HomeMy WebLinkAbout08/22/1994 Council Minutes (2)1
COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
AUGUST 22, 1994
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MEMBERS; 'PRESET
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MEMBERS ABSEN7
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Staff member present: City Attorney, Bill Hawkins; City
Engineer, Darrell Schneider; Public Works Superintendent, Don
Volk; Planning Coordinator, Mary Kay Wyland; Building Inspector,
Peter Kluegel; Consulting Engineer, John Powell; Consulting
Planner, Alan Brixius, Assistant to the City Administrator, Dan
Tesch and Clerk -Treasurer Marilyn Anderson.
SETTING THE AGENDA
Council Member Neal asked to have an item "Correctional
Facilities Meeting" added to New Business, 9D.
CONSENT AGENDA
Council Member Kuether asked to have the August 22, 1994
Disbursements moved to the regular agenda under New Business, 9E.
Council Member Neal moved to accept the consent agenda as
amended. Council Member Bergeson seconded the,motion. Motion
carried unanimously.
ITEM
Disbursements:
Centennial Fire Department
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DISPOSITION
Approved
COUNCIL MEETING AUGUST 22, 1994
REGULAR AGENDA
OPEN MIRE
Al DeMotts, 6265 Holly Drive - Mr. DeMotts explained that he
spoke with Mayor Reinert this morning regarding questions he
would like to see in a City wide citizens survey. He presented a
copy of the questions to the City Council. Mayor Reinert said
that the City Council has accepted his proposal for 20/20 Vision,
A Guide to Lino Lakes Future. He noted that a survey may be a
part of this process and asked Mr. Tesch to give a copy of Mr.
DeMotts presentation to the facilitator when this person is
hired.
Caroline Dahl, 1101 Holly Court - Ms. Dahl read from a prepared
statement. She stated that the Council body is suppose to befor
the people by the people. The Council was misguided at the
August 8, 1994 City Council meeting. She said she though she was
listening to Watergate except it was Linogate. The Mayor made a
statement that the citizens run the show. The only show that was
going on here was a three (3) ring circus. In the left ring, the
developer. In the right ring, the staff and in the center our
best, the City Council of Lino Lakes. The Council was
disappointing and misguided. Ms. Dahl said that the Council was
not listening to staff, the City Attorney and the residents and
taxpayers. The only other participant was the developer. She
asked the City Council in what direction is the City of Lino
Lakes going and who are they listening to. Ms. Dahl said that
someone told her that she and her neighbors were railroaded at
the last Council meeting and she felt that was an accurate
statement and it will not happen again. She said that tonight
they were not in the "Lino zone", but are in the Council
chambers. Ms. Dahl said that she has freedom of speech as an
American and a citizen of Lino Lakes. She said that no longer
will she be told that she is restricted to five (5) minutes or
restricted to just four (4) people if more people want to talk
under Open Mike. Ms. Dahl said she was told that she and her
group could not be put on the agenda as they were suppose to be.
She felt that all her group has as a means of communication is
Open Mike. At the work session (August 3, 1994) her group tried
to work with the Council but got very few answers. They were
told by the Council that they did not have a report in front of
them and said such things as, "we cannot answer that particular
question" or "we will have to get back to you on this matter".
Ms. Dahl said that is not what she would call listening to her
group and giving them answers. She called it "stone walling",
not answers.
Ms. Dahl said she thinks something has been lost by the Lino
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Lakes City Council. She called it "lack of direction". She said
that giving the citizens of Lino Lakes an opportunity for input
is a "must" and sincerely hoped that everyone at that meeting
learned something. She asked the city Council to be open minded
this evening. She said that she believed that if you do not tell
the truth, it will haunt you for a long time. She said she felt
that there were misstatements made that evening by the developer,
Council and part of the staff. She said this will haunt everyone
for a long time. Ms. Dahl said the only way to correct what
happened that evening is to admit that a mistake was made and go
back and redo the proceedings correctly. Ms. Dahl asked again,
what direction is Lino Lakes going and who is Lino Lakes
listening to.
Chris Lyden, 6275 Holly Drive - Mr. Lyden said he would like to
give credit to the Planning and Zoning Board and thanked them for
the responsible and professional manner in which they examined
the preliminary plat that came before them. He felt that they
performed their duty with sincerity, objectivity and based their
examination on its own merit without any preconceived ideas. Mr.
Lyden explained that the developer brought a preliminary plat
before them and it was denied twice. He felt that the Planning
and Zoning Board spent a great deal of time reviewing this plat.
Mr. Lyden thanked Mr. Brixius for his honesty when he admitted
that he told the developer that if he would agree to rezoning the
property from R -I to R -1X that he would have a "free hand with a
PDO". Mr. Lyden said that Mr. Brixius has said that this may
have been a mistake and he appreciated that Mr. Brixius is being
open about this matter.
Mr. Lyden said that the last meeting was confusing. He asked
Council Member Neal if it was confusing to him when it came time
to vote. Mayor Reinert told Mr. Lyden this was not the time for
such questions and asked him to state his specific questions.
Council Member Neal said he would like to answer and explained
that he favored the development because the development will be
contingent upon the developer who would agree to participate in
the improvement of Holly Drive. If Holly Drive is not improved,
the development will not be constructed. Mayor Reinert said that
this is only one of the conditions of the approval of the
preliminary plat.
Mr. Lyden asked Council Member Neal if he was aware of who was
asking for the PDO. Council Member Neal said that it is his
opinion that a PDO is better for the neighborhood and a person
from that neighborhood agreed with this opinion. Council Member
Neal explained that a PDO would give the City more control over
the development. Mr. Lyden said that he felt that without the
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PDO the neighborhood would have had some control over the density
and that is what their entire object was. He said that it is a
fact that the developer is asking for a PDO.
Mr. Lyden said that words like disappointment or frustration do
not come close to describing what he felt at the August 8, 1994
Council meeting. He said shock and horrified come close to
describing how he felt when he saw the decision making process.
Mr. Lyden said he feels that he and his neighbors have been
branded as irrational or malcontents and this cannot be further
from the truth. He said he has always been prepared to accept
the full realities of Trappers Crossing. This issue for him and
his neighbors has been one of policy procedure, due process,
validity and credibility. He noted the MUSA changes and the
rezoning procedures. Mr. Lyden explained that he is a teacher
and his wife is a nurse and his neighbors are all very good, hard
working people. He said he considers the City Council his
neighbors too, but was not proud of them on August 8, 1994.
Again Mr. Lyden said his issue is due process. On August 8,
1994, Mr. Lyden asked that Trappers Crossings be taken off the
agenda because the Planning and Zoning Board had not reviewed
that particular plat. The response he received was that the plat
was a composite. Later Mr. Lyden called Mr. Brixius for an
explanation of the word "composite". Mr. Brixius was not
available and he spoke to another person at his office who did
not know about a "composite". Mr. Lyden then called two (2)
other credible engineering firms and asked them if they have ever
heard of a "composite". Mr. Lyden gave the names of the persons
he contacted. Neither had ever heard of "composite" as a legal,
professional term. One of the persons he contacted suggested
that Mr. Lyden check to see if the term is in the code book. The
term is not in the City Code. He asked why the term is not in
the book. Mayor Reinert said that Mr. Brixius will respond to
this during the consideration of the Trappers Crossing rezone
request.
Mr. Lyden posted a map of Trappers Crossing onithe easel and
noted that there are 28 lots on the northern portion of the plat
and 87 on the southern portion of the map. He noted that
apparently a "composite" is putting two (2) different preliminary
plat together. Mr. Lyden said the he has checked and all 87 lots
on the southern portion of the plat have changed since that
particular preliminary plat was presented to the Planning and
Zoning Board meeting. He said that the Planning and Zoning Board
has never seen this revision and he felt that this is where he
and his neighbors due process got "run over". Mr. Lyden said he
wished he could say there was some mistake but believes that
there was a conscious effort to undermine both the policy
procedures and the due process of the citizens of Lino Lakes. He
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felt that this can happen in any neighborhood in Lino Lakes.
Mr. Lyden said he understands that some people feel that because
he is not an engineer he should not have been talking about cul-
de-sacs at the August 8, 1994 Council meeting. He said he would
gladly give anyone who wants to review the facts that he
presented at the last meeting due process.
BUILDING DEPARTMENT REPORT, PETER KLUEGEL
Consideration of the Building Department Quarterly Report - Mr.
Kluegel explained that 313 building permits have been issued the
first six (6) months of 1994 for a total construction valuation
of $16,087,351.00. To date 165 permits have been issued for new
homes. This represents a decrease of 52 new homes when compared
to 1993.
A permit with a valuation of $528,000.00 has been issued for the
renovation of Building B to house additional inmates at the
Minnesota Correctional Facility. Mr. Kluegel noted that he has
been told that additional permits will be requested for other
construction projects at that facility. A demolition permit was
issued for the old Ross' Liquor Store at the corner of Lake Drive
and Main Street.
Mr. Kluegel noted that construction continues at a steady pace,
but will not achieve the highs attained in 1993. The increase in
interest rates and the decrease in the availability of new lots
are major factors in slowing construction of new homes. Mr.
Kluegel said he expected the total new home permits for 1994 to
be just over two 200. He noted that Country Lakes Estates and
Pheasant Hills Preserve, Fifth Addition have begun construction
and there is a great deal of interest in these two (2) areas.
Council Member Kuether moved to accept the quarterly report
submitted by Mr. Kluegel. Council Member Elliott seconded the
motion. Motion -carried unanimously.
Consideration of Resolution No. 94 - 66 Adopting Revised Fee
Schedule for Certain Building Department Permits - Mr. Kluegel
noted that fees for plumbing permits, mechanical permits and
fireplace permits have not been increased in this City for
approximately 14 years. A survey of fees for several cities in
the north suburban area, as well as other cities of the
approximate size of Lino Lakes, indicates that the average
plumbing permit fee is $60.00 or $6.00 per fixture. The average
mechanical permit fee is approximately $52.00.
Mr. Kluegel recommended that the Lino Lakes plumbing permit fee
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be raised to $7.00 per fixture or $70.00 for each new home, the
mechanical permit fee be raised to $60.00 per home and fireplace
fee be raised to $25.00.
Council Member Kuether asked how many inspections are needed for
a new fireplace. Mr. Kluegel said usually two (2). He noted
that the state code does provide for a re -inspection fee.
Council Member Bergeson said that he would suggest that the new
fees be effective January 1, 1995 and that all building
contractors should be notified in advance of the increase.
Council Member Bergeson moved to adopt Resolution No. 94 - 66
increasing the plumbing permit fee to $7.00 per fixture, the
mechanical permit fee to $60.00 and the fireplace permit fee to
$25.00 and the implementation date be January 1, 1995. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 94 - 66 can be found at the end of these minutes.
PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND
Consideration of a Rezone for Behm's Century Farms and MUSA
Considerations, FIRST READING, Ordinance No. 15 - 94 - Mr.
Brixius explained that at the August 10, 1994 Planning and Zoning
Board meeting, reconsideration of the Behm's rezoning and
memorandum of August 5, 1994 were considered. A number of
conditions were presented in this memorandum:
1. The MUSA expansion to include Behm's Century Farms be done
as part of a comprehensive City-wide MUSA expansion, not as
a MUSA land trade.
2. The future plat must comply with R-1 minimum lot areas,
width and depth standards.
3. The developer is responsible for the full,cost of utility
extension bringing municipal sewer and water to the site.
4. The plat design must provide sensitivity and protection of
the Lino Airpark runway to avoid future land use complaints.
5. The developer pursue a variance for the Thomas Street cul-
de-sac length.
6. The developer submit a phasing plan that will outline the
staged development of the plat.
7. All grading, drainage, wetland litigation be reviewed and
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approved by Rice Creek Watershed District.
8. Submission of development bylaws and deed covenants that
outline airport protection, home sizes, etc.
9. Submission of detailed landscape and tree preservation plans
that address screening at the periphery of the plat and
reduces the visual impact of the subdivision from adjacent
properties and the County road.
10. Compliance with Park Board recommendation with regard to
area park needs.
11. Development contract that outlines the terms of the
subdivision developments and includes financial securities
that insure performance.
Mr. Brixius explained that upon review and discussion of the
above 11 items there was a recommendation to approve the rezoning
request. The vote was split, three (3) to approve and three (3)
to deny. Mr. Gelbmann was not present at this particular
Planning and Zoning Board meeting. The rezoning request now is
before the City Council for a decision. Mr. Brixius explained
that Mr. Uhde wishes to make a presentation prior to the City
Council action.
Mr. Brixius noted that this is a logical growth area and with the
expansion of MUSA would be an appropriate place for urban
development. The area generally fits the guidelines of the
Comprehensive Land Use Plan policies and the infill policies.
Mayor Reinert asked Mr. Hawkins if a board or commission votes on
a proposal and the vote is a tie vote, it is not considered
passed. Mr. Hawkins said that this is correct. The matter comes
to the City Council with no recommendation.
Mayor Reinert asked what assurances would there be that a phasing
plan would be adhered too. Mr. Brixius explained that a
development contract will be prepared outlining the terms of the
phasing plan. The language will either contain a specific date
or the completion of a certain percentage of homes. There will
have to be some allowance for the builder to prepare marketing
plans for each phase. Mayor Reinert explained that this
requirement will help the City in its plan for a level annual
development to avoid the peaks and valleys of home building
construction. He noted that this requirement will also relieve
some concern in the neighborhood regarding building a large
number of homes all at once creating a very significant change in
the neighborhood.
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COUNCIL MEETING AUGUST 22, 1994
Council Member Kuether referred to the memorandum of August 5,
1994, planning item No. 1. Mr. Brixius explained that past
discussions indicated that a concern of the Planning and Zoning
Board and the City Council was that MUSA would be taken from
landowners and these landowners would relinquish their
development opportunities.
Mr. Gary Uhde, representing G. M. Development, developer of
Behm's Century Farms and Mr. John Uban presented the plans for
the proposed plat. Mr. Uhde said that he was please to be before
the City Council. He noted that this process has been a long and
arduous task. He explained that there has been a lot of
discussion, input and negotiation and hopefully the plan that he
will present tonight will get approval on the rezone request.
Mr. Uhde noted some of the concerns about the proposal:
- concern about the preliminary plat and how it was laid out.
- density
school capacity
MUSA trade verses MUSA expansion
sensitivity to adjacent properties
a. density concerns
b. rural image
c. Airpark impact
d. other developable lands
drainage
traffic impact
- wetland impact
Comprehensive Land Use Plan amendment and rezone findings
Mr. Uhde explained that the work and time spent on this proposal
far exceeded what is normally expected for approval of a rezone
request. However, since these questions were raised, he felt it
was necessary to do the research so that all the answers would be
provided prior to action on the rezone request.
Mr. Uban explained that he looked at the overall City to
determine what the growth patterns have been. He presented a
colored map and explained areas of growth and noted that Behm's
Century Farms is located within the expansion area. Mr. Uban
explained that all utilities needed to serve this plat will be
extended by the developer and will be paid for by the developer.
There will be additional capacity in the utility systems to allow
for service to adjacent properties when the need arises and to
the Correctional Facility for their expansion.
Mr. Uban displayed a second map depicting the I35W/Lake Drive
intersection and development areas with density noted on each
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area. He explained that the overall density for the entire plat
of Behm's Century Farms is 135 units or 1.8 units per acre. This
is about one-half of what is allowed in a R-1 zone. The density
in the northern and western portion of the plat has been reduced
so it will work in well with existing density. Mr. Uban
explained that the plat is located next to a variety of different
uses and will support the commercial part of the community around
the I35W/Lake Drive intersection.
Mr. Uban discussed phasing of the plat and noted that the changes
in the plat include reducing the number of lots, reducing the
impact to wetlands and reduces the density. The Airpark safety
zone will remain open and clear. The density on the western side
of the plat was reduced. Road patterns and lot patterns were
changed to further reduce impact to the wetlands. An overall
phasing plan starts where the land is already zoned R-1 and where
utilities are the closest. There will be six (6) phases. Each
phase is planned for a designated year starting in 1995 and
ending in the year 2002. There will be 20 or less lots developed
per year. This will provide for an orderly pattern of
development.
Mr. Uhde explained this plan will not require a PDO and meets the
requirement for a R-1 development and therefore will not require
any variances to lot sizes or lot width.
There were concerns regarding wetland impact and restoration.
The original plan which was based on septic systems and wells
would have required 6.4 acres of wetland fill. The original
concept plan with sewered lots contained more than 200 lots. If
a PDO had been requested on this proposal, 2.19 acres of fill
would have been required along with about 1.5 acres of
mitigation. The second concept reduced the amount of fill to
just under two (2) acres and about 1.49 acres of wetland
mitigation. The third concept plan showed 153 lots with 3.24
acres of wetland fill and three (3) acres of wetland mitigation.
The final and fourth concept has 135 lots with ,1.9 acres of
wetland fill. There will also be four (4) acres of wetland
mitigation. There will be more flood storage than required. The
excess will be between one and one-half and two (2) times the
flood storage capacity. The drainage in the area will be
enhanced because the water will be controlled and channeled.
The Airpark impact concerns have been considered. Mr. Uhde noted
that he has met with these residents several times and the
meetings are ongoing. A clear zone at the west end of the runway
has been created by eliminating six (6) lots. There will be
disclosures noted from the beginning on the plats and on all
collateral documents. Agents selling the lots will be instructed
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AUGUST 22, 1994
and checked to see that they are disclosing to all potential
buyers that the Airpark is there, that this is a rural area and
people raise certain farm animals and will continue to do this.
There will be restrictive covenants to make sure that future
buyers will be aware of the Airpark does exist and this is a
rural area. The Airpark and the City will receive copies of
these signed disclosure documents. The prospective buyer will be
required to sign the disclosure documents at the time they sign a
purchase agreement and at the time they close on their home. Mr.
Uhde explained that the Airpark residents are a part of the
development process and will continue to be a part of the process
until the development is complete and the last home is built.
Mr. Uhde said that he believes that he has their support and will
work to keep that support until the development is completed.
Mr. Uhde said that all utility extensions will be paid for by the
developer. The existing property owners will not be charged
until they petition to connect to the utility. The development
costs will be paid by the developer. Traffic was another concern •
of the residents. Mr. John Powell, consulting engineer for the
City met with the Anoka County Highway Engineer and determined
that there would not be an impact on the current street
structures other than to require some turn lanes. The cost of
the turn lanes would also be paid by the developer. During peak
hours, 150 additional cars would be coming onto two (2) streets
and five (5) different intersections going in four (4) different
directions. This will not significantly impact the current road
system.
Mr. Uhde referred to MUSA and said he prefers to do a trade, but
since there is a concern on the part of the Planning and Zoning
Board and the City Council will work with the City and the
Metropolitan Council to obtain additional MUSA designation.
Mr. Uhde also noted that the plat will generate approximately
$16,000,000.00 of additional tax base. An annual tax of about
$300,000.00 will be realized by the City. Par% fees in excess of
$70,000.00 will be generated by the plat, as well as over
$310,000.00 in permit fees. Other items of benefit include
utilization of a precious commodity, developable land, extending
sewer and water trunk lines at no cost to the City or the
residents, enhance drainage, enhance wetlands, and provide
housing and workers for the commercial and industrial
development. The design will enhance and protect the rural
character. Mr. Uhde said that he intends to use this as a
selling feature.
Mr. Uhde presented conclusions and plan amendment findings that
were required by Mr. Brixius so that the rezoning request could
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be acted upon:
1. The proposal conforms to that last two (2) Comprehensive
Land Use Plans and the area is designated as Rural
Expansion.
2. Existing land use is low density residential as is the
proposed plat.
3. The proposed concept plan meets all of the current R-1 zone
design and performance standards of lot area and size above
the above the flood plain. The average lot size is over
24,000 square feet, with minimum lot size over 10,800 square
feet.
4. The proposal may be accommodated by existing municipal
services and not over burden city service capacity. The
existing sewer and water main have adequate capacity and
depth to serve this project. The developer will bear cost
of utilities to the proposed plat.
5. The proposal does provide fiscal benefit to the City as
outlined earlier. The 135 new homes will generate
additional building permit fees, park dedication, property
taxes and new residents. New residents are the life blood
of a growing community. The extension of utility services
will allow existing residents to connect when they choose.
6. Traffic generated by the plat is within the capacity of the
streets serving the plat according to the County Highway
Traffic Engineer. The Anoka County Highway Traffic Engineer
has indicated that there are no plans to upgrade Lilac
Street or Sunset Avenue within the next 10 to 15 years.
The plat will generate 150 peak hour trips upon full
development. The County may require turn lanes and if so
the developer will construct them at his own cost.
Mr. Uhde said he feels that he has met all of the requirements
outlined by the City staff that are necessary for a rezone
approval.
Council Member Bergeson referred to the planned extension of
Thomas Street and another new street and noted that they do go
relatively close to existing houses. He asked if the right-of-
way for these two (2) streets has been planned for a long time.
Mr. Uhde explained that these two (2) streets were platted with
the original plat in about 1976.
Mayor Reinert asked how many surface water acres will be platted?
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Mr. Uhde said that there is a significant amount of storm water
holding areas. Mr. Uhde said he has committed to more storm
water holding capacity than is needed. He noted that there is a
drainage concern in the area and feels that it is better to over
engineer the capacity so that it will benefit the entire area.
Mayor Reinert referred to mitigation of wetlands and asked if it
is correct that there will be an additional four (4) acres of
wetland mitigation? Mr. Uhde said yes, there will be a little
over one (1) acre of wetland fill and four (4) acres of wetland
mitigation which is well above what is required. He also noted
that Rice Creek Watershed District has reviewed his previous plat
concept and were supportive and he is confident that the Board
would like the current plat more than the first one they saw.
Council Member Bergeson asked if part of the proposed plat is
zoned R-1 currently. Mr. Uhde said yes, noting it is the
southern half of the Carl Behm farm.
Mr. Brixius explained that the developer is requesting the
balance of Behm's Century Farms be rezoned to R-1 and for the
entire plat to be included in the comprehensive plan amendment
which would bring this area into the MUSA for development.
Council Member Elliott moved to approve the FIRST READING of
Ordinance No. 15 - 94 rezoning Behm's Century Farms and the
request to be included in the comprehensive plan amendment
subject to the 11 conditions outlined in Mr. Brixius staff
memorandum dated August 5, 1994. Council Member Kuether seconded
the motion. Motion carried unanimously.
Consideration of Minor Subdivision for Ida Houle, 7834 - 20th
Avenue - Mrs. Houle is requesting a minor subdivision to allow a
one (1) acre parcel of property to be split from the balance of
her 60 acre parcel. Mrs. Houle will remain in the existing farm
house and sell the balance of the parcel to a buyer who intends
to build a single family home and farm the 60 acres.
The property is zoned Rural and is located on the east side of
20th Avenue and south of 80th Street. The new buyer would be
restricted to 10 acre lot minimums should he/she decide to
further subdivide the site.
Staff has reviewed the request and recommend approval with the
condition that a park dedication fee be collected when a home is
constructed on the balance of the site.
The Planning and Zoning Board reviewed the request and
recommended approval with the conditions outlined by staff.
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Council Member Kuether asked if the property was located in the
MUSA area. Ms. Wyland said no. Council Member Kuether asked if
a ghost plat would be required when an application for a building
permit for the -new house was requested. Ms. Wyland explained
that the City Code did require that a ghost plat be submitted
with the building permit.
Council Member Kuether moved to approve the minor subdivision for
Ida Houle. Council Member Neal seconded the motion. Motion
carried unanimously.
Consideration of a Conditional Use Permit for Westlund, Bodeka,
Hoppe, Forsham Lake Drive for Reduction of Berm - Three (3)
property owners on the north side of Forsham Lake Drive are
requesting that the berm along their rear property line be
reduced. Initially the berm was installed as part of the Shores
of Marshan development and contains some buried debris from the
former Forjay operation. Disclosure of this buried debris was
provided to the property owners at the time of purchase. The
request is to reduce the size of the berm by approximately two
(2) feet which will enhance the useability of the applicants rear
yards.
The property is zoned R-1, Single Family Residential and a public
hearing was conducted at the August 10, 1994 Planning and Zoning
Board meeting after property notification and publication.
Engineering consultant John Powell has reviewed the request as it
relates to the overall grading of the plat and the specific
properties to be regraded. The three (3) lots immediately west
of the subject lots are currently owned by the developer of the
Shores of Marshan. He has been contacted regarding any interest
in participating in the moving of the berm but indicated no
interest at this time.
The staff recommends approval of the Conditional Use Permit
subject to the following conditions:
1. Grading activity must leave sufficient topsoil cover over
the buried debris to support turf establishment.
2. Grading activity is to be contained to that area lying south
of the north property lines of the affected lots and
matching the existing grade two (2) feet from the property
line as indicated on the drawing.
3. Existing drainage routes must be maintained. Sufficient
berming must remain such that drainage from the church site
is not directed to the south and into the backyards of these
lots.
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4. Erosion control, consisting of silt fencing, hay bales, etc.
will be required until turf is established.
5. Regrading must be gradually blended into the undisturbed
berms lying east and west of the proposed regrading area.
6. Existing trees be replaced on the berm.
The Planning and Zoning Board reviewed this request and
recommended approval of the Conditional Use Permit with the
conditions outlined by the staff.
Council Member Kuether asked who would make sure that the
existing drainage is maintained. Ms. Wyland said that the City
Engineer would oversee the project.
Council Member Elliott moved to approve the Conditional Use
Permit subject to the six (6) conditions outlined by staff.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Consideration of a Conditional Use Permit for Al Robinson, 401
Main Street - Mr. Robinson has requested a Conditional Use Permit
to deposit approximately 50,000 cubic yards of "topsoil" 20 to 25
feet in depth to be used as coverage for a five (5) acre area.
The material will be stored temporarily (up to three (3) years)
and used as top soil for the existing landscaping business both
for resale and re -use on the existing sod fields. The material
will be coming from the Main Street reconstruction project. The
applicant intends to provide hay bales and silt fence as
necessary and seed/mulch the slopes.
The property is zoned Rural and according to the Zoning
Ordinance, reclamation shall be permitted by conditional use
permit in all districts. Depositing a total of more than 50
cubic yards of material per acre, either by hauling in or
regrading the area, shall constitute land reclamation.
Notification has been made in the official newspaper and property
owners within 350 feet of the site have been notified by mail.
The Planning and Zoning Board held a public hearing on the
request August 10, 1994. At this meeting, the Planning and
Zoning Board recommended approval of the Conditional Use Permit
with the following conditions:
1. A wetland delineation of the site be prepared.
2. Correspondence from the Rice Creek Watershed District
indicating whether or not a permit is required from them.
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3. A grading and drainage plan be submitted outlining areas to
be covered and amount of materials to be distributed.
4. Proper erosion control of site and stockpile as determined
by the City Engineer.
5. Seeding and mulching as recommended by the City Engineer
immediately following final grading.
6. MPCA permit be obtained if necessary (on a site smaller than
five (5) acres in size, no permit is required).
7. A bond or letter of credit in an amount determined by the
City Engineer.
8. Material to be stockpiled shall be removed by October 31,
1997.
9. Letter indicating hours of operation (hauling and grading).
The City has received a letter from the Rice Creek Watershed
District indicating that a permit will not be required for the
stockpiling of spoils in the area indicated on the sketch plan.
However, spreading of the spoils will require additional review.
A grading plan containing wetland delineation has also been
submitted and appears acceptable.
Council Member Bergeson noted that another application for land
reclamation had been submitted. Ms. Wyland explained that
request had been withdrawn.
Council Member Bergeson moved to approve the request for a
Conditional Use Permit contingent upon the nine (9) conditions
recommended by the Planning and Zoning Board and outlined above.
Council Member Elliott seconded the motion. Motion carried
unanimously.
SECOND READING, Ordinance No. 14 - 94 Rezoning Trapper's Crossing
to Planned Development Overlay (PDO) - Mr. Brixius explained that
at the August 8, 1994 City Council meeting, the City Council
moved to approve the FIRST READING of Ordinance No. 14 - 94
rezoning Trapper's Crossing and approved the preliminary plat.
Mr. Brixius said he wanted to respond to several items mentioned
at Open Mike this evening to make the City Council aware of the
process that this plat has gone through to this point and maybe
dispel a number of concerns that may exist. The plat consists of
a plat that was submitted March 13, 1994 with 127 lots and a PDO
request over the R -1X zoning. Some lots were as narrow as 80
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feet in width, there was a street stubbed to the Walseth
property. The staff review and Planning and Zoning Board review
in April indicated that this plat was unacceptable. Staff
recommended elimination of a number of lots to reduce the density
and bring the PDO up to a standard which consists of interior lot
widths of 85 feet, and meeting R -1X area standards. Where
wetlands were being imposed some flexibility on lot size would be
acceptable providing the lots had at least a R-1 standard of
10,800 square feet. The standard for a corner lot is 105 feet in
width. Mr. Brixius said he did suggest to the developer that he
request a PDO however, the suggestion was not open blank check to
pursue flexibility. Performance standards established included
lot widths of at least 85 feet based on what is necessary to
accommodate a R -1X house.
In response to staff suggestions, a preliminary plat dated May 5,
1994 was submitted to staff which included some alterations in
the wetlands delineations. In additions some changes occurred in
the northern portion of the plat (north of Holly Drive). The
access into the Walseth property was eliminated due to an
expressed concern of Ms. Walseth. The lots were increased in
size and there were considerations of some different street
configurations but major changes were not made. Generally the
street design follows the same configuration as shown on the
March submission, only the lot sizes and lot configurations have
changed slightly to reduce density and meet the performance
standards set by staff.
The Planning and Zoning Board considered the PDO request and
preliminary plat in April and May and recommended against the PDO
and requested that a R -1X plat be submitted. In May a R -1X
concept was submitted showing 104 lots and again the Planning and
Zoning Board said that they did not want to consider a PDO
zoning.
At the August, 1994 Planning and Zoning Board meeting, the
applicant submitted a drawing for the City Council to review.
The intention of the applicant was to submit a plan that was
recommended by staff after the May, 1994 Planning and Zoning
Board meeting. The plan (submission) was received on August 1,
1994 and shows that the northern portion (north of Holly Drive)
is identical to what was submitted in the May, 1994 Planning and
Zoning Board meeting. Everything south of Holly Drive is
identical to what was submitted to the Planning and Zoning Board
at the March, 1994 Planning and Zoning Board meeting. The
Planning and Zoning Board has seen this design at previous
meetings. At no time was the plat submitted at the April, 1994
Planning and Zoning satisfactory.
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In preparing for the August 8, 1994 City Council meeting, staff
indicated to the developer just what was necessary to meet staff
requirements including the elimination of a number of lots.
There was no recommendation to change the street configuration,
only to decrease the number of lots to increase the lot areas in
certain blocks and lot widths to meet City standards.
Since the last City Council meeting additional revisions have
been made to the preliminary plat. Mr. Brixius outlined each
revision and noted each lot that would fall below the R -1X
standard but would meet the R-1 standard. He noted the lots that
fall below the R -1X area standards and are not impacted by
wetlands will be required to meet R -1X area standards. Mr.
Brixius noted that of the 115 lots proposed, approximately 32 are
requesting some type of flexibility with regard to either lot
width or lot area. The applicant has submitted a R -1X concept
plan showing 104 lots but is requesting that the City Council
consider a PDO concept plan showing 115 lots. At the last
Council meeting, the Council voted to approve the PDO concept
contingent upon a number of conditions including a landscape plan
for the perimeter of the subdivision in an attempt to,respond to
neighborhood concerns of trespassing as well as a number of other
features.
Council Member Bergeson asked what the number of lots were in the
original PDO request. Mr. Brixius said 127.
Council Member Elliott noted that when Behm's Century Farms was
discussed earlier this evening, Mr. Uhde explained how
disclosures were to be handled to insure the rural nature of the
surrounding properties. Mrs. Walseth has expressed concern that
her new neighbors would object to her hobby farm. Council Member
Elliott asked if it would be appropriate to require the same
disclosure procedures for this subdivision. Mr. Brixius said
that this would be an appropriate inclusion as part of the PDO.
This insures that the new lots will be marketed in a fashion that
the new residents will be aware of what is located next to them
and that there will be adjoining properties that will continue to
function as a rural use.
Council Member Neal asked if a schedule of the phasing of lots
could be included in the PDO. Mr. Brixius said that it is
planned to develop the subdivision in three (3) phases and he has
told the developer that a phasing plan will be required.
Council Member Bergeson noted that the 127 PDO plat proposal went
before the Planning and Zoning Board in April, however the 115
PDO arrangement did not go before the Planning and Zoning Board.
Mr. Brixius explained that the 115 PDO represents the May
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COUNCIL MEETING AUGUST 22, 1994
submission and the applicants attempt to respond to the staff
recommendation. In both cases the Planning and Zoning Board
recommended denial of the PDO and requested that the developer
submit a R -1X preliminary plat.
Mayor Reinert asked about Lot 11, Block 3 and Lot 7, Block 4
which fall below 12,000 square feet as does Lot 5, Block 5 and
Lot 13, Block 5. He asked which lot had to be re -adjusted. Mr.
Brixius said Lot 3, Block 3. The only area where staff is
recommending flexibility are areas impacted by wetlands and lot
width. Mayor Reinert said he would also like to see a plan for
phasing the development of the lots. This should help to level
development and get rid of the peaks and valleys in home
building.
Mr. Kirk Corson representing Hokanson Development responded to
the concern about phasing the project. He explained that because
the lots are going to be more expensive, he anticipated that the
lots will not sell fast. Mr. Corson said that it would be in the
best interest to Hokanson Development to build the development in
phases possibly even four (4) phases. He noted that the area
north of Holly Drive will be the first phase and the area south
of Holly Drive will be divided into at least two (2) and possibly
three (3) phases.
Mayor Reinert asked Mr. Corson if it would be possible to prepare
a phased development plan similar to Mr. Uhde's plan. This can
be made a part of the developer's agreement. Mr. Corson said
that would be no problem.
Council Member Elliott moved to adopt the SECOND READING of
Ordinance No. 14 - 94, Rezoning Trapper's Crossing to a PDO.
Council Member Kuether seconded the motion. Council Member
Bergeson noted that the Planning and Zoning Board never reviewed
the plat with 115 lots. He noted that the plat started with 127
lots and this number was reduced by staff asking for changes
which resulted in 115 lots. Normally in a case such as this, the
revised plat would have gone back to the Planning and Zoning
Board for a review of the revised plat. However, because of the
time constraint in the law, the revised plat did not go back to
the Planning and Zoning Board. Because of the time constraints,
the City Council had been asked to consider the revised plat
without a recommendation from the Planning and Zoning Board. The
City Council must now make a decision on the revised plat based
on staff input only and the City Council can only do the best
based on what is before them. Council Member Bergeson noted that
earlier the City Council was criticized for moving forward with
the revised plat, however, there was no choice because the law
required action by the City Council at that time. The City
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Council had to decide what was the best way to handle the matter.
Council Member Bergeson said he feels that 115 lots is not an
unreasonable amount of lots. There is not going to be any
noticeable difference in traffic or anything else whether there
are 104 or 115 lots. He also said that by the time the final
plat comes before the City Council, it may contain less than 115
lots. Council Member Bergeson explained that the August 8, 1994
vote by the Council was done in a hurry but everyone was aware
what they were voting for but did not do a lot of explaining
about how and why they voted the way they did.
Mayor Reinert explained that he voted against the PDO at the
August 8, 1994 meeting after he had indicated that he was in
favor of the PDO. He felt the time constraint was an issue and
had requested the developer to waive the time constraints.
However, this did not happen. Mayor Reinert saidthe second
reason he voted against the PDO was because the R -1X is the
underlaying part of the PDO and there were some substandard lots
and they needed to be reviewed. He said that now he is satisfied•
that this concern has been addressed. This is only a preliminary
plat that will be adjusted as necessary. Mayor Reinert explained
that he has been very concerned about a leveling off effect of
the number of new homes that are built on an annual basis. If
this developer brings in the phasing plan, it gives the City a
better opportunity to look at the number of homes that will
impact the City in a given year. If that is adhered to, there
will be a leveling effect in home construction and the community
will benefit. Mayor Reinert said that the submission this
evening addresses his concerns and he saw no reason to vote
against it.
Mr. Brixius noted that a motion and a second to the motion is on
the floor and asked that the motion be amended to included the
conditions of approval noted at the August 8, 1994 Council
meeting and also include disclosure requirements, the phasing
plan and the lot adjustments discussed this evening. Council
Member Elliott and Council Member Kuether accepted the amendment.
Council Member Neal asked if the reconstruction of Holly Drive is
still a part of the approval. Mr. Brixius said yes, it is
outlined in the August 8, 1994 conditions of approval.
Council Member Bergeson noted that sometimes the term
"substandard" creeps into the discussion and maybe that is not
the correct term. In the PDO there are 73 lots that meet or
exceed the R -1X standard and 32 lots which exceed the R-1
standard so technically some are substandard R -1X lots but most
exceed the R-1 standard and in some cases by a significant
amount. These are still good sized lots.
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COUNCIL MEETING
AUGUST 22, 1994
Voting on the motion, motion carried unanimously. Ordinance No.
14 - 94 can be found at the end of these minutes.
CITY ENGINEER'S REPORT, DARRELL SCHNEIDER
Consideration of Resolution No. 94 - 57 Approving Bids for the
Hodgson Road Watermain Improvement Project, John Powell - Mr.
Powell explained that at the July 25, 1994 Council meeting, the
Council adopted a resolution approving plans and specifications
for the Hodgson Road Watermain Improvement and ordered bids to be
received this morning at 10:00 A.M. The specifications state
that bids would be considered at this meeting. At this time
there is no specific recommendation. Mr. Powell requested that
the City Council receive the bids.
Council Member Elliott moved to accept thebids for the Hodgson
Road Watermain Improvement. Council Member Bergeson seconded the
motion. Motion carried unanimously.
Consideration of Resolution No. 94 - 67 Authorizing Preparation
of a Feasibility Report, Ross Extension on Ware Road - Mr.
Schneider explained that a petition requesting water and sanitary
sewer service has been submitted to the City by Mr. Al Ross, 6356
Ware Road. Mr. Ross has an immediate need for water service due
to a failing well and is also requesting that sewer service be
extended to serve his property. Both sanitary sewer and water
service have been extended to within 100 feet of Mr. Ross'
property as part of a previous improvement project.
To determine the most efficient way to serve the Ross property,
and those areas immediately around it, a feasibility report
should be prepared.
Mr. Powell has already done some work on preparing costs and
looked at some alternatives for providing water service to Mr.
Ross.
Mr. Schneider gave a brief background on utility service on Ware
Road. In 1991 a feasibility report was ordered for the entire
area beginning at Hawthorn Road south to about 62nd Street. A
petition for the feasibility report was signed by 80% of the
residents in that area. However, when the costs were made
available at the public hearing, the project lost its support.
Since then there has been support for small sewer and water
extension projects in the area.
Mr. Schneider explained that at this time the minimum project he
would recommend is connecting the eight (8) inch watermain stubs
on Hawthorn Road and on one of the lots in Pine Ridge along with
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an extension of a sewer line so that there is sewer service in
front of the lots all the way to Hawthorn Road. The estimated
cost of this improvement on a very preliminary basis is
$50,000.00. Mr. Ross would bear about $10,000.00 in costs.
Sewer service would be made available to the property owners on
the west side of Ware Road. This raises the concern that if any
of the lots on the west side of Ware Road were to be sold, many
financial institutions would ask if sewer and water utilities are
available. The answer to that question would be yes and the
financial institutions may require the property being sold to
connect. At this time the residents on the west side of Ware Road
may not be aware that such a project is being considered.
The cost of the feasibility report would be $1,000.00. The
report can be completed in about two (2) weeks. It would not be
complete but would provide enough information to discuss the
improvement at a public hearing.
Council Member Neal asked when the services would be available.
Mr. Schneider said that it is possible to get the work completed
yet this fall but would require a very tight schedule. He asked
for the City Council to consider not providing utility service on
a lot by lot basis. He asked that there be a more comprehensive
approach to providing utility services at a minimum of a quarter
of mile.
Council Member Neal asked if Mr. Schneider was considering
providing water and sewer service at one time. Mr. Schneider
said yes although the services would be placed in separate
trenches, the area would be disturbed only once.
Council Member Kuether asked if the City Council can legally
order the feasibility report? Mr. Schneider explained that
according to the City Charter only 25% of the affected property
owners need to sign a petition for a feasibility report. The
City Council can request a feasibility report with at least a
four-fifths vote. Mr. Hawkins explained that 51% of the
landowners can petition to stop an improvement project but the
City Council can initiate a project.
Council Member Kuether asked if the landowners on the west side
of Ware Road would be made aware of the proposed improvement
project. Mr. Schneider said he was not sure if this was required
however he suggested that they be included in the feasibility
report and notified of the public hearing.
Mr. Schneider explained that the feasibility report that will
come before the City Council will be rather "sketchy". It will
draw information from the report prepared in 1991. This will
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COUNCIL MEETING AUGUST 22, 1994
make the report less expensive and if for some reason this
proposed improvement does not get completed, all of this
information will be available in the future.
Council Member Bergeson asked if the $1,000.00 cost for
preparation of the feasibility report will be charged back to the
people requesting the services. Mr. Schneider explained that
there is no provision for doing this. Council Member Kuether
explained that more than a $1,000.00 was spent in 1991 for that
report and then 80% of the residents petitioned out of the
project including Mr. Ross.
Council Member Neal asked when the project will be started. Mr.
Schneider explained that the report will be brought to the
September 12, 1994 City Council meeting and if the project makes
sense, the City Council can order plans and specifications and
set the public hearing at the same time so that bids could be
available at the public hearing. Council Member Neal said he
felt that since the water service is so close, it will take a
long time to get anything accomplished. Mr. Schneider explained
that to just connect Mr. Ross' house requires extending the line
about 150 feet. However, there are many other things to be
considered during the construction.
Council Member Bergeson asked if it would be possible to set the
public hearing at this time and then if it is not needed cancel
it at that time. Mr. Hawkins said a date can be set now if Mr.
Schneider is willing to tell the City Council now that the
project is feasible.
Council Member Elliott moved to approve Resolution No. 94 - 67
Ordering the Preparation of a Feasibility Report for the Ware
Road Utility Improvements. Council Member Bergeson seconded the
motion. Motion carried with Council Member Kuether voting no.
Resolution No. 94 - 67 can be found at the end of these minutes.
Council Member Bergeson asked if Mr. Schneider was comfortable
with this time table. Mr. Schneider said the process will take
some time and if we have an early winter, construction may have
to wait until spring. Council Member Bergeson said he would
suggest setting the public hearing tonight. Mr. Hawkins said
that this is frequently done, however, the report must be present
at the public hearing. Mr. Schneider reported to the City
Council that the project is feasible and the feasibility report
will be brought to the City Council at the September 12, 1994
meeting. He suggested setting the public hearing tonight.
Council Member Bergeson suggested that a public hearing be set at
the end of this Council meeting.
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CONSIDERATION OF HIRING A SOLID WASTE COORDINATOR, DON VOLK
Mr. Volk asked for Council consideration to hire a Solid Waste
Coordinator. He explained that the position was held by Fran
Kurk until her resignation. Advertisements were placed in the
three (3) local newspaper and also advertised verbally at the
Anoka County Solid Waste Advisory Committee meetings. Applicants
were accepted, review and three (3) candidates were interviewed.
Jackie Constant is the candidate that is best qualified for the
position. Ms. Constant has been employed in the waste abatement
field for the past six (6) years. Her present employer is one of
the two (2) largest metro area private waste abatement companies.
Ms. Constant is a resident of Lino Lakes. Mr. Volk said he felt
that Ms. Constant is the major reason that the City of Lexington
agreed to enter into a contract with Lino Lakes for Solid Waste
Coordinator services.
The position is a permanent part-time position of about 30 hours
per week. Up to 15 of these hours will be spent in the City of
Lexington.
Mr. Volk recommend that the City Council hire Jackie Constant as
the Solid Waste Coordinator.
Mayor Reinert asked Mr. Volk to invite Ms. Constant to a Council
meeting and introduce her.
Council Member Bergeson moved to hire Jackie Constant as the Lino
Lakes Solid Waste Coordinator. Council Member Elliott seconded
the motion. Motion carried unanimously.
CONSIDERATION OF APPROVING RESOLUTIONS DECLARING COSTS TO BE
ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS
Eight (8) improvement projects in the City have progressed to the
point where assessment rolls can be prepared. 'Costs for each
improvement have been calculated by the consulting engineer and
resolutions have been prepared ordering preparation of the
assessment rolls. State statutes and the City Charter require a
formal resolution ordering the preparation of the assessment roll
for each improvement.
Council Member Kuether moved to adopt Resolution No. 94 - 46
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Pheasant Hills Preserve, Third Addition.
Council Member Neal seconded the motion. Motion carried
unanimously.
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COUNCIL MEETING AUGUST 22, 1994
Council Member Bergeson moved to adopt Resolution No. 94 - 47
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Pheasant Hills Preserve, Fourth Addition.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Council Member Neal moved to adopt Resolution No. 94 - 48
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Pheasant Hills Preserve, Fifth Addition.
Council Member Kuether seconded the motion. Motion carried
unanimously.
Council Member Kuether moved to adopt Resolution No. 94 - 49
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Pheasant Hills Preserve East. Council Member
Elliott seconded the motion. Motion carried unanimously.
Council Member Bergeson moved to adopt Resolution No. 94 - 50
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Pine Ridge Addition, II. Council Member Elliott
seconded the motion. Motion carried unanimously. -
Council Member Kuether moved to adopt Resolution No. 94 - 51
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Country Lakes Estates. Council Member Neal
seconded the motion. Motion carried unanimously.
Council Member Elliott moved to adopt Resolution No. 94 - 52
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Fox Trace. Council Member Bergeson seconded the
motion. Motion carried unanimously.
Council Member Kuether moved to adopt Resolution No. 94 - 53
Declaring Costs to be Assessed and Ordering Preparation of
Assessment Roll, Wenzel Farms, Fourth Addition. Council Member
Neal seconded the motion. Motion carried unanimously.
CONSIDERATION OF RESOLUTIONS GIVING NOTICE OF A PUBLIC HEARING ON
PROPOSED ASSESSMENTS
Resolutions have just been adopted that ordered preparation of
assessment rolls for eight (8) improvement project in the City.
Assessment rolls have already been completed and approval of
resolutions setting the date for the public hearings on the
assessments must be adopted to fulfill the requirements of State
statutes and the City Charter.
Council Member Bergeson moved to adopt Resolution No. 94 - 58
Setting Hearing for the Improvements in Pheasant Hills Preserve,
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Third Addition. Council Member Elliott seconded the motion.
Motion carried unanimously.
Council Member Elliott moved to adopt Resolution No. 94 - 59
Setting Hearing for the Improvements in Pheasant Hills Preserve
Fourth Addition. Council Member Kuether seconded the motion.
Motion carried unanimously.
Council Member Kuether moved to adopt Resolution No. 94 - 60
Setting Hearing for the Improvements in Pheasant Hills Preserve
Fifth Addition. Council Member Neal seconded the motion. Motion
carried unanimously.
Council Member Bergeson moved to adopt Resolution No. 94 - 61
Setting Hearing for the Improvements in Pheasant Hills Preserve
East. Council Member Kuether seconded the motion. Motion
carried unanimously.
Council Member Kuether moved to adopt Resolution No. 94 - 62
Setting Hearing for the Improvement in Pine Ridge Addition, II.
Council Member Neal seconded the motion. Motion carried
unanimously.
Council Member Elliott moved to adopt Resolution No. 94 - 63
Setting Hearing for the Improvement in Country Lakes Estates.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
Council Member Elliott moved to adopt Resolution No. 94 - 64
Setting Hearing for the Improvement in Fox Trace. Council Member
Kuether seconded the motion. Motion carried unanimously.
Council Member Kuether moved to adopt Resolution No. 94 - 65
Setting Hearing for the Improvement in Wenzel Farms, Fourth
Addition. Council Member Neal seconded the motion. Motion
carried unanimously.
Council Member Elliott noted that the public hearing for the
above improvement projects was set for September 26, 1994, 6:45
P.M.
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
Consideration of an Application for a Block Party, Lonesome Pine
Trail - Mrs. Anderson explained that the application for this
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COUNCIL MEETING
AUGUST 22, 1994
block party is proposing to block a portion of a through street.
The blocking of through streets was discussed at the August 17,
1994 Council work session and the City Engineer was directed to
get information from the League of Minnesota Cities Insurance
Trust (LMCIT) regarding liability in the event that someone was
injured on the street during the block party.
Mr. Schneider explained that a letter has been received from the
loss control attorney at LMCIT stating that it is clear that a
City can close a portion of a street for recreational purposes.
The letter also states that there is potential liability for the
City anytime such an event occurs. The City has to exercise
reasonable care to protect both the people who are using the
closed off street and the people using the street which leads to
the closed off portion. It is important that the City provide
adequate barricades to insure the safety of everyone. The letter
further states that the City should provide adequate instructions
for placing the barricades and monitor the people so that it is
done properly. The City may consider having an employee or a
Police Reserve member on the scene. If the site of the party is
a through street, the City should provide an alternate route for
through traffic during the block party. This route should be
well marked and this may be a particular issue of the through
street is part if an emergency vehicle route.
The letter continues by stating that there may also be potential
liability if there are any defects in the surface of the street.
It is important to inspect the street before granting the permit.
If there are any defects, the City should make repairs, place a
warning device at the defect or ask the party requesting the
permit agree to take on the liability.
Although block parties are a good way for bringing a community
together. However, anytime the right-of-way is used for that
purpose, there may be potential liability for the City. The
letter writer suggests investigating any such request to limit
the City's liability.
Enclosed with the letter were documents that other cities have
used to limit the liability during block parties.
Mr. Schneider said that the basic suggestion of the LMCIT is that
the City be more formal in providing barricades. It will be
difficult to place barricades after normal business hours.
Therefore, an employee would be called in on an overtime basis to
set up the barricades and there would be a cost for doing this.
In addition, the forms included with the LMCIT letter require
that someone sign off on the liability. Mayor Reinert explained
that in the past the City required such a signature. However,
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nobody would accept the liability and the City changed its
policy. He felt that something as suggested must be established
including the cost.
Council Member Kuether noted that there are some model homes in
the area and they will affected if the street is closed. Mrs.
Anderson explained that there was one model home but the street
in front of that home would not be closed.
Mr. Schneider recommended that a minimum charge of $100.00 be set
and have a City employee set up the barricades. The key element
is that there is supervision and the City is responsible for
setting up the barricades. Council Member Kuether suggested that
a Police Officer check to see that the barricades are properly
installed.
Mayor Reinert said that it is obvious that the City needs a
policy on this matter. The City does not want to discourage
block parties since it is a good method for new neighbors to get
acquainted with one another.
Mayor Reinert asked that the applicant for this block party be
contacted and these concerns be conveyed to them. The City is
not in a position to pass on costs at this time. Mr. Hawkins
suggested that if the policy is to be changed, it should be done
at this meeting. Mr. Schneider recommended that there be a sign
off on liability. Mr. Hawkins said that will be a problem
because no one person would want to accept liability for the
entire party and this would discourage people from having block
parties. Council Member Kuether suggested that all persons
attending the block party sign the waiver. Mr. Schneider
explained that by refusing to sign the form, they are refusing to
accept any liability.
Council Member Bergeson agreed that the policy should be changed
and maybe a fee should be charged. However, this applicant
applied under current policy and felt that the -City Council
should approve this application as they have all other requests
this summer. He then suggested that this matter be put on a
future agenda.
Council Member Bergeson moved to approve the block party with the
requirement that proper barricades be installed. Council Member
Neal seconded the motion. Motion carried unanimously.
Council Member Bergeson moved to instruct staff to bring
recommendations on changing the block party requirements
including possibly a fee to the next Council work session.
Council Member Kuether seconded the motion.
PAGE 27
COUNCIL MEETING
AUGUST 22, 1994
Council Member Elliott noted that the period for block parties is
coming to a close and with all the other matters that staff must
deal with such as budgeting and the Vision 20/20 program,
suggested that consideration of changing the block party
requirements be delayed until staff has more time in the winter.
Council Member Bergeson amended his motion to bring the matter
back to City Council no later than March 1, 1995. Council Member
Neal agreed with this amendment.
Voting on the motion, motion carried unanimously.
Consideration of a Beer License, Cabaret License and Special
Event Application for the Circle/Lex Lions Club for Sandbur
Days - Mrs. Anderson noted that Sandbur Days will be held the
weekend of September 10th and llth at Sunrise Park. This annual
event requires several licenses and/or permits.
The beer license application is complete and a certificate of
insurance naming the City as additional insured has been
received. The cabaret license is also complete. The -applicant
has been working with the Police Department, Fire Department and
Parks Department to coordinate this event. A food license is
required by Anoka County and will be issued and posted. A map
showing the layout of the event has also been received.
During this same weekend Waldoch's Sports will be conducting
their annual snow mobile race on grass, Gethsemane Methodist
Church will be holding their annual booya and the Men's Club at
St. Joseph Catholic Church will be conducting their annual
auction. Police Chief Pecchia states that there will be
additional Police Officers working that weekend.
Council Member Neal moved to approve the beer license, cabaret
license and the special events permit. Council Member Kuether
seconded the motion. Motion carried unanimously.
RESCHEDULE Ways and Means Committee Meeting, August 31, 1994,
5:00 P.M. - This is for informational purposes only.
Correctional Facility Report - Council Member Neal explained that
he recently attended a Correctional Facility meeting regarding
expansion of facilities within the state. Previously, it was
thought that the State Hospital at Cambridge, Minnesota would be
converted to prison use. It has now been decided to build a new
facility at that location. The facility will be about the size
as the facility in St. Cloud.
Consideration of Disbursements, August 22, 1994 - Council Member
PAGE 28
1
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1
COUNCIL MEETING AUGUST 22, 1994
Kuether referred to page seven (7) of the Disbursements and asked
if the new furniture recently purchased by the Police Department
is in their budget. Mr. Tesch explained that the furniture
consisted of some new chairs. He will check to see if this
purchase was budgeted.
Council Member Kuether noted that a new windshield was purchased
for a squad car. She asked if this was covered by insurance.
Mr. Tesch explained that the amount shown on the Disbursements is
the deductible and it was for replacement of the CSO vehicle
windshield. He will determine the exact amount of deductible for
window replacement.
Council Member Kuether noted a disbursement to St. Joseph
Equipment for rental of equipment. Mr. Schneider explained that
the City rents a -large backhoe during the overlay construction
period. It is used to remove poor base soils and put in new
soils.
Council Member Elliott moved to approve the Disbursements as
presented. Council Member Kuether seconded the motion. Motion
carried unanimously.
Set Public Hearing for Ware Road Improvement, Resolution No. 94 -
68 - Council Member Elliott moved to adopt Resolution No. 94 - 68
Setting the Public Hearing for the Ware Road Improvement for
September 26, 1994, 7:00 P.M. Council Member Kuether seconded
the motion. Motion carried unanimously.
Bald Eagle Lake Ice Fishing Resolution - Council Member Kuether
noted that the meeting regarding the issues caused by ice fishing
on Bald Eagle Lake is later this week. Since she has not
received any comments or suggestions from the City Council or the
public, she suggested that she go along with setting a public
hearing on the matter. This appeared to be the consensus of the
City Council.
Council Member Elliott moved to adjourn at 8:58 P.M. Council
Member Bergeson seconded the motion. Motion carried unanimously.
These minutes were considered, corrected and approved at a
regular City Council meeting held on September 12, 1994.
)4 :"/)/1:01/1_2),,,_/
r'lyn . Ande son, Vernon F. Reinert,
Cle k -Treasurer Mayor
PAGE 29
Council Member Elliott introduced the following ordinance and
moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
ORDINANCE NO. 14 — 94
AN ORDINANCE AMENDING ORDINANCE B1 OF THE CITY OF LINO LAKES BY
REZONING CERTAIN REAL ESTATE FROM SINGLE FAMILY EXECUTIVE (R -1X) TO
PLANNED DEVELOPMENT OVERLAY (PDO), TRAPPER'S CROSSING
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does ordain:
I.
Ordinance No. Bi of the City of Lino Lakes, Anoka County,
Minnesota, passed by the City Council on July 13, 1992 is hereby
amended by rezoning from Single Family Executive (R -1X) to Planned
Development Overlay (PDO), pursuant to the provisions of the Zoning
Ordinance of the City of Lino Lakes, the following described real
estate:
That part of the South Half of the Southeast Quarter of
Section 28, Township 31, Range 22, Anoka County, Minnesota,
described as follows:
Commencing at the northeast corner thereof; thence westerly
along the north line thereof, a distance of 1070.90 feet (for
the purposes of this description, the east line of said South
Half of the Southeast Quarter is assumed to bear North 0
degrees 02 minutes 07 seconds east); thence South 26 degrees
12 minutes 00 seconds West, a distance of 770.00 feet; thence
South 31 degrees 59 minutes 18 seconds West a distance of
197.21 feet to the northwest corner of the south 467.00 feet
east 1514.80 feet of said South Half of the Southeast Quarter;
thence easterly along the north line of said south 467.00 feet
thereof, a distance of 467.01 feet to the east line of the
west 467.00 feet of the east 1514.80 feet thereof; thence
southerly along said east line, a distance of 467.01 feet to
the south line thereof; thence easterly along said south line,
a distance of 467.01 feet to the west line of the east 580.80
feet of said South Half of the Southeast Quarter; thence
northerly along said west line, a distance of 600.01 feet to
the north line of the south 600.00 feet thereof; thence
westerly along said north line, a distance of 75.73 feet to
the west line of the East Half of the Southeast Quarter of
said Southeast Quarter; thence northerly along said west line,
a distance of 721.82 feet to the north line of said South Half
of the Southeast Quarter; thence westerly along said north
line, a distance of 413.26 feet to the point of beginning.
AND the Northeast Quarter of the Northeast Quarter of Section
1
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ORDINANCE NO. 14 - 94
Page -2-
33, Township 31, Range 22, Anoka County, Minnesota.
AND that part of the Northwest Quarter of the Northeast
Quarter of Section 33, Township 31, Range 22, Anoka County,
Minnesota, lying southeasterly of the center line of Holly
Drive.
Subject to the right-of-way of Holly Drive.
Subject to other valid easements, if any.
II.
Save as above amended, said ordinance No. B1 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 City Council of the City of Lino Lakes this 22nd day
of August, 1994.
ATTEST:
Vernon F. Reinert, Mayor
Marilyn . Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Kuether and upon vote being
taken thereon, the following voted in favor: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None
Whereupon said ordinance was declared duly passed and adopted.
6€
Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94 — 46
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, PHEASANT HILLS PRESERVE, 3RD ADDITION
WHEREAS, Pheasant Hills Preserve, 3rd Addition is a "contractor
improvement" and a contract for the construction of the
improvements was not awarded by the City of Lino Lakes
and is not included in the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $121,027.10 so that the
total cost of the improvement to be assessed is
$121,027.10.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $121,027.10.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected,' without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
1
RESOLUTION NO. 94 - 46
Page -2-
ATTEST:
fi /
Marilyn G. Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether,
Neal, Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
Council Member Bergeson
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94 — 47
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, PHEASANT HILLS PRESERVE, 4TH ADDITION
WHEREAS, Pheasant Hills Preserve, 4th Addition is a "contractor
improvement" and a contract for the construction of the
improvements was not awarded by the City of Lino Lakes
and is not included in the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $90,806.45 so that the
total cost of the improvement to be assessed is
$90,806.45.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $90,806.45.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
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RESOLUTION NO. 94 - 47
Page -2-
ATTEST:
4,42, tcji,
t n Anderson
Mari
y Clerk -Treasurer
The motionfor 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.
Whereupon said resolution was declared duly passed and adopted.
Council Member introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 - 48
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, PHEASANT HILLS PRESERVE, 5TH ADDITION
WHEREAS, Pheasant Hills Preserve, 5th Addition is a "contractor
improvement" and a contract for the construction of the
improvements was not awarded by the City of Lino Lakes
and is not included in the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $234,149.14 so that the
total cost of the improvement to be assessed is
$234,149.14.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $234,149.14.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected,'without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
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71
RESOLUTION NO. 94 - 48
Page -2-
ATTEST:
ty,7( 016-22,k4K.
Maril n G. Anderson Clerk -Treasurer
Y ,
The motion for 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.
Whereupon said resolution was declared duly passed and adopted.
7 r�
Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94 — 49
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, PHEASANT HILLS PRESERVE EAST (RANDY REHBEIN
PROPERTY)
WHEREAS, Pheasant Hills Preserve East is a "contractor
improvement" and a contract for the construction of the
improvements was not awarded by the City of Lino Lakes
and is not included in the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $14,835.66 so that the
total cost of the improvement to be assessed is
$14,835.66.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $14,835.66.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be,specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
RESOLUTION NO. 94 - 49
Page -2-
ATTEST:
(:=1/1 A/d-6-TA_.7
Marilyn d. Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
7
Council Member Bergeson introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 50
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, PINE RIDGE, II ADDITION
WHEREAS, Pine Ridge, II Addition is a "contractor
improvement" and a contract for the construction of the
improvements was not awarded by the City of Lino Lakes
and is not included in the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $95,413.70 so that the
total cost of the improvement to be assessed is
$95,413.70.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $95,413.70.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected,' without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
RESOLUTION NO. 94 - 50
Page -2-
ATTEST:
Marilyn G. Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
76
Council Member
Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94 — 51
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, COUNTRY LAKES ESTATES
WHEREAS, contracts have been awarded for the improvement of
Country Lakes Estates and the contract price for such
improvement is $650,220.00, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $650,220.00 so that the
total cost of the improvement to be assessed is
$650,220.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $650,220.00.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected, without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
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RESOLUTION NO. 94 - 51
Page -2-
ATTEST:
Marilyn G. Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
7
Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 52
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, FOX TRACE
WHEREAS, Fox Trace is a "contractor improvement" and a contract
for the construction of the improvements was not awarded
by the City of Lino Lakes and is not included in the
assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $268,860.78 so that the
total cost of the improvement to be assessed is
$268,860.78.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $268,860.78.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected/ without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
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RESOLUTION NO. 94 - 52
Page -2-
ATTEST:
Marilyn. Anderson, Clerk -Treasurer
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.
Whereupon said resolution was declared duly passed and adopted.
Council Member Kuether introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 53
RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION
OF ASSESSMENT ROLL, WENZEL FARMS, 4TH ADDITION
WHEREAS, Wenzel Farms, 4th Addition is a "contractor improvement"
and a contract for the construction of the improvements
was not awarded by the City of Lino Lakes and is not
included in the assessment total, and
WHEREAS, additional costs outlined in the Development Agreement
have been determined to be $66,059.55 so that the
total cost of the improvement to be assessed is
$66,059.55.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the
City is hereby declared to be zero and the portion of the cost
to be assessed against benefitted property owners is declared
to be $66,059.55.
2. Assessments shall be payable in equal annual installments
extending over a period of fifteen years, the first
installment to be payable on or before the first Monday in
January, 1995, and shall bear interest at the rate of eight
and one-half (8 1/2) per cent per annum from the date of the
adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall
forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or
parcel of land within the district affected; without regard to
cash valuation, as provided by law, and she shall file a copy
of such proposed assessment in her office for public
inspection.
4. The City Clerk shall upon the completion of such proposed
assessment, notify the City Council thereof.
Adopted by the City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
1
RESOLUTION NO. 94 - 53
Page -2-
ATTEST:
Marilyn G. Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Kuether,
Elliott, Neal, Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
81
Council Member Bergeson
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 94 — 58
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN PHEASANT HILLS PRESERVE, THIRD ADDITION
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Pheasant Hills Preserve, Third Addition,
and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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RESOLUTION NO. 94 - 58
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Marilyn
A
. Anderson, Clerk
Vernon F. Reinert, Mayor
83
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
Council Member Elliott introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 59
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN PHEASANT HILLS PRESERVE, FOURTH ADDITION
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Pheasant Hills Preserve, Fourth Addition,
and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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RESOLUTION NO. 94 - 59
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Vernon F. Reinert, Mayor
Marily. Anderson, Clerk
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: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
Council Member Kuether
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 94 — 60
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN PHEASANT HILLS PRESERVE FIFTH ADDITION
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Pheasant Hills Preserve, Fifth Addition,
and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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RESOLUTION NO. 94 - 60
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Vernon F. Reinert, Mayor
��(✓j Z�J 6/ keA V
Ma lyr' G. Anderson, Clerk
The motion for the adoption of the foregoing resolution was duly .
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
?ie
Council Member Bergeson introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 - 61
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN PHEASANT HILLS PRESERVE EAST
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Pheasant Hills Preserve East, and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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RESOLUTION NO. 94 - 61
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Vernon F. Reinert, Mayor
Marilyr4 G. Anderson, Clerk
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: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
Council Member Kuether
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 94 — 62
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN PINE RIDGE ADDITION, II
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Pine Ridge Addition, II and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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91
RESOLUTION NO. 94 - 62
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Vernon F. Reinert, Mayor
()( „Li:LA-6267Q_,
Marilyy/G. Anderson, Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal,'
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
92
Council Member Elliott introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 63
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN COUNTRY LAKES ESTATES
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Country Lakes Estates, and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
•
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RESOLUTION NO. 94 - 63
Page -2-
9 3
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
. Anderson, Clerk
Vernon F. Reinert, Mayor
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: Bergeson, Elliott, Kuether, Neal,
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
94
Council Member
Elliott
and moved its adoption:
introduced the following resolution
CITY OF LINO LAKES
RESOLUTION NO. 94 — 64
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN FOX TRACE
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Fox Trace, and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994,.in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed, may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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RESOLUTION NO. 94 - 64
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Vernon F. Reinert, Mayor
Mari -12 -?14
Anderson,Clerk
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: Bergeson, Elliott, Kuether, Neal, '
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
9 6
Council Member Kuether introduced the following resolution
and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 65
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS
IN WENZEL FARMS, FOURTH ADDITION
WHEREAS; by a resolution passed by the Council on August 22nd,
1994, the City Clerk was directed to prepare a proposed
assessment of the costs outlined in the Development
Agreement for Wenzel Farms, Fourth Addition, and
WHEREAS; the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for
public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. A hearing shall be held on September 26, 1994, in the
city hall, 1189 Main Street, Lino Lakes, Minnesota, at
6:45 P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected
by such improvement will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of
the hearing on the proposed assessment to be published
once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice
the total cost of the improvement. She shall also cause
mailed notice to be given to the owners of each parcel
described in the assessment roll not less than two (2)
weeks prior to the hearings.
3. The owner of any property so assessed may, at any time
prior to certification of the assessment to the County
Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment,
to the City Clerk except that no interest shall be
charged if the entire assessment is paid within thirty
(30) days from the adoption of the assessment. He may at
any time thereafter, pay to the City Clerk the entire
amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is
made. Such payment must be made before November 15 or
interest will be charged through December 31 of the
succeeding year.
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RESOLUTION NO. 94 - 65
Page -2-
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Vernon F. Reinert, Mayor
Marilyn G. Anderson, Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal,•
Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
96
Council Member Bergeson
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94 — 66
A RESOLUTION ESTABLISHING PLUMBING PERMIT FEES, MECHANICAL PERMIT
FEES AND FIREPLACE PERMIT FEES
WHEREAS, plumbing permit fees, mechanical permit fees and
fireplace permit fees have not been reviewed or increased
by the City Council for approximately 14 years, and
WHEREAS, in an effort to update the City Council on the present
fee schedules for these particular permits, and to
propose increasing the permit fees, the following fees
are herewith submitted:
Plumbing Permits
Mechanical Permits
Fireplace Permits
$7.00 per fixture
$60.00
$25.00
NOW THEREFORE, BE IT RESOLVED, by the City Council of Lino Lakes,
Anoka County, Minnesota that the above stated permit fees be
adopted.
Adopted by the City Council of Lino Lakes, Minnesota this 22nd day
of August, 1994.
Vernon F. Reinert, Mayor
7`) (1//2)-.
Marilynn . Anderson, Clerk -Treasurer
The motion for the adoption of the forgoing 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 followed voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
1
Council Member Elliott
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 94-67
RESOLUTION ORDERING FEASIBILITY REPORT FOR UTILITY IMPROVEMENTS
ON WARE ROAD.
WHEREAS, it is proposed to construct sanitary sewer and watermain along Ware
Road from Hawthorne Road to about 600' to the south, and to assess
the benefitted property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429 and Chapter 8 of the Lino
Lakes City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
That the proposed improvement be referred to John Powell, TKDA, for study and that
he is instructed to report to the City Council with all convenient speed advising the
Council in a preliminary way as to whether the proposed improvement is feasible and as
to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
Adopted by the Lino Lakes City Council this 22nd day of August, 1994.
Vernon F. Reinert, Mayor
Marilyn . Anderson, Clerk -Treasurer
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
favorthereof: Bergeson, Elliott, Neal, Reinert.
The following voted against same:
Kuether
Whereupon said resolution was declared duly passed and adopted.
100
Council Member Elliott introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 - 68
RESOLUTION FOR HEARING ON PROPOSED IMPROVEMENT FOR SEWER AND WATER
UTILITY IMPROVEMENTS FOR A PORTION OF WARE ROAD
WHEREAS; pursuant to resolution of the City Council adopted August
22, 1994, a report has been ordered with reference to the
proposed improvement for sewer and water utility
improvement for a portion of Ware Road (see map), and
this report will be received by the City Council on
September 12, 1994,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The City Council will consider the improvement for sewer
and water utility improvement for a portion of Ware Road
in accordance with the report and the assessment of
benefitted property for all or a portion of the cost of
the improvement pursuant to Minnesota Statutes Chapter
429 and Chapter 8 of the Lino Lakes City Charter at an
estimated cost of $50,000.00.
2. A public hearing shall be held on such proposed
improvement of the 26th day of September, 1994 in the
council chambers of the city hall at 7:00 P.M. and the
Clerk shall give mailed and published notice of such
hearing and improvements as required by law.
Adopted by the Council of the City of Lino Lakes this 22nd day of
August, 1994.
Marilyn; Anderson, Clerk
•
Vernon F. Reinert, Mayor
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: Bergeson, Elliott, Kuether,
Neal, Reinert.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.