LISTED BELOW IN ACCORDANCE WITH THE PROVISIONS OF THE LINO LAKES CITY CHARTER AND CHAPTER 429 OF MINNESOTA STATUTES. WE ALSO REQUEST THAT THE CITY OF LINO LAKES WAIVE FIFTY SIXTY (60) DAY WAITING PERIOD AS PROVIDED IN SECTION 8.06 OFT E LINO LAKES CITY CHARTER FOR THE PROPOSED HODGSON ROAD TRUNK WATERMAIN PROJECT. i TOTAL P.02 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 33-94 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF EASEMENT FOR ROADWAY PURPOSES (ON SOUTHERN BOUNDARY OF FOX TRACE PLAT) WHEREAS, the previously dedicated easement is no longer necessary for roadway purposes due to the platting of Fox Trace, and WHEREAS, the City Council approved the Preliminary Plat of Fox Trace with the condition that this 33' roadway easement be vacated, and WHEREAS, both City and the property owner wish this easement to be vacated, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: That a Public Hearing be set for Monday, June 27, 1994 at 6:45 P.M. to consider vacating an easement for roadway purposes on the southern boundary of the Fox Trace Plat from Ware Road westerly to a point 150' easterly of Hodgson Road (T.H. 49). Adopted by the City Council this 13th day of June 993 ;- Vernon F. Reinert, Mayor Marilyn G. Anderson, City -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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution -was declared duly passed and adopted. 23.