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HomeMy WebLinkAbout08/08/1994 Council Minutes1 CITY COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES AUGUST 8, 1994 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Consulting Planner, Alan Brixius; Public Works Superintendent, Don Volk; Consulting Engineers, Brian Bourassa and John Powell;"Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher asked that an item under open mike be added titled, "Appreciation Certificate for Three (3) Part -Time City Employees". CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Council Member Kuether questioned the Disbursement for August 8, 1994 for Holmes and Graven. Mr. Schumacher noted that part of the disbursement is for legal assistance in the Cottage Homes senior housing proposal and the balance is for assistance in preparing the sale of City owned property to UDOR, U.S.A. Mr. Schumacher will get further information on this matter. Voting on the motion, motion carried unanimously. ITEM MINUTES: Regular City Council Meeting, July 25, 1994 PAGE 1 DISPOSITION Approved CITY COUNCIL MEETING DISBURSEMENTS: July 29, 1994 August 8, 1994 Centennial Fire Department REGULAR AGENDA OPEN MIKE AUGUST 8, 1994 Approved Approved Approved Presentation of Plaques to Citizens Who Helped with Toys for Joys (A Non -Profit Organization) Last Christmas - Council Member Neal explained that a number of citizens from the cities of Lino Lakes, Centerville, Circle Pines, Lexington and Columbus Township helped distribute toys and other gifts for Christmas, 1993. As appreciation for their volunteer help, Council Member Neal presented plaques to Mr. Al Weise, President of the Lino Lakes Lion's Club, Robert Chilson, Sheriff Ken Wilkinson, Bill Hammes, Wilma Dohrer, Bill Michaels, Jeanne Kenow, and Ray Johnson. Mr. Johnson accepted his plaque on behalf of the Lino Lakes Lion's Club and noted that their motto is "we serve". The City Council thanked all those who helped to make this program a success. Presentation of Certifications of Appreciation to Three (3) City Employee's - Police Chief Pecchia presented certificates of appreciation to Jeff Bennett, Justin Wagner and Tom Jackson for their assistance in apprehending suspects involved in committing a crime. Chief Pecchia explained that the three (3) employees observed suspicious activity and reported the activity to the Police Department via their car phones. He thanked them for their involvement in community policing. Sheriff Ken Wilkinson, Maintaining Communications Between the Sheriff's Department and the City of Lino Lakes - Chief Pecchia explained that in the nine (9) months that he has been employed by the City, several crimes have occurred that required the assistance of the Sheriff's Department. He received a quick and thorough response to his requests. In addition, a Lino Lakes Police Officer has been trained by the Sheriff's Department to be an investigator and the Lino Lakes Police Department has been able to utilize the Sheriff's Department for field training. Chief Pecchia introduced Sheriff Wilkinson and on behalf of the Lino Lakes Police Department thanked him for his help. Sheriff Wilkinson explained that the major focus of his department is to work well with all local police departments in Anoka County. He said that he has an excellent relationship with the Lino Lakes Police Department and felt that the City Council should be proud of the work of Chief Pecchia and his department. PAGE 2 1 1 1 1 1 1 CITY COUNCIL MEETING AUGUST 8, 1994 Sheriff Wilkinson said that the purpose of his visit this evening is in an effort to maintain good communications and to update the City Council regarding the activities of the Sheriff's Department during the past -year. He outlined several services available through the Sheriff's Department to local police departments. These services include the Criminal Investigation Unit, the Sexual Assault Unit, the Drug Enforcement Unit and the Crime Scene Processing Unit (crime lab). Sheriff Wilkinson noted that crime throughout the County has increased and he expressed concern because five (5) of the eight (8) homicides that occurred in the County were committed by juveniles. He provided details regarding the number of crimes handled by each of the units of his department. Sheriff Wilkinson explained the federally funded program, Minnesota Fugitive Task Force and noted that its responsibility is to seek out and to locate people who have been identified as committing crimes. He noted that many arrests would not have been made if this program were not in place. Sheriff Wilkinson noted two (2) recent technological advances in the crime field. One is computerized finger printing and the other is computerized photo imaging. A data base will be constructed encompassing the entire metro area with these technologies. Sheriff Wilkinson said he was seeking feedback from the City Council and ways to enhance the Sheriff's Department services. Council Member Neal explained he has heard some reference to a prisoner transport program. Sheriff Wilkinson said he has tried to start this program for the last four (4) or five (5) years. He had thought that he could get some federal funding for the program. However, funding is not available. Sheriff Wilkinson said contributions from the Anoka County communities would be needed to support the program. He has included the program in his 1995 budget but was very sure that it would be eliminated. Mayor Reinert noted that the new federal crime bill has funding for crime prevention and the hiring of additional police officers. He was concerned that when the federal government provides funding, it also wants to control the program. Mayor Reinert said he feels it is best to leave law enforcement to local officials. Sheriff Wilkinson said that he is a member of the board of the National Sheriff's Association. This board did not see any strings attached to the program but there are limitations. He noted that all grants have a "sunset clause" so that if the community is to continue the program, the community will have to fund the program. PAGE 3 CITY COUNCIL MEETING AUGUST 8, 1994 The Council thanked Sheriff Wilkinson for coming this evening. Caroline Dahl, 1101 Holly Court said that she was understood that she and other residents of Holly Drive would be on the agenda this evening to talk about zoning issues in her neighborhood. She read from a prepared statement. A copy is in the Clerk's files. Mrs. Dahl said that Mr. Schneider had been asked to talk to her and her neighbors regarding due process. He explained that their request would be discussed at the August 3, 1994 Council work session and then they would be scheduled on the August 10, 1994 City Council agenda. This is due process. Mrs. Dahl continued by saying that when her neighborhood was rezoned from Rural to R-1, due process was not followed and there is no proof that the City Council made an attempt to follow due process. She asked how it is possible that the developers have not worn out their welcome to the staff and the tax payers who are affected by any changes in their immediate neighborhood are told by one of the staff that their welcome is wearing thin. Mrs. Dahl said that she and her neighbors strongly believe that the issues of MUSA, rezoning and due process as outlined in a letter from attorney John Grzybek should be addressed before any Council action is taken on this development. Mayor Reinert said he received a copy of the letter that Mrs. Dahl referred to today. He also said that the City Council spent about an hour and a half talking to the neighborhood about this issue at the Wednesday afternoon work session. The concerns of the neighborhood have not been ignored. Mrs. Sue Walseth, 1101 Holly Drive read excerpts from the letter written by Mr. Grzybek. A copy of this letter can be found in the Clerk's file. Mr. Grzybek is contending that a review of records presented to him indicate that there were procedural irregularities concerning the rezoning of the affected area as well as procedural irregularities concerning MLJSA. He is suggesting that the City conduct a zoning public hearing and then rezone the affected properties to Rural (R). After these proceedings have been completed, then the City Council, after proper notice, conduct another public hearing and seek to rezone the affected properties. Mr. Grzybek is also contending that Mayor Reinert backdated a resolution regarding MUSA changes and is accusing the City Council of engaging in questionable procedural tactics to approve resolutions that have a profound impact on property owners. He also stated that an investigation into the City Council actions on these matter must be completed before any action can be taken by the City Council on development in this area. PAGE 4 1 1 1 CITY COUNCIL MEETING AUGUST 8, 1994 Mayor Reinert noted that the letter read by Mrs. Walseth was hand delivered to the city hall this morning. The City Attorney has not had an opportunity to review the letter. He said he felt some of the allegations mentioned in the letter are inaccurate, especially the allegation that he had signed a backdated resolution. Mayor Reinert referred the letter to the City Attorney for his review and asked for a report on the letter at the next Council meeting. Al DeMotts, 6265 Holly Drive and asked about the status of four (4) petitions that were submitted to the City. He outlined the subject of each petition. Mr. DeMotts was most interested in the petition regarding the reconstruction of Holly Drive and who would pay the costs. Mayor Reinert explained that the petitions have been recognized and the petition regarding improving Holly Drive was discussed and the procedure was outlined at the last Council work session. Mr. DeMotts read a letter regarding cul-de-sac designs. The letter is indicating that there should be four (4) cul-de-sacs for 125 houses. Mr. DeMotts was referring to the Trapper's Crossing proposed plat. The letter also referred to other design issues and safety concerns. Mayor Reinert noted that the preliminary plat for Trapper's Crossing had not yet been approved and these issues would be discussed at the time when the Council is considering the preliminary plat. Christopher Lyden, 6275 Holly Drive asked the City Council for a motion to strike the preliminary plat and PDO rezone request for Trapper's Crossing from the agenda on the grounds that due process has not been followed. He noted that the new plat is dated August 1, 1994 and the last Planning and Zoning Board meeting was July 21, 1994 and since it is an entirely new and different plat, there has not been an opportunity for the people to be heard on it. Mr. Lyden said that he did not understand how this matter got on the agenda since due process has not been followed. Mayor Reinert told Mr. Lyden that Trapper's Crossing is on the agenda, and there will be comments and background information presented by the staff and the developer. At that point, if the Council feels that your request is valid it will be tabled or returned to the Planning and Zoning Board. Mr. Lyden asked Mayor Reinert to outline the steps in bringing a preliminary plat to the City Council. Mayor Reinert said he would not go into detail but noted that the matter would go through the Planning and Zoning Board process and then be forwarded to the City Council for action. Mr. Lyden asked if PAGE 5 CITY COUNCIL MEETING AUGUST 8, 1994 this preliminary plat dated August 1, 1994 went through the Planning and Zoning Board. Mr. Brixius explained that the northern portion of the plat is the same as was presented at the May, 1994 Planning and Zoning Board and the southern portion was received in March and was reviewed and considered by the Planning and Zoning Board. Mr. Brixius stated that what is coming before the City Council this evening is an attempt by the developer to respond to staff comments. The Planning and Zoning Board recommendation was to deny the PDO and go with an R -1X concept. The applicant is pursuing an application for a PDO and in an attempt to get approval is demonstrating compliance with staff recommendations. Mr. Lyden said that he asked a simple question and expected a simple answer. Did this preliminary plat dated August 1, 1994 go before the last Planning and Zoning Board meeting? Mr. Brixius explained that this preliminary plat did go before the Planning and Zoning Board. The August 1, 1994 preliminary plat represents a composite of two (2) plats that were reviewed by the Planning and Zoning Board. The elements of this preliminary plat have been reviewed by the Planning and Zoning Board. What is being presented tonight is the applicants attempt to respond to staffs concerns. A staff report was written based on the June 5, 1994 submission outlining conditions that staff felt was necessary for a PDO approval. The applicant is responding to these conditions in an attempt to get the PDO approved. Mr. Lyden asked if the right procedure is to bring this submittal back to the Planning and Zoning Board and not the City Council. Mr. Brixius explained that the last action by the Planning and Zoning Board was to not recommend approval. Therefore the same application is going forward to the City Council for their consideration and action. Mr. Lyden asked Mr. Landers if he saw this preliminary plat at the last Planning and Zoning Board meeting. Mayor Reinert reminded Mr. Lyden that this is an open mike item and not a public hearing. The staff has answered the question, this is a composite of what has already been before the Planning and Zoning Board. Since the Planning and Zoning Board has recommended denial of the PDO, the applicant has asked to bring the matter before the City Council since this is the only place where final action can be taken. Mr. Lyden said that the neighborhood has not had input into this particular preliminary plat. Mr. Brixius explained again that the recommendation of the Planning and Zoning Board is to deny the PDO application. Before anything else can happen, the first application has to be closed based on action by the City Council. Although the applicant has not received a favorable recommendation by the Planning and Zoning Board, the applicant is still requesting a PDO. Modifications have been made based on the recommendations of the staff and the recommendations are outlined in the March and June staff PAGE 6 1 1 1 CITY COUNCIL MEETING AUGUST 8, 1994 submission. Mr. Lyden said that he heard Mayor Reinert's comments regarding back dating a resolution, however, the minutes reflect that a back dated resolution was signed by Mayor Reinert. He also noted that Mayor Reinert had met with the neighborhood residents for an hour and a half and appreciated this time. He asked that the City Council keep in mind that he and his neighbors are planning on living in their homes a lifetime. Sometimes he wondered who the City Council was listening to. Mr. Lyden said that they asked the Planning and Zoning Board to do the right thing and they listened and did the right thing. The neighbors are also telling the Council to do the right thing. He asked who the City Council is listening to? Mayor Reinert noted that he had a lengthydiscussion on the telephone this afternoon with Mr. Lyden. He explained to him that the City Council has a responsibility to pay the debt for services that are already in the ground. Since the services were constructed to service developments, the Charter does not allow the City Council to use General Fund dollars to pay the bonds. Mayor Reinert asked Mr. Lyden to suggest how else the bonds can be paid. He explained that the Charter cannot be violated and said that he personally felt that the City Council did not violate any laws on matters that have just been raised. Mayor Reinert continued by saying that most of the residents in the City have been affected by new subdivision proposals. The only thing that the City Council can do when someone owns property and proposes a development is to make sure that the ordinances and procedures are followed. The City Council has given this proposal a very, very good examination. Although the neighbors favor the R -1X zoning, there is double protection by putting the PDO zoning in place. Mayor Reinert said he felt the City Council was wrongly chastised and accused of not using due process and also felt that some items in the letter from Mr. Grzybek were wrong. He explained that the City Attorney will examine the letter and there will be a response. Mayor Reinert said he did not want to be accused of doing something he did not do. He has been a responsible Planning and Zoning Board mMmber, Council Member and Mayor. The City Council has an obligation to the tax payers, but must look at the entire big picture when making decisions. Mr. Lyden responded to Mayor Reinert's request for another method of paying the bond debt by saying that maybe it was a mistake to build the sewers and trunk lines. Mayor Reinert said he could not respond to this comment because the facilities were constructed under a different City Council and a different administration. However, the facilities are there and so is a PAGE 7 CITY COUNCIL MEETING AUGUST 8, 1994 bill that has to be paid. Payment of this bill is tied to development in that it will take construction of homes and payment of assessments to meet the debt obligation. The only thing that this City Council can do is to be sure that the development is quality construction. Mr. Lyden said that if the City Council is looking at the PDO, he wanted it understood that all criteria in the code books will be followed when the preliminary plat is approved. He asked for assurances that all criteria, word for word, of the PDO will be used not just what one wants to use. Mayor Reinert said he believed that the criteria should be followed and the citizens had the right to expect that this would happen. However, he noted that the Council members are part-time and rely on staff for their input. He asked that the neighbors work with the City Council and understand that they are not trying "short-change or do something crocked". Mr. DeMotts said he felt that the sewer lines that are already there should already be paid. Mayor Reinert explained that the trunk lines along Birch Street must also be paid. Mr. DeMotts said that the trunk lines had nothing to do with the section along 12th Avenue. Mayor Reinert explained that the trunk lines must be paid as well and told Mr. DeMotts that he was not letting "due process" take place. Mayor Reinert explained the process of "fine tuning" a preliminary plat and said that the City Council has not gotten to this point yet. He expressed concern for the wetlands and noted that a PDO does a good job in identifying the high ground where improvement can be placed. Mayor Reinert said that a R -1X zoning may limit the number of homes, however, the PDO would do more to protect sensitive areas. Mr. DeMotts said that he disagreed with this statement. Harvey Sepanen, 6115 Holly Drive told the City Council that he has lived in this City 20 years. He noted that he is not directly affected by the proposed improvement. He perceived that maybe because of errors in judgement, things have evolved where there is plenty of development and streets, such as Ware Road, which are not adequate. Mr. Sepanen said he hoped that future Council's would learn from past incidences and that future development is handled better than the previous ones. Each particular developer feels that he is being "picked on" because new constraints are placed on the next developments. The developer thinks that if he protests and asks for less than now being requested, maybe the Council will listen to his appeal. He appealed to the City Council to carefully look at all of the supporting details such as the streets. His wish is that it would be R -1X in its entirety because this particular parcel will be literally surrounded by open space. It is different because PAGE 8 1 1 r 1 1 CITY COUNCIL MEETING AUGUST 8, 1994 it will be an island surrounded by open space. Mr. Sepanen referred to two (2) different articles in the Minneapolis paper. One referred to Robinsdale and Brooklyn Center and specifically Brookdale Shopping Center which is experiencing loss of tenants and loss of revenue because the more affluent residents are moving farther to the suburbs leaving residents who are either elderly or less affluent and unable to support businesses who have been in the area for years. The second article deals with another development in another area that has fallen on hard times. The anchor store, J C Penny is leaving the shopping center. This will cause other stores to leave as well. Mr. Sepanen said the point of this that Lino Lakes has been here for many years, however all of the development is taking place between 1990 and 1999. It is possible the same problems will occur here. He preferred to see a more orderly process of development. Mr. Sepanen referred to the state of Massachusetts and noted that there are metropolitan areas in that state that are limiting new building permits each year. They have a long range view. He said he would like to keep his open spaces and he sympathized with his neighbors, however his real wish is that the City Council and subsequent City Council take a longer term view in spite of the fact that there are utilities in the ground that need to be paid. Mr. Sepanen sensed an obligation on the part of the City Council to accept developments. He has heard comments and read articles about "running out of developable land" and "running out of MUSA" and this does not seem to have the right balance or the long term view. Mayor Reinert thanked Mr. Sepanen and his neighbors for their comments. CONSIDERATION OF A PROPOSAL FOR 20/20 VISION, A GUIDE TO LINO LAKES FUTURE, MAYOR REINERT Mayor Reinert explained that he has been bothered by the way the City has been growing and was aware that many citizens had the same feelings. He said he would like to give the residents in Lino Lakes the opportunity that they have been seeking and that is to determine their own future by providing input into a variety of issues that face the City. Mayor Reinert referred to a plan that he is asking the City Council to adopt titled, "20/20 Vision, A Guide to Lino Lakes' Future". Many times "visionary" planning is done by staff and Council in conjunction with the Planning and Zoning Board and other citizen boards. He noted that Lino Lakes has about reached the half way point in its growth potential. There are between 12,000 and 13,000 residents in the City at this time and considering the developable land available for future development, the City will have about 26,000 residents. Mayor Reinert felt that this is probably the best PAGE 9 0 CITY COUNCIL MEETING AUGUST 8, 1994 time to begin the "visionary" process. He noted that Lino Lakes has experienced the community mix of residents in a short period of time. The "new comers" now out number the "old timers". He explained that to his knowledge there is nobody in a policy making position with the City that feels that one group should have an advantage over the other. The expectations of what Lino Lakes should be has produced many different opinions. Many people who have recently moved into Lino Lakes do not know what the community is because of the type of government that is in place. They do not know the true status regarding the City budget, the constraints of the Charter, where dollars come from to operate the many departments of the City government and what the planning process has been in the past. Mayor Reinert said that Lino Lakes is a well planned community and new residents do not know what Lino Lakes was, is or may be in the future. Many members of the current City Council and staff have experienced peaks and valleys in growth and understand how this type of growth relates to staffing, budgeting and changes of philosophy by the different council's. Mayor Reinert said that the City Council has a responsibility to do a better job in projecting future development. He proposed that now is the time -to address the future with the help of the citizens in an "envisioning" project. Mayor Reinert asked the City Council to support his proposal for the "20/20 Vision, A Guide to Lino Lakes' Future" program. He noted that year 2020 is far away and explained that he is looking at developing five (5) year or even three (3) year plans. Mission statements need to be developed with the help of the citizens. The Mission Statements will guide the current City Council as well as all future City Council's. He proposed that this process begin in September, 1994 and be completed in early spring, 1995. In addition he proposed to hire an outside neutral facilitator who will guide the process. The City Council will be removed from the process. Mayor Reinert suggested that the program be started with a forum similar to what started this evening to identify issues currently facing the City and issues that the City will face in the future. This process will take time and enlist the help of as many as 60 citizens. This process has been done by other communities and staff and the facilitator will use examples from other cities to guide them. We have a lot of differences of opinion in this community and these differences must be addressed. The goal of the citizen participation process is to facilitate effective, informed and representative participation of citizens, government officials and citizen initiatives and to provide a channel for communication among citizens, elected officials, staff and other relevant agency representatives and bring about a sense of community. Because of the geographics of the City, the separation due to the line of lakes and the regional park, this PAGE 10 1 1 r 1 CITY COUNCIL MEETING AUGUST 8, 1994 City does not have a sense of community. Mayor Reinert said he hoped if this process is successful, the sense of community would be developed. He asked that positive thinking citizens help prepare the mission statement so that a positive result can be prepared to guide the Council and the staff so that peaks and valleys in the development of Lino Lakes will not occur. Council Member Kuether asked what this proposal would cost? Mayor Reinert explained that it would cost about $20,000.00. Council Member Bergeson said that his opinion is that the citizens of Lino Lakes are more opinionated and polarized then they are in some other communities. If this is true, he emphasize the need to make adequate use of professional consultants at the beginning of the process so that it gets a good smooth start. The "green sheet" has suggested a motion on this matter and he asked that the motion include preparation of a budget for City Council approval. Council Member Neal asked if the cost of $20,000.00 is for the first year or spread over several years. Mayor Reinert said this cost is for a facilitator to work with the citizens groups and at the same time identify resource people to help educate the task force citizens. Council Member Kuether added that it has already been said that none of the City Council will be involved in the process and asked that the Planning and Zoning Board and the Park Board not be involved as well to remove any biases that may have been building. Mr. Sepanen asked if a survey would be a part of the process. Mayor Reinert said it would probably be the best method of finding out what the citizens are thinking. Council Member Kuether asked if the intern will decide if a survey is needed. Mayor Reinert said that the people need to identify what they want. In addition some of the residents who have spoken before the City Council recently have suggested that a survey would be very helpful. Mayor Reinert felt there would be a survey. Mr. Schumacher said that what is before the City Council this evening is only a concept for the program. Details of how the program will work still have to be outlined by staff. Council Member Kuether asked if Mayor Reinert is suggesting that the Council just turn the entire matter over to an intern and allow the intern to run the show. Mayor Reinert said yes, and a contact person will be needed at city hall to move resource persons to various committees. This contact person should be Dan Tesch. Council Member Kuether suggested that since issues will PAGE 11 CITY COUNCIL MEETING AUGUST 8, 1994 need to be identified at the beginning, the intern should be hired at the very beginning of the process. Mayor Reinert said that the intern or facilitator should be available at the start of the process so that he/she will have first-hand knowledge of the "mood and feel" of the residents. Council Member Elliott suggested that the large meetings with the residents should be conducted at various locations with the intern or facilitator present so that he/she can get a feeling for the concerns of the citizens. The plan is to get the City Council out of the process and put the process in the hands of a neutral party. The City Council will receive reports on the progress of the program. Mayor Reinert asked that once the process is complete and mission statements have been prepared, all future City Council's use the material as a guideline. Mr. Bohjanen recommended that the forums be held in large auditoriums and that someone who is familiar with this type of forum moderate the sessions. He also recommended that someone take minutes of the open meetings. Council Member Elliott moved to support the concept of implementing a Visioning Program and authorize staff to prepare a detailed outline, work plan and budget for City Council approval. Council Member Kuether seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Trapper's Crossing Planned Unit Overlay, FIRST READING, Resolution No. 14 - 94 and Preliminary Plat - Mr. Brixius displayed the preliminary plat for this proposed subdivision and explained that the rezone and preliminary plat requests have been considered by the Planning and Zoning Board several times. The Planning and Zoning Board has recommended denial of the rezone request and the preliminary plat request and has asked the developer, Hokanson Constructionito submit a proposal for the current zoning which is R -1X, Single Family Executive. At the time the property was rezoned from R-1 to R -1X (February, 1994) the developer expressed opposition to the R -1X zoning and staff suggested that a PDO rezone request would give the developer some opportunity to pursue maintaining some of the density. The applicant is requesting that the City Council approve the preliminary plat including the PDO overlay. The applicant is continuing to request flexibility in lot area and width and has attempted to respond to staff concerns as outlined in previous staff reports and letters. A revised plat dated August 1, 1994 PAGE 12 1 1 1 13 CITY COUNCIL MEETING AUGUST 8, 1994 has been submitted. This plat does not meet the conditions outlined in the May 4, 1994 staff report. Staff has discussed the proposal with the applicant and suggested that a number of the lots be eliminated to meet all the conditions of the May 4, 1994 report. The developer has agreed to make adjustments as outlined in the August 5, 1994 staff report. The total number of lots would be reduced from 124 to 115. Mr. Brixius outlined the adjustments. Mr. Brixius said that if the City Council chooses to approve the PDO zoning, the approval should include the following recommendations: the applicant provide a new revised preliminary plat in which no interior lot width would be less than 85 feet wide and corner lots 105 wide, select lots impacted by wetland may be allowed some lot flexibility providing that the gross lot area exceed the R -1X standard and buildable area be not less than 10,800 square feet, that lots described in Mr. Brixius' report be eliminated, all the applicable conditions outlined in the planning report dated May 4, 1994 be included and that any approval of a preliminary plat be subject to a commitment of the developer for reconstruction of Holly Drive and 12th Avenue and a landscape plan to provide a physical barrier around the plat to deter trespassing into the surrounding adjacent rural lot areas. Mr. Brixius asked that if the City Council chooses to approve the Planning and Zoning Board recommendation, staff would recommend that the motion would be to direct the staff to draft the findings of fact for denial and then take final action at the next Council meeting. Council Member Kuether asked what the developer would have to do regarding reconstruction of Holly Drive. Mr. Schneider explained that Holly Drive is a narrow road similar to Ware Road and would not be able to accommodate the added traffic created by the new subdivision. The developer would be required to enter into an agreement for the reconstruction of the street. Council Member Bergeson noted that Mr. Brixius talked about the number of lots that would be eliminated due to lot width and asked how many lots would be left that do not meet the R -1X standard. Mr. Brixius explained that Mr. Corson, representing Roger Hokanson, will be presenting a map showing a revised R -1X, PDO development. His presentation should provide this information. Council Member Bergeson asked for those lots that staff is recommending less than R -1X standards, are the standards greater than the R-1 standard. Mr. Brixius said yes and outlined his recommended standards. He noted that the Planning and Zoning PAGE 13 CITY COUNCIL MEETING Board did not agree with his recommendation. AUGUST 8, 1994 Mayor Reinert asked if the development were to be approved with all R -1X lots, would all the lots then meet all R -1X standards. Mr. Brixius said, the plat showing 104 lots would meet all standards. Mayor Reinert noted that one aspect of the PDO is that the City Council could require a buffer to lessen the impact to the adjoining large lots. Mr. Brixius said the PDO requirements would be recorded with the plat. Mayor Reinert noted that if the City Council were to approve the R -1X concept, the Holly Drive requirements would have to be made a part of the approval. Mr. Brixius said this is true, it would not make a difference if the plat were 116 lots or 104, the impact on Holly Drive would be the same. Mayor Reinert asked what were the reasons for denial by the Planning and Zoning Board. Mr. Brixius said his general impression is the they did not like the PDO concept and felt that the PDO was not a way to provide flexibility but a way to circumvent the ordinance requirements. Mr. Brixius said he did not share this opinion. He outlined other reasons given for denial of the PDO. Mayor Reinert read a portion of the minutes of the Planning and Zoning Board including Mr. Corson's statement as follows: "if the PDO is not an option, it should not have presented as such". Mayor Reinert asked what Mr. Corson meant by this statement and asked him to respond when he presented the preliminary plat. Mayor Reinert noted that the minutes seem to indicate that if a straight R -1X plat had been presented, the Planning and Zoning Board would have voted unanimously to approve it. Mr. Brixius said he felt that this was correct. Council Member Bergeson noted that Mr. Brixius had stated that if the City Council denies this request, findings of fact would have to be developed. He asked if this was required of a PDO request. Mr. Hawkins said yes, a PDO is the same as any other zoning district. Council Member Neal noted the area is currently zoned R -1X and asked if the process to zone the area to R -1X was done properly. Mr. Hawkins said he felt that the City did go through the proper process and the current zoning is R -1X. Mr. Hawkins said he will review the allegations presented by the attorney hired by the surrounding landowners and will prepare an answer. Council Member Neal asked if Mr. Miller was City Planner at the time the current zoning was proposed. Mr. Brixius said that the PAGE 14 1 1 1 1 15 CITY COUNCIL MEETING AUGUST 8, 1994 matter started in 1987 when a Comprehensive Land Use Plan amendment was considered. There is about a two (2) year time frame from when the proceeding were started and final action occurred. He gave the background on this matter. Council Member Elliott asked Mr. Brixius to read the second paragraph of page four (4) of the May 4, 1994 report, General Development Concept". Mr. Brixius read the paragraph. The paragraph deals with density. Mayor Reinert asked in the regular R -1X concept plat are there less cul-de-sac maintenance issues than in the PDO concept plat? Mr. Brixius used the overhead project showing the original May 4, 1994 plat submission and outlined the cul-de-sacs. The PDO retained the longer cul-de-sacs and eliminated the "bubble" in each cul-de-sac. Mr. Lyden said he had an overhead that concerns the cul-de-sacs and asked to present it at this time. He noted that the acceptable standard is about four (4) cul-de-sacs per 120 houses. He said that when a request for exceeding the standard is submitted, there should be a good reason for the request. This PDO request is 150% above the standard. He also noted that the developer has used this information to reduce the number of cul- de-sacs by platting a road through wetlands. Mr. Corson explained that at the time a purchase agreement was obtained on the property, the City began the process to rezone the property from R-1 to R -1X. He said that the developer supported the rezone with the understanding that some of the density loss could be offset by a PDO. Then as the process continued, it became apparent that the Planning and Zoning Board would not approve a PDO under any circumstances. Mr. Corson specifically requested that the minutes show that if a PDO was never an option, he should have been allowed to pursue it. Mr. Corson presented a new preliminary plat based on staff recommendations. The new plat shows 115 lots and each lot that is deficient is marked. He outlined all areas that do not meet R -1X standards. Mr. Corson said that this is the first time he has heard the requirement for the developer to pay for the reconstruction of Holly Drive and 12th Avenue from Birch Street to Country Road J (Ash Street). He was aware of the requirement to reconstruct Holly Drive from the subdivision north to Birch Street. Mr. Corson asked if there will be other development along Holly Drive that would generate additional traffic and impact Holly Drive. Mayor Reinert again referred to the Planning and Zoning Board PAGE 15 115 CITY COUNCIL MEETING AUGUST 8, 1994 minutes and said that it appeared that the developer was being told to prepare a R -1X plat and the developer felt that this was not acceptable. Mr. Corson said that there was confusion because the developer had brought a letter to the City Council requesting that a PDO be considered and felt that there was favorable response from the City Council. The matter was referred back to the Planning and Zoning Board. Mr. Corson said that he thought that the Planning and Zoning Board would tell them if they would consider a PDO or tell them to prepare a R -1X plat. It became clear that they would not accept a PDO and did not give the developer an option come back with a R -1X. Mayor Reinert said that originally the Planning and Zoning Board told the developer to go with a R -1X plan. Mr. Corson said that several months were spent pursuing a PDO and did not want to start all over. Mayor Reinert said that the developer was given direction all the way through that the Planning and Zoning Board would accept a R -1X concept. He also said that he favored a PDO because the City would have more control over the development. Mr. Corson said that going back to the Planning and Zoning Board with a R -1X would be acceptable, however, he was given the understanding that the entire process would be required including a public hearing. Mr. Brixius said that at this time there is one application for a PDO. Until that application has received final action by the City Council, the application remains open. However, if the developer decides to proceed with the R -1X plat, a new application and a new public hearing would be required. Council Member Bergeson said that the developer has indicated that the Holly Drive reconstruction requirement is new information and asked if the developer wanted a decision on the PDO tonight or if more time is needed before a decision is made. Mr. Corson said that this is a surprise and needs more discussion. Council Member Bergeson said that he wanted everybody to understand all of the options. Council Member Kuether asked where this road requirement came from? Mr. Schneider explained that the reconstruction of Holly Drive has been discussed for some time. After the last discussion of the plat, the developers attorney sent a letter objecting to any participation in the upgrading of Holly Drive. This is a state aid designated road and there has been some discussion regarding modifying state aid standards to allow the road to be constructed less expensively and yet function just as well. State aid funds will be used to fund a portion of the reconstruction. In addition other development such as the proposed City regional park would also contribute to the costs. Nothing has been worked out and part of the problem is that the developer has not been able to determine how many lots he will be able to plat. At this point, the entire road should be PAGE 16 1 1 1 1 1 1 f CITY COUNCIL MEETING AUGUST 8, 1994 discussed. The recommendation was not to have the developer pay for the entire reconstruction because there are other funding sources but that there be a road improvement from County Road J to Birch Street as a condition of approving the preliminary plat. Mayor Reinert said that there seems to be some confusion and said he would like more details before acting on the request. Council Member Kuether moved to table this request until the next Council meeting. Council Member Neal seconded the motion. Mr. Corson said that there still is the question of PDO or R -1X and did not realize he had the option to back to the Planning and Zoning Board with a R -1X concept and that is why the developer has been pushing for the PDO. Mr. Lyden asked if this PDO concept presented tonight will be going back to the Planning and Zoning Board. Mayor Reinert said no. Mr. Lyden said that there was no opportunity for the residents to comment on the proposal presented tonight. Mayor Reinert said that it has been explained several times that this is a combination of two (2) presentations and is not a new plat. This has been before the Planning and Zoning Board. Mr. Lyden asked to say something else about PDO's. Mayor Reinert said the matter is going to be tabled and there may be no PDO. Mr. Lyden said that there are some things in the PDO that have not been addressed. Mayor Reinert explained that there may be no PDO. Mr. Hawkins explained that the City Council has an obligation to act on this matter within a specific time frame as outlined in the Zoning Ordinance. Normally, action must take place within 60 days after the public hearing. Mayor Reinert asked the developer to waive the right to Council action within the 60 day time frame. The developer, Roger Hokanson said that more than 60 days had elapsed since the public hearing and would not waive his right unless he could talk to his attorney. Council Member Kuether withdrew her motion and Council Member Neal withdrew his second. Council Member Kuether moved to approve the request to rezone the subject property to Planned Development Overlay (PDO), and the FIRST READING of Ordinance No. 14 - 94. Council Member Bergeson seconded the motion. Motion carried with Mayor Reinert voting no. Council Member Kuether moved to approve the preliminary plat subject to the conditions outlined in the August 5, 1994 staff report and the condition that the developer take action necessary to complete a satisfactory plan for the reconstruction of Holly PAGE 17 CITY COUNCIL MEETING AUGUST 8, 1994 Drive and 12th Avenue from County Road J (Ash Street) to Birch Street with necessary implementation to satisfactorily carry the traffic from the Trapper's Crossing Plat and adjoining area and the condition that a landscape or fence plan be prepared by the developer to provide a barrier around the plat to discourage trespassing on the adjacent rural property and other requirements as approved by the Park Board be included in the developer's agreement. Mr. Schumacher noted that the developers agreement will include requirements regarding upgrading Holly Drive and 12th Avenue, the landscaping plan and the utility construction plan. Mr. Hokanson asked if this motion is requiring him to pay for the entire reconstruction of Holly Drive and 12th Avenue. Mr. Schneider said that the motion is requiring that a satisfactory plan for the reconstruction of that street be included in the developers agreement. Voting on the motion, motion carried with Mayor Reinert voting no. Mr. Lyden again requested time to give specific information regarding PDO's. Mayor Reinert explained that there would not be time this evening. Consideration of a Final Plat, Pine Ridge II - The preliminary plat for the Pine Ridge II subdivision was approved in March, 1994. The plat contains 18 lots, is zoned R -1X and is located just south of the Pine Ridge Addition. A Development Agreement has been signed, financial guarantees are posted, and the title work has been reviewed and approved by the City Attorney. The construction of utilities is scheduled to start this week and trail dedication is platted as recommended by the Park Board. Staff has reviewed the final plat and has recommended final approval. Council Member Kuether moved to approve the final plat for Pine Ridge II. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of SECOND READING, Ordinance No. 12 - 94 Amending the Zoning Ordinance No. B1, Reducing Various Lot and Yard Requirements for Light Industrial Districts and General Industrial Districts Within the City - Mr. Brixius explained that the purpose of the ordinance is to focus on trying to economize land supply for industrial development. The proposed ordinance had its FIRST READING on July 24, 1994 and no comments or changes have been suggested. PAGE 18 1 1 1 CITY COUNCIL MEETING AUGUST 8, 1994 The proposed changes would reduce the lot width requirement in the Light Industrial (LI) District from 150 feet to 100 feet. In the General Industrial (GI) District, the lot width would be reduced from 200 feet to 100 feet and the lot size reduced from three (3) acres to one acre. For both the LI and GI Districts there would be an additional provision that would allow shared access on the property line of two (2) adjoining lots approved by the City. It is believed that approval of the proposed ordinance would provide greater marketability for the land due to the increased ability to accommodate different types of sizes of businesses. Staff recommends that the City Council approve the SECOND READING of Ordinance No. 12 - 94. Council Member Bergeson moved to approve the SECOND READING of Ordinance No. 12 - 94 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Ordinance No. 12 - 94 can be found at the end of these minutes. PUBLIC HEARING, Vacation of East 10 feet of Sherman Lake Road Adjacent to Pheasant Hills East, Resolution No. 94 - 54 - The City Council granted approval to a preliminary plat for Pheasant Hills East on April 25, 1994. The plat was intended to become part of the Pheasant Hills Preserve Development. When the original Pheasant Hills preliminary plat was approved in 1990, the future development of the property known as Pheasant Hills East was not known and a 10 foot strip of property was shown on the eastern edge of what is now Sherman Lake Road. The 10 foot strip was included in the road right of way when Pheasant Hills Fifth Addition was approved providing for a 70 foot road right- of-way rather than the usual 60 foot right-of-way. The developer has since platted Pheasant Hills East and would like to vacate the additional 10 feet of road right-of-way and add it to the Pheasant Hills East plat. Staff has discussed this request with the developer and encouraged him to pursue the vacation. Staff recommends approval with the condition that the 10 foot strip be added to the Pheasant Hills East plat at the time of final plat. Mayor Reinert opened the public hearing at 9:18 P.M. No one was present to speak on this matter. Council Member Elliott moved to close the public hearing at 9:19 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Elliott moved to adopt Resolution No. 94.- 54 Vacating the East 10 Feet of Sherman Lake Road Adjacent to Pheasant Hills East. Council Member Bergeson seconded the PAGE 19 Li) CITY COUNCIL MEETING AUGUST 8, 1994 motion. Motion carried unanimously. Resolution No. 94 - 54 can be found at the end of these minutes. PUBLIC HEARING, Vacation of Drainage and Utility Easements, Lino Industrial Park, Resolution No. 94 - 55 - In order for the City Council to facilitate the re -plat of the Apollo Business Park, it is necessary to vacate all existing utility, drainage and roadway easements in the Lino Industrial Park lying within the boundaries of the new plat. The re -plat of the business park is scheduled for review by the Planning and Zoning Board on Wednesday, August 10, 1994 and at a special City Council meeting on August 11, 1994. The Planning and Zoning Board and City Council will also be considering a Right -of -Way Plat for Apollo Drive Phase II. The Right -of -Way Plat together with the Apollo Business Park plat will contain the necessary easements and right-of-way for development of the reconfigured Business Park. Staff has recommended approval of the vacation as outlined in Resolution No. 94 - 55. Mayor Reinert opened the public hearing at 9:20 P.M. ,There was no one in the audience to speak about this matter. Council Member Elliott moved to close the public hearing at 9:21 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 55 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 45 Awarding Bids for Wear Course and Seal Coating Improvement - Mr. Schneider explained that bids were received and opened at 10:00 A.M., Friday, August 5, 1994. The bids have been examined and tabulated. The wear course improvement bid contains quotations for two (2) subdivisions in which the developer is required to present financial guarantees prior to the awarding of the bid. These financial guarantees have been satisfied. Mr. Schneider explained that it appeared that only one bid was received for the seal coating improvements. However, it was determined that a bid had been delivered by messenger shortly after city hall was opened on Friday. The person receiving the bid did not check to see what the purpose of the special delivery was and simply placed the bid in the City Clerk's mail box. This bid was discovered after the bid opening and since it was determined that the bid did arrive prior to the 10:00 A.M. deadline, the bid was opened and considered with the first bid. The first bid opened was the low bid. PAGE 20 1 1 1 1 1 1 CITY COUNCIL MEETING AUGUST 8, 1994 Mr. Schneider recommended that the City Council approve Resolution No. 94 - 45 Awarding the Wear Course and Seal Coating Improvement bids to the low bidder. Council Member Kuether moved to adopt Resolution No. 94 - 45. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FIRST READING OR ORDINANCE NO. 13 - 94, AMENDING THE LINO LAKES CITY CODE, SECTION 208, POLICE DEPARTMENT, POLICE CHIEF PECCHIA Mr. Schumacher explained that Chief Pecchia had to attend another meeting this evening and he will be presenting this matter to the City Council. The Community Service Officer (CSO) as well as the Reserve Officers come across situations in the parks and various other areas where issuing a citation is needed. This ordinance change would allow the CSO and/or Reserve Officer to write a citation under the direction of the Chief of Police. Currently they are not allowed to write citations and must call an officer to the scene taking the officer from his normal patrol duties. Some types of citations include parking violations, barking dog complaints and junk car complaints. Council Member Kuether asked for a complete list of situations where the CSO and Reserve Officers can write citations. She noted that they are not licensed officers and do not carry a gun. She explained that she would not want them put at risk. Council Member Elliott said she trusted the judgement of the Chief of Police and expected that he would set the parameters in these areas. She noted that the City is large and spread out and this would allow the Chief to get things done when the Police Officers may not have the time. Council Member Neal agreed with Council Member Elliott. Council Member Bergeson felt that the duties of the CSO and Police Reserve Officers should be "spelled out". He noted that the current Police Chief is very conscience about these matters but future Chief's of Police may not be as concerned. Council Member Elliott moved to approve the FIRST READING of Ordinance No. 13 - 94 and dispense with the reading. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF A CONTRACT WITH THE CITY OF LEXINGTON FOR PROVIDING SOLID WASTE COORDINATOR SERVICES, DON VOLK Mr. Volk presented a proposed contract with the City of Lexington PAGE 21 • 21 2 CITY COUNCIL MEETING AUGUST 8, 1994 for providing Solid Waste Coordinator services to that city. If the contract is ratified by the City of Lino Lakes, the designated Lino Lakes Solid Waste Coordinator will provide the similar services for the City of Lexington. The contract provides for 15 hours per week services to the City of Lexington and the billing rate will be at $12.00 per hour. An office for the Solid Waste Coordinator will be provided by both the City of Lino Lakes and the City of Lexington. The term of the contract is one (1) year and will automatically renew for one (1) year terms. The is a 30 day cancellation clause. The City of Lexington considered and approved the contract at their August 7, 1994 meeting. Council Member Elliott moved to ratify the contract for Solid Waste. Coordinator services with the City of Lexington. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS There was no Old Business. NEW BUSINESS Consideration of an Application for a Block Party, Gray Heron Drive - Mrs. Anderson presented an application for a block party on Gray Heron Drive and noted that this is a through street. The Public Works Department has noted a safety concern. There would be access to all homes in the area from either Elm Street or Whippoorwill Lane. After discussion of the safety concerns, Council Member Elliott moved to approve the block party and direct the Public Works Department to provide adequate barricades to block the area at each end of the street. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of an Application for a Block Party, Heather Court - Mrs. Anderson presented an application for a block party on Heather Court and noted that this is a cul-de-sac. The safety issues noted with the above block party request will not be an issue. Council Member Elliott moved to approve the application for a block party for Heather Court. Council Member Bergeson seconded the motion. Motion carried unanimously. RESCHEDULE Ways and Means Committee Meeting - This meeting was scheduled for 5:00 P.M., Monday, August 22, 1994 just prior to PAGE 22 1 1 1 1 2�l CITY COUNCIL MEETING AUGUST 8, 1994 the regular Council meeting. REMINDER: 5:00 P.M., August 11, 1994, Economic Development Authority Meeting to Take Action on a Proposed Resolution Adopting a Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-6 and a Special City Council Meeting, 5:30 P.M. to Conduct a Public Hearing on the Adoption of the Plan for Tax Increment Financing District No. 1-6, and to Consider the Replat of the Apollo Business Park. Paul Rud Retirement - Mr. Schumacher noted that a retirement reception is planned for Mr. Rud on August 11, 1994, 5:00 P.M. to 7:30 P.M. at the Majestic Oaks Golf Course. Council Member Bergeson moved to adjourn at 9:40 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular City Council meeting held on September 12, 1994. 1 l) Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 23 Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 12 - 94 AN AMENDMENT TO THE LINO LAKES ZONING ORDINANCE B1, REDUCING VARIOUS LOT AND YARD REQUIREMENTS FOR LIGHT INDUSTRIAL DISTRICTS AND GENERAL INDUSTRIAL DISTRICTS WITHIN THE CITY. The City Council of the City of Lino Lakes ordains: Section 1. Section 6, Subd. 17. (2) (Light Industrial District) of the Zoning Code is hereby amended to read as follows: (2) Lot and Yard Requirements (A) Minimum District Size: (B) Minimum Lot Size: (C) Minimum Lot Width: Three (3) acres. One (1) acre. One hundred (100) feet. (i) From Streets: A. Residential Street: Ten (10) feet. B. Collector or Arterial Street: Fifty (50) feet. (ii) Front Yard: Fifty (50) feet. (iii)Rear Yard: A. Principal Building: Fifteen (15) feet. B. Accessory Building: Ten (10) feet. C. Parking Lot/Driveway: Five (5) feet. (iv) Side Yard: A. Principal Building: Ten (10) feet. B. Accessory Building: Ten (10) feet. C. Parking Lot/Driveway: Five (5) feet, except for the purpose of a shared access on the property line of two adjoining lots approved by the City. (v) From Residential District: Seventy-five (75) feet. Section 2. Section 6, Subd. 18. (2) (General Industrial District) of the Zoning Code is hereby amended to read as follows: (2) District, Lot and Yard Requirements: (A) Minimum District Size: Ten (10) acres. (B) Minimum Lot Size: One (1) acre. (C) Minimum Lot Width: One hundred (100) feet. 1 1 1 1 1 ORDINANCE NO. 12 — 94 Page -2- (D) Setbacks: (The greater of the following:) (i) From streets: A. Residential Street: Fifty (50) feet B. Collector or Arterial Street: Fifty (50) feet. (ii) Front Yard: A. Principal Building: Fifteen (15) feet. B. Accessory Building: Ten (10) feet. C. Parking Lot/Driveway: Five (5) feet. (iii) Rear Yard: A. Principal Building: Fifteen (15) feet. B. Accessory Building: Ten (10) feet. C. Parking Lot/Driveway: Five (5) feet. (iv) Side Yard: A. Principal Building: Ten (10) feet. B. Accessory Building: Ten (10) feet. C. Parking Lot/Driveway: Ten (10) feet, except for the purpose of a shared access on the property line of two adjoining lots approved by the City. (v) From Residential District: One hundred (100) feet. Section 3. This ordinance shall take effect upon its passage and publication according to the City Charter. Passed this 8th day of August , 1994. ATTESTT:� Marilyn G1. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said ordinance was duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94-45 RESOLUTION ACCEPTING BIDS FOR THE 1994 BITUMINOUS SURFACING AND APPURTENANT WORK PROJECT AND THE 1994 BITUMINOUS SEAL COATING PROJECT WHEREAS: Pursuant to an advertisement for bids for the 1994 Bituminous Surfacing and Appurtenant Work project, 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 Aero Asphalt 14310 Northdale Blvd. Rogers, MN 55374 W. B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Valley Paving 8800 13th Avenue East Shakopee, MN 55379 Bituminous Consulting & Contracting, Inc. 2456 - 125th Avenue NE Blaine, MN 55434 Northwest Asphalt, Inc. 1451 County Road 18 Shakopee, MN 55379 Midwest Asphalt Corporation P.O. Box 5477 Hopkins, MN 55343 Engineer's Estimate $135,466.50 $136,146.75 $146,177.05 $152,804.30 $173,853.25 $176,412.50 $138,128.00 1 1 w 27 and pursuant town advertisement for bids for the 1994 Bituminous Seal Coating Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Allied Blacktop Co. $75,248.25 10503 89th Avenue No. Maple Grove, MN 55369 Astech $78,802.30 P.O. Box 1025 St. Cloud, MN 56302 Engineer's Estimate $56,596.25 AND WHEREAS, it appears that Aero Asphalt, Inc., Rogers, Minnesota, is the lowest responsible bidder for the 1994 Bituminous Surfacing and Appurtenant Work project and Allied Blacktop Company, Maple Grove, Minnesota, is the lowest responsible bidder for the 1994 Bituminous Seal Coating project. 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 Aero Asphalt, Inc., of Rogers, Minnesota, in the name of the City of Lino Lakes for the 1994 Bituminous Surfacing and Appurtenant Work, and with Allied Blacktop Company of Maple Grove, Minnesota, in the name of the City of Lino Lakes for the 1994 Bituminous Seal Coating project, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder for each project shall be retained until a contract has been signed. Adopted by the City Council this 8th day of August, 1994. ATTEST: Marilyn G. 'Anderson Clerk -Treasurer Vernon F. Reinert, Mayor ,The motion for adoption of the foregoing resolution was duly seconded by Council 'Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on 9 -cc -c.d 51 , 1994. iz jtj Marilyn G. A derson, Clerk -Treasurer 1 1 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 54 RESOLUTION VACATING THE EAST 10 FEET OF SHERMAN LAKE ROAD ADJACENT TO PHEASANT HILLS EAST WHEREAS, Contractor Property Developers Company, developer of Pheasant Hills Preserve, 4th Addition, has requested that a portion of Sherman Lake Road be vacated as shown on the attached map and described as follows: That part of Sherman Lake Road as shown on Pheasant Hills Preserve 4th Addition, Anoka County Minnesota, described as follows: Commencing at the southwest corner of Outlot C, said Pheasant Hills Preserve, 4th Addition; thence easterly, along the south line of said Outlot C, 14.69 feet to the point of beginning of the parcel to be described; thence easterly, along said south line 10.00 feet to the corner of said Pheasant Hills Preserve 4th Addition; thence southerly, 376.42 feet to the corner of said Pheasant Hills Preserve, 4th Addition; thence westerly, along said south line of said Pheasant Hills Preserve 4th Addition 10.00 feet; thence northerly to the point of beginning and there terminating. WHEREAS, that portion of Sherman Lake Road as described above has been reviewed by the City Engineer and no adverse future problems were noted, and WHEREAS, a public hearing was held on August 8, 1994 before the City Council in the city hall after due published and posted notice had been given by the Clerk -Treasurer on July 21, 1994 and July 28, 1994 and all persons interested were given an opportunity to be heard; and WHEREAS, at least four-fifths of all the members of the City Council concur in this resolution, NOW THEREFORE, BE IT RESOLVED, that the portion of Sherman Lake Road described above and shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino Lakes this 8th day of August, 1994. r RESOLUTION NO. 94 - 54 Page -2- ATTEST: Vernon F. Reinert, Mayor Marilyn p,Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. PN � 111111 C. PNENO\(SON n. TI n r V Li OR pUSRJ6 ��')O' 0 it l ^I PRESERVE �T� n r rNi-rl \ 1 SwC P,E6 f�O \ vi flIL.L.,i P I\L.iL..l\V . -rirl /-c LI LiI II0,Iv / 60 77 --- 460.00--- \ N89°22'49"E 450.00 147.00 .17.61] r s SC?B„ 9\f 0EDGE OF \�. WETLAND / Q o \ \\ 0o I �o �,v / r/r t< \ 0 1 \\ \ 1 3/' I 2 I 4'/ cc I W / n W `y% o N 2 N89°22'99"E -3 j- 5.00 �/// 1 �/ v � //7 N 147.00 7 r I. < W I — J U :1; 0 / 00 e d O O Y In / W 2 J 0 N Z Q o0 // a Cr a Z /' N89°22'49"E 2 < N a /NT---1--DRAINAGE AND UTILITY EASEMENT IE 35" 0 0 35 J 147.00 30 0 ion- 6.0 @ A /5.01 \ 0.0°' \ — N89°291511'E 147.05 to 30 tD 1 - N01"03'34"W UU 1110:1111111 SCALE IN 1UU FEET -- 313.00-- _ O O 0 O 24.75 I v) 0 J z r m PARK 147.06 /5.07 - 163.05 N89°22'49"E 150.00 z CV • J N < 0 < U Lal In Zw J O -J S89°29'51"E 300.11 - - 310.11- - - A. fl NI(' -N 1/.\ 1 N',/. I.V N 89°22'49" E SOUTH LINE OF THE NE 1/4, SEC 27 174.75 1Z• FC `C NORTH Z w 2 r - W 0 N c N 1-- O^ W Z Z 0 In U < w LOtn CITY OF ll - IA Com' M INNESOT PHEASANT HILLS EAST (PRELIMINARY) PROPOSED SHERMAN LAKE ROAD VACATION ° 16•••••• •. 0 3' Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 55 RESOLUTION VACATING ALL DRAINAGE, UTILITY AND ROADWAY EASEMENTS IN THE LINO INDUSTRIAL PARK NOT CONTAINED WITHIN THE BOUNDARIES OF THE APOLLO BUSINESS PARK REPLAT WHEREAS, the owner of lands within the Lino Industrial Park, the City of Lino Lakes has requested that all drainage, utility and roadway easements within the Lino Industrial Park not contained with the boundaries of the Apollo Business Park as shown on the attached map, and WHEREAS, those drainage, utility and roadway easements described above been reviewed by the City Engineer and no adverse future problems were noted, and WHEREAS, a public hearing was held on August 8, 1994 before the City Council in the city hall after due published and posted notice had been given by the Clerk -Treasurer on July 21, 1994 and July 28, 1994 and all persons interested were given an opportunity to be heard; and WHEREAS, at least four-fifths of all the members of the City Council concur in this resolution, NOW THEREFORE, BE IT RESOLVED, that the drainage, utility and roadway easements described above and shown on the attached map are hereby vacated. Adopted by the Council of the City of Lino akes this 8th day of August, 1994. ATTEST: Vernon F. Reinert; Mayor Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1 R., SEC. 17 5°55.56"E ,� rnTr 53 •r11 TQ' Hi(a �'.ri^•v p 1„ 1 W. LINE, SEC. 17 FOURTH -••2665.89•-- NORTH AVE 15° 1 DRAINAGE •1 35°21.46"E J 0.0 12. .ti 150.00 /DRAINAGE C LJ , 150.01 ^1 8 UTILITY '7 l� 150.01 EASEMENT V) CO m r• ---©-- DRAINAGE -. 0,^ EASEMENT 0 0 150.00 J t Y 3 fi t 0 3 a (D 7- 0 SD r+ a f0 l/1 CT n17- • ~• O VI • T J. � rl (0 O f0 l/1 3wnuow uou! (D O r+ fD V7 n Sit (/) rt C C C ••-1186.40••• 150.00 N O° 1 1.24 ••E