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HomeMy WebLinkAbout09/26/1994 Council MinutesCITY COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 26, 1994 DATE ....:. TIME STARTED. TIME ENDED: MEMBERS PRESENT: MEMBERS ABSENT September 26,.1994 6:30 P.M.• 8:.07 P.M. Reinert, Neal, Kuether,;Elliott,<>Bergeson none Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Consulting Engineer, Steve Heth; Planning Coordinator, Mary Kay Wyland; Utilities Superintendent, Don Volk; Building Inspector, Pete Kluegel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA - The agenda remains as presented. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried with Mayor Reinert and Council Member Kuether abstaining. ITEM Regular City Council Minutes, September 12, 1994 Approved REGULAR AGENDA DISPOSITION OPEN MIKE Introduction of Jackie Constant, Lino Lakes Solid Waste Coordinator by Don Volk - Mr. Volk explained that the City of Lino Lakes and the City of Lexington have implemented a Joint Powers Agreement to share the services of a Solid Waste Coordinator. Ms. Jackie Constant has been hired and will be occupying an office at the Parks building on Lake Drive and an office at the City of Lexington beginning October 10, 1994. Mr. Volk noted that Ms. Constant has been working in the solid waste field and will be able to help the City of Lino Lakes and the City of Lexington meet their solid waste goals. PAGE 1 1 1 1 1 1 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Ms. Constant said that she looked forward to working for both cities and felt that with her years of experience would be helpful in reaching and exceeding waste abatement goals. Ms. Constant has worked for Minnesota Resources who is the largest processor and marketer for recyclable material for the State of Minnesota. Mayor Reinert welcomed Ms. Constant and said he was looking forward to working with her. Sue Walseth, 1101 Holly Drive - Ms. Walseth gave each Council Member copies of the 1988 and 1992 Zoning Ordinance with sections highlighted in yellow. These are the two (2) years where zoning issues affected Holly Drive. Ms. Walseth read from the zoning ordinance. She said that after she read Mr. Hawkins' letter that was addressed to her attorney, John Gresbeck, it is her personal opinion that many of the answers to her zoning concerns were inadequate. She has called the State Attorney General's office and spoke with two (2) persons at that office. This particular office specializes in property and zoning issues. The following comments were made by the two (2) representatives; the State Statutes are written more general that the City ordinances. Cities can have more detailed restrictions than the State but cannot omit, delete or ignore any portions of the State Statutes. Lino Lakes zoning ordinance states, "any property", which means that there are no size limitations. This portion of the Lino Lakes City ordinance must be followed over the State Statutes requirements regarding affected properties involving five (5) acres or less, because the Lino Lakes ordinance states; notification shall be by registered mail. The State Statutes says that a bona fide attempt to comply with this subdivision has been made or the rezoning procedure shall be invalidated. Lino Lakes city hall in 1988 and 1992 did not attempt to contact the Holly Drive landowners individually. Staff has admitted this to the residents and in a newspaper interview. The Lino Lakes City Council set up and adopted its own City ordinances exactly as they were worded. This means that the City Council was legally obligated to follow the ordinances exactly as they were worded. The only way that State Statutes can override City ordinances, such as in cases where City and State statutes are obviously different, is to have a specific clause somewhere in the ordinance which states, "when the City and State Statutes contradict each other, the State Statute will supersede the City ordinance. Lino Lakes City ordinances do not state such exceptions. Lino Lakes has to follow its own written procedures. The phrase, "although failure by any property owner to receive such notification shall not invalidate the proceedings", does not mean whether or not the City decides to send out any individual notifications and the property owners may or may not receive PAGE 2 CITY COUNCIL MEETING SEPTEMBER 26, 1994 them. The rezoning procedure shall not be invalidated. Ms. Walseth said that there was a significant difference between sending out notifications in the first place and the residence receiving them. This particular clause was written to protect cities should they mail out ten (10) notifications and for some unknown reason such as the letter was lost in the mail or the post office was unable to forward the letter appropriately and two (2) of the ten (10) letters were not received by the affected property owners, these two (2) property owners cannot come back to the City saying they were not notified and the rezoning should be invalidated. In this example, the city had attempted to notify everyone as required and it is not the city's fault that these two (2) property owners did not receive their notice. Lino Lakes was required at the beginning of the proceedings to notify all affected property owners by registered mail as was stated in the City Zoning Ordinance. According to the State Attorney Generals office, the City of Lino Lakes cannot choose to follow the state statutes exclusively because it is less restrictive than the City Zoning Ordinance. The provisions of the Lino Lakes Zoning Ordinance take precedence over state statutes. These individuals support that the City Zoning Ordinance should have been fully followed in the original rezoning from Rural to Single Family Residential (R-1). Both persons at the State Attorney General's office said that the only way to resolve the issue is to take the City to court for not notifying affected property owners by registered letter. One person at the State Attorney General's office researched a couple of documented legal cases briefly. In one case a city did not believe that it had to mail out notifications to residents. The residents won this case because believing it did not have to mail out notifications was not a bona fide attempt. Ms. Walseth said that it is her opinion that the City of Lino Lakes refuses to acknowledge her neighborhoods rezoning and notification concerns because both ordinances would change both sides of Holly Drive from Rural to Residential involve City wide zoning maps. If the City had to reverse its decision, there would be a domino effect, as all pre 1992 Rural properties, many of which now have homes built on them, would be incorrectly zoned and the City would be in an enormous mess. Mayor Reinert asked Ms. Walseth for the names of the persons she spoke with at the State Attorney General's office. She named Terry Nuebe and Ken Raschke. Mayor Reinert asked for a copy of Ms. Walseth's comments to give to Mr. Hawkins for his review. Mr. Hawkins explained that he had given his opinion in writing to Ms. Walseth's attorney and did not have anything further to expand on. He noted that he had reviewed all the facts in the City files and in the ordinances and procedures followed by the City. Mr. Hawkins said he was not aware of what was expressed by PAGE 3 1 1 1 1 1 1 CITY COUNCIL MEETING SEPTEMBER 26, 1994 the Attorney General's office. He also said that these two (2) representatives may not have had all the facts before them when making their comments but was trying to be helpful. Mr. Hawkins said that his written opinion states all of the facts and what his opinion is according to the law and did not have anything further to add. Mayor Reinert said, what he understands is that the peopleat the Attorney General's office told Ms. Walseth is that because they believe that the City ordinances are more restrictive than the State Statutes, City ordinances would apply and should have been followed. Ms. Walseth said that these two (2) people stated that the State of Minnesota did not require Lino Lakes to adopt a more restrictive zoning ordinance therefore, they are obligated to follow the City ordinances. Mr. Hawkins said he responded to all of the allegations stated by Ms. Walseth's attorney and he does not believe that the City acted improperly in dealing with this matter. Ms. Walseth said that Mr. Hawkins' letter referred to property of five (5) acres or less regarding proper notification. She explained that the City ordinance says that all property owners regardless of size must be notified. Mr. Hawkins said that he has a difference of opinion on this matter and he will stand by what is stated in his letter. Christopher Lyden, 6275 Holly Drive - Mr. Lyden asked Mr. Hawkins to define the three (3) types of negligence. Mr. Hawkins explained that Open Mike is the time for residents to speak and will not respond to questions at this time. Mr. Lyden said that the City of Lino Lakes has failed to respond and explained that one form of negligence is failure to warn. He said that the residents have been left with no other avenue than the court of law avenue. He read a letter dated July 16, 1994 that was printed in the editorial section of a local newspaper. The letter was written by Terry Conroy, a former resident in Lino Lakes. Mayor Reinert asked if Mr. Lyden was representing Mr. Conroy this evening. Mr. Lyden said no and asked Mayor Reinert how he felt about this letter. Mayor Reinert said that he would not debate the letter because he did not know the facts of the situation. Mr. Lyden said that what has happened to this person has now happened to his neighborhood and can happen to anyone in Lino Lakes. Mayor Reinert said it happened to him personally. He asked what can anyone do when someone next to you owns the land, meets the requirements for a rezone according to the City ordinance, and is granted a rezone and then developed the property. Mr. Lyden said that all he is asking is that the City follow the "letter of the law" in regard to rezoning his property. Mayor Reinert said the City Attorney has responded to the attorney hired by this neighborhood and has outlined his opinions. PAGE 4 14 14 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Mr. Lyden said to Mr. Hawkins if the City Code requires that a registered letter is to be mailed to the people, then when you checked the files, there would have been a evidence that registered letters were mailed to the people. Mr. Hawkins again said that his letter outlines his opinion and will not debate this evening about what is or is not in the files. Mr. Hawkins explained that their attorney made allegations regarding the City's action and he investigated and responded to those allegations in a lengthy letter. Mr. Lyden said that although the City Council is suppose to be working for the people, Mr. Hawkins will not respond to the question of whether there is a letter in the file ever. Mr. Hawkins said he responded fully and completely with City's position in regard to your attorney's allegations in a letter alleging that the City acted improperly. Mr. Lyden asked Mr. Hawkins if the letter regarding the bona fide attempt was in the file? Mayor Reinert said that the files would have to be pulled and examined and the position of the City is clear. You may not like it. Mr. Lyden said he wanted to know if the "t's" were crossed and the "i's" dotted and if the letters would be in the file. Mr. Lyden said he would find out this information in a different way. Mr. Lyden referred to a clerical error. (Mr. Lyden was referring to an ordinance that was dated a different date than actually adopted.) He asked Council Member Kuether when she buys a house, she places her signature on it. (Mr. Lyden probably was referring to some type of contract). Council Member Kuether said yes. Mr. Lyden said that you are responsible for what you sign. "The buck stops somewhere". Maybe there was a clerical error but the City Council is responsible for reviewing minutes and he told Mayor Reinert that if he was going to put his "John Doe" on them he should make sure that they are right. If there was a mistake, it was not just Marilyn's mistake. Mr. Lyden referred to the word "composite" and noted that this was the procedure used to bypass the Planning and Zoning Board during the rezoning process of Trappers Crossing. He asked that it be shown where the term "composite" is a legal, bona fide, term used in the City Code. Mr. Lyden said the Council Member Bergeson commented just prior to the Council vote on Trappers Crossing, that there was not much difference between 104 houses and 115 houses. He felt that was easy to say if you do not live on the road. Mr. Lyden said that he could have given something to the neighborhood. This neighborhood will have a 250% increase in traffic, have roads that will have to be widened and will have to deal with everything and anything in the next five (5) years. Mr. Lyden again said that the City Council could have given this difference PAGE 5 1 1 1 1 1 1 14 CITY COUNCIL MEETING SEPTEMBER 26, 1994 to the neighborhood. CONSIDERATION OF DISBURSEMENTS September 26, 1994 - Council Member Elliott moved to approve the disbursement as presented. Council Member Neal seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND SECOND READING, Ordinance No. 15 - 94, Rezoning a Portion of Behm's Century Farms from Rural (R) to Single Family Residential (R-1) - At the August 22, 1994 Council meeting, the City Council approved the FIRST READING of Ordinance No. 15 - 94. No further comments or corrections have been suggested. The developer, Mr. Gary Uhde anticipates presenting a preliminary plat on a portion of this property sometime later this year or early in 1995. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 15 - 94 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Ordinance No. 15 - 94 can be found at the end of these minutes. Consideration of a Request for Sign Variance, St. Joseph Catholic Church - Ms. Wyland used the overhead projector to show the proposed location of the sign. The Church is requesting a variance to install a church identification sign which would face I -35W and contain 96 square feet. The property is zoned R-1, Single Family -Residential. The Sign Ordinance allows institutional identification signs in the R-1 District with the following limitations: not more than 24 square feet in size; not higher than six (6) feet; and one identification sign per building. The Church is requesting a variance for 72 square feet in sign area. The City Staff reviewed the request and commented that a 24 square foot sign could be installed, meet the requirements of the ordinance and require no variance. Although findings of fact would seem to indicate that the variance request be denied, the Planning and Zoning Board recommended approval as submitted with the condition that proper sign permits be obtained and the sign be located 10 feet from the property line and not exceed 14 feet in height. PAGE 6 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Ms. Wyland noted that the situation is unique in that the Church does not front on a major roadway as other churches in the area do. Council Member Neal asked if the sign would be similar to a freeway billboard. Ms. Wyland said the sign would not be lighted and the purpose is to give direction and not be an an advertisement. Council Member Kuether commented that the sign would blend in with other big signs in the area. Ms. Wyland noted that the Planning and Zoning Board discussed approving a temporary variance. However a variance should never be issued on a temporary basis. Mr. Schumacher suggested that the City Council ask the Planning and Zoning Board to review the Sign Ordinance since it has been a number or years since it was adopted and several portions may be out of date. Council Member Kuether moved to approve a variance as submitted with the condition that proper sign permits be obtained and the sign be located 10 feet from the property line and not exceed 14 feet in height. Council Member Neal seconded the motion. Motion carried unanimously. The Planning and Zoning Board was asked to review the Sign Ordinance and give special attention to the size and height restrictions. Consideration of a Minor Subdivision Request, Boe Ornamental, 484 Lilac Street - This is a request for re -arrangement of lot lines for the property located at 484 and 502 Lilac Street. The property is zoned General Industrial (GI) and contains Boe Ornamental on Lot 1 and Lino Blacktop on Lot 2. Lino Blacktop also owns Lot 3 and intends to split Lot 3 in half and sell the westerly Parcel A to Boe Ornamental. Boe Ornamental would then like to expand their existing storage yard to the south onto Parcel A. They are also considering a future expansion project that could include the vacated Industrial Boulevard and construction of a new building to the west. Parcel B will be added to the Lino Blacktop parcel. Economic Development Director, Brian Wessel has been working with the applicant on this request and their proposed expansion and recommends approval of the minor subdivision. The Zoning Ordinance currently provides that lots within the GI Zoning District contain a minimum of one (1) acre in lot area. The proposed lots will exceed that requirement by approximately 22,000 square feet. The proposed lots also meet the minimum lot width requirement of 100 feet. PAGE 7 1 1 1 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Park Dedication on these parcels was paid when the original subdivision for the Lino Industrial Park was approved, therefore, additional Park Dedication is not required. The Planning and Zoning Board recommended approval of the minor subdivision request with the condition that Parcel A be combined with Lot 1, Block 2, Lino Industrial Park and Parcel B be combined with Lot 2, Block 2, Lino Industrial Park. Council Member Bergeson noted that the current building is of pole barn construction and it has already received approval to expand the maximum 50%. Any further expansion cannot be of pole barn construction. Ms. Wyland said that Boe Ornamental was aware of this situation. Council Member Bergeson moved to approve the minor subdivision request with the conditions stipulated by the Planning and Zoning Board. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Site Plan Review, Anoka County Detention Center, Fourth Avenue and Lilac Street - Anoka County Corrections is proposing an addition to the existing campus located adjacent to the Minnesota Correctional Facility. The property currently contains two (2) juvenile detention cottages and a juvenile shelter. The proposed request is to construct a 60 bed medium secure facility to house adult county prisoners serving terms of less than one year. The staff will consist of 18 persons and be managed by the Anoka County Corrections Department. Food service is to be provided from the Correctional Facility as is the juvenile center's. Parking will be located on the south side of the building for visitors and on the north side of the building for staff. According to the architect, perimeter walls will be built of solid reinforced concrete masonry. The exterior of the building will have earth tone colors that will complement the existing adjacent cottages and juvenile center. Windows will not exceed six (6) inches in width. Each entrance will be secured by remote controlled doors and sallyports. The required outdoor recreation areas will have tight -meshed chain link material with a curved top so that prisoners cannot climb over the fence. No "razor ribbon" will be used. The property is zoned Public, Semi -Public (PSP). Public buildings for county and state government are a permitted use in this zone. Brian Wessel, Economic Development Director, has reviewed the site plan and recommends approval of the architectural style of the structure. Staff indicates that plans PAGE 8 143 146 CITY COUNCIL MEETING SEPTEMBER 26, 1994 and specifications for this construction will review by several county and state agencies. Staff recommends approval of the request with conditions: receive extensive the following 1. Proper building permits be obtained prior to construction. 2. Arrangements for payment of sewer and water assessments be made prior to issuance of any building permits. 3. Landscaping as outlined on the plan. 4. Parking as provided on the plan and according to ADA guidelines. 5. Utility services as approved by the City Engineer. 6. Grading and drainage plans as approved by the City Engineer. The Planning and Zoning Board recommended approval of the site plan with the conditions outlined above. Council Member Neal moved to approve the site plan review with the conditions listed above. Council Member Kuether seconded the motion. Council Member Bergeson asked if there were plans to construct a holding cell for area police departments to hold prisoners until they could be transported to the Anoka County jail. Mr. Jerry Soma, representing Anoka County Corrections and Mod Fedders, architect for the building explained that there will be four (4) licensed cells. These cells will be used to hold prisoners awaiting trial. Mr. Soma said he understood that Sheriff Wilkenson has talked about providing transport facilities for municipalities located far from the Anoka County detention facility. However, there is nothing planned for the new building. Voting on the motion, motion carried unanimously. SECOND READING, ORDINANCE NO. 16 - 94, ADOPTING CHAPTER 7080, MINNESOTA POLLUTION CONTROL AGENCY, INDIVIDUAL SEWAGE TREATMENT SYSTEMS, PETE KLUEGEL Mr. Kluegel explained that this ordinance is a housekeeping item. Chapter 7080 of the state requirements provides minimum standards for the design, installation, location, use and maintenance of septic systems. These standards are designed to protect the PAGE 9 1 1 CITY COUNCIL MEETING SEPTEMBER 26, 1994 surface and ground waters of this state, which promotes the public health, safety and general welfare of the citizens. The FIRST READING of this ordinance was held at the September 12, 1994 Council meeting. Since that time, no comments, questions or suggested changes to the ordinance have been received. Mr. , Kluegel recommended that the ordinance be adopted as presented. Council Member Elliott moved to adopt Ordinance No. 16 - 94 and dispense with the reading. Council Member Bergeson seconded the motion. Motion carried unanimously. PUBLIC HEARING, ASSESSMENT ROLLS FOR PHEASANT HILLS PRESERVE THIRD ADDITION, PHEASANT HILLS PRESERVE FOURTH ADDITION, PHEASANT HILLS PRESERVE FIFTH ADDITION, PHEASANT HILLS PRESERVE EAST, PINE RIDGE, II ADDITION, COUNTRY LAKES ESTATES, FOX TRACE AND WENZEL FARMS FOURTH ADDITION Mayor Reinert opened the public hearing at 7:11 P.M. Mr. Powell explained that eight (8) improvement projects have progressed so that the City Council can consider adopting the assessment rolls. Assessment rolls have been completed and are present this evening. All persons to be assessed have been properly notified about the public hearing. Notices have also been published complying with state statutes and Chapter 8 of the Lino Lakes City Charter. Mr. Steve Heth used the overhead projector and presented an outline of the assessment rolls for Pheasant Hills Preserve Third Addition, Fourth Addition Fifth Addition, Pheasant Hills Preserve East, and Pine Ridge II Addition. All of these projects are developer financed and all construction related costs have been paid directly by the developer. Costs to be assessed are for lateral benefits from the Area and Connection Fund, Surface Water Management Planning and lateral sanitary sewer and watermain benefits for some projects and future wear course installation for some projects. Mr. John Powell used the overhead projector and presented an outline of the assessment rolls for Fox Trace, Wenzel Farms, Fourth Addition and Country Lakes Estates. Both Fox Trace and Wenzel Farms Fourth Addition are projects that are developer financed and all construction related costs have been paid directly by the developer. Costs to be assessed are for lateral benefits from Area and Connection Fund and Surface Water Management Planning costs. Wear Course costs have been escrowed for Fox Trace and are already in place for Wenzel Farms Fourth Addition. All costs including construction related costs and wear course costs for Country Lakes Estates will be assessed. PAGE 10 14i 14, CITY COUNCIL MEETING SEPTEMBER 26, 1994 Mr. Schumacher noted that seal coating costs/wear course costs are being collected in several different ways. He noted that the City had adopted a policy regarding collection of these costs and asked Mr. Powell why the new policy was not being followed. Mr. Powell noted that the developer agreements on several projects were completed prior to the new policy. All more recent projects will follow the policy. Mayor Reinert asked for comments from the public. Al DeMotts, 6265 Holly Drive asked if Country Lakes Estates was being assessed completely for both Phase I and Phase II. Mr. Powell said no and explained that Phase II has not been constructed and will be a separate project possibly financed by the developer. The cost being assessed at this time is the Phase I construction cost plus the sanitary installation through the entire subdivision. Phase I has about 25 lots. Mayor Reinert asked if any written comments were received. The City Clerk noted that she had received a telephone call from Mr. Rick Carlson, developer of Pine Ridge Second Addition. Mr. Carlson asked if interest had been included in the assessment figures. The City Clerk explained that interest for October, November and December, 1994 had been included in the figures. Mr. Carlson asked if he paid the entire assessment within the 30 day grace period would this interest be deleted. Mr. Carlson was told it would be deleted. Council Member Elliott moved to close the public hearing at 7:31 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 -74, Adopting the Assessment for Pheasant Hills Preserve, Third Addition - Council Member Elliott moved to adopt the resolution as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 94 - 75, Adopting the Assessment for Pheasant Hills Preserve, Fourth Addition - Council Member Elliott moved to adopt the resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 76, Adopting the Assessment for Pheasant Hills Preserve, Fifth Addition - Council Member Elliott moved to adopt the resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 77, Adopting the Assessment for Pheasant Hills Preserve East - Council Member Elliott moved to adopt the PAGE 11 1 1 1 CITY COUNCIL MEETING SEPTEMBER 26, 1994 resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 78, Adopting the Assessment for Pine Ridge, Second Addition - Council Member Elliott moved to adopt the resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 79, Adopting the Assessment for Country Lakes Estates - Council Member Elliott moved to adopt the resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 80, Adopting the Assessment for Fox Trace Council Member Elliott moved to adopt the resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 81, Adopting the Assessment for Wenzel Farms, Fourth Addition - Council Member Elliott moved to adopt the resolution as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution Nos. 94 - 74 through 94 - 81 can be found at the end of these minutes. PUBLIC HEARING, IMPROVEMENT FOR PORTION OF WARE ROAD (AL ROSS PROPERTY), JOHN POWELL Mayor Reinert opened the public hearing at 7:34 P.M. Mr. Powell explained that Mr. Ross had presented a petition requesting water and sanitary service at his residence at 6356 Ware Road. Mr. Ross' well has failed and he has an immediate need for water service. Both sanitary service and water service have been extended to the vicinity of Mr. Ross' property as part of previous improvement projects. To evaluate ways of making utility service available to Mr. Ross and the neighboring properties in the most cost effective and comprehensive manner, the City Council ordered preparation of a Feasibility Report on August 22, 1994. As there is an immediate need for the watermain in this area, timely processing of this project is necessary. To this end, the public hearing date for this improvement project was set for September 26, 1994 at the City Council meeting in August. Mr. Ross is the only property owner proposed to be assessed at this time but the other property owners abutting the project area have been notified of this public hearing. PAGE 12 1 4 v 15 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Mr. Powell presented the feasibility report. He noted the project included installation of an eight (8) inch sanitary sewer line and an eight (8) inch water main. The project includes costs for dewatering. The total cost including construction, dewatering, engineering and other administration fees is $60,533.00. The only property to be assessed is the Ross property. Other properties will be assessed at the time they connect. Mr. Powell outlined the project schedule. He noted that the bid period is only ten (10) days since the cost of the project is under $100,000.00. Council Member Kuether noted that a total of nine (9) properties are affected by the project. Mr. Powell noted that services would be made available to all nine (9) properties but only the one property owner would be assessed. Council Member Kuether said she understood that 51% of the affected property owners were required to petition for the improvement according to the City Charter. Mr. Hawkins explained that this is a City Council initiated project. The City Charter requires that 51% of the property owners must sign a petition against the project to stop an assessment. Mr. Powell explained that this project is similar to the Hodgson watermain project. Mayor Reinert asked for questions from the public. Jim Rickard, 6361 Ware Road said he had received a notice of this public hearing and the notice stated his assessment would be zero. The notice also stated that if he was interested in connecting to the services his assessment would be $13,578.46. Mr. Rickard asked what the assessment included. Mr. Powell explained that this is a complete assessment except for extending the service from the hookup in the street to his house. Mr. Rickard asked what were the terms of the assessment. Mr. Powell explained that the assessment could be extended over 15 years on his property taxes. Mr. Rickard noted that originally, the City's street improvement plan had Ware Road slated to be improved in 1994. He asked how much would a street improvement assessment be? Mr. Powell explained that street improvement and street drainage is not included in the assessment noted above. The street assessment would be based on front footage and would include the cost for street drainage. Mr. Rickard explained that his neighbor to the north (Lot 3) was wondering how the City would determine who would get service. Mr. Powell explained that there is service available to that lot at this time. PAGE 13 1 1 1 151 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Council Member Elliott moved to close the public hearing at 7:50 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. ENGINEER'S REPORT, JOHN POWELL AND STEVE HETH Consideration of Resolution No. 94 - 82 Accepting Report, Ware Road Utility Extension - Council Member Kuether moved to adopt this resolution. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 82 can be found at the end of these minutes. Consideration of Resolution No. 94 - 83 Ordering Preparation of Plans, Ware Road Utility Extension - Council Member Elliott moved to adopt this resolution. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 94 - 83 can be found at the end of these minutes. Consideration of Resolution No. 94 - 84 Ordering Plans and Specifications for Well House No. 3 - Mr. Heth noted that this matter had been discussed at a recent City Council work session. The City is in dire need of another well because of increased demand for water service. He noted that if one of the two current wells were to fail, the City would be in a desperate situation. Mr. Heth recommended that the City Council proceed and order plans and specifications and adopt a schedule to have the third well in operation by July, 1995. Council Member Elliott moved to adopt Resolution No. 94 - 84. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 94 - 85 Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain, Well #3 - Mr. Heth explained that to meet the aggressive schedule to get Well #3 in operation by July, 1995 the City Council should authorize staff to proceed with eminent domain proceedings. He noted that staff will also aggressively negotiate a well site. Negotiations, the appraisal process and eminent domain proceedings will take place on a parallel level. If by some unforseen circumstance, negotiations break down, time will not have been lost for the eminent domain proceedings. Council Member Bergeson moved to adopt Resolution No. 94 - 85. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF A CONTRACT WITH BLUE YONDER BALLOON COMPANY, RANDY SCHUMACHER PAGE 14 15 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Mr. Schumacher explained that Mary LaForest, a member of the Economic Development staff has agreed to contract with the City to carry the Lino Lakes Economic Development logo on her hot air balloon at a cost far below what corporate sponsors generally pay. The balloon will be used as part of the promotional campaign to increase awareness of Lino Lakes and its special characteristics. The banner will remain on the balloon for all her regular flights. It will also be featured on the cover of the Clearwater Creek Development Center brochure, and a poster will be developed for promotional use. Mayor Reinert asked on average, how often is the balloon in the air. Mr. Schumacher explained that the contract requires a minimum of 20 hours per year and all private flights. The contract with Blue Yonder Balloon Company was prepared by Mr. Hawkins, City Attorney and all insurance and liability issues have been addressed. Council Member Elliott moved to approve a one-year contract with Blue Yonder Balloon Company for use of the hot air balloon in promotional activities. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF APPOINTING A TRACKING COMMITTEE FOR UTILITY ISSUES, RANDY SCHUMACHER Mr. Schumacher noted that staff is in the process of negotiating with Metropolitan Council for MUSA expansion, as well as evaluating gas, street light, and storm sewer utilities. He felt that there is a need for a strong communication link between the City Council and staff on these issues. He suggested that a tracking committee be established for this purpose. Mayor Reinert recommended that he and Council Member Bergeson be appointed to the tracking committee and they will periodically report back to the City Council. Mayor Reinert._ asked Mr. Schumacher to prepare an agenda for the committee and make the agenda available to all of the City Council members. Council Member Neal moved to appoint Mayor Reinert and Council Member Bergeson to serve on the tracking committee. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF RESIGNATION OF BRIAN BOURASSA FROM THE PARK BOARD EFFECTIVE DECEMBER 31, 1994, RANDY SCHUMACHER Mr. Schumacher noted that Mr. Bourassa has submitted a letter of resignation from the Park Board effective at the end of his PAGE 15 1 1 1 CITY COUNCIL MEETING SEPTEMBER 26, 1994 current term. Mr. Bourassa is working with OSM and will be involved in some engineering issues with the City. One purpose of the resignation is to eliminate any possibility of conflict of interest. Council Member Bergeson moved to accept Mr. Bourassa's resignation and thanked him for his service. Council Member Elliott seconded the motion. Motion carried unanimously. Mayor Reinert suggested that Mr. Bourassa be considered for a task force appointment for the 20/20 Vision project. OLD BUSINESS There was no old business. NEW BUSINESS Consideration of a Cigarette License for Twin Cities Stores, Inc. #557, 7509 Lake Drive (Formerly Fina) - Mrs. Anderson explained that the Fina Stores at 7509 Lake Drive has been sold to Twin Cities Store, Inc. Since cigarette licenses cannot be transferred, Twin Cities Stores, Inc. has requested that another cigarette license be issued to them. The Fina Store did not have an off -sale 3.2 beer license. However, the Twin Cities Stores, Inc. have requested a beer license and have paid an investigation fee. The Police Department is currently completing an investigation of the business and the manager as required by the City Code. The City Council will receive the request for a 3.2 beer license at the October 11, 1994 City Council meeting. Council Member Neal asked if the building was going to be remodeled. Mrs. Anderson said that she did not have any information on that matter. Council Member Elliott moved to approve the cigarette license. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Application for Authorization for Exemption from Lawful Gambling License, St. Joseph Catholic Church - St. Joseph Catholic Church conducts three (3) gambling occasions (bingo) each year. The annual turkey bingo is the third gambling occasion in 1994. The Minnesota Lawful Gambling statute allows organizations conducting fewer than five (5) gambling occasions each year to apply for a license exemption. Since no problems have ever been reported regarding the bingo gambling occasions, PAGE 16 1 5W 54 CITY COUNCIL MEETING SEPTEMBER 26, 1994 Mrs. Anderson recommended that the City Council approve the request for the exemption. Council Member Neal moved to approve the application for Authorization from Exemption from Lawful Gambling License. Council Member Neal seconded the motion. Motion carried unanimously. Minnegasco - Council Member Neal noted that Minnegasco has contacted him and they will be supplying paint and painting a house in Lino Lakes for someone who is unable to do this work themselves. Minnegasco will also be giving 10 families in Lino Lakes a complete Christmas including food and gifts. Council Member Neal asked that names of needy families be given to him to give to Minnegasco. Council Member Elliott moved to adjourn at 8:07 P.M. Council Member Bergeson seconded the motion. Aye. These minutes were considered, corrected and approved at a regular City Council meeting held on October 11, 1994. M rilyn . Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 17 1 1 Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 15 - 94 AN ORDINANCE AMENDING ORDINANCE NO. B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL (R) TO SINGLE FAMILY RESIDENTIAL (R-1) (BEHM'S CENTURY FARMS) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from Rural (R) to Single Family Residential (R- 1), pursuant to the provision of the Zoning Ordinance of the City of Lino Lakes, the following described property: The Southwest Quarter of the Southeast Quarter of Section 7, Township 31, Range 22, Anoka County, Minnesota. Lots 8, 9, 10, 11, 12, 13, 14, 15, 16, Block 1, Sunset Oaks Lots 14, 15, 16, Block 2, Sunset Oaks Lots 1, 2, 3, 4, 8, 9, 10, 13, 14, 15, Block 4, Sunset Oaks Lots 17, 18, 19, Block 2, Lino Air Park North 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 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: Marilyn Anderson, Clerk -Treasurer 155 56 ORDINANCE NO. 15 - 94 Page -2- The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. p ,0, g J C JOHNSON CONSULTANTS, INC. 6OO1 No 800klyn 1411 :,5•17,,,14:1O .0;r: IN /LA e ST AT Pii;,,,,ECT HO: 17-75741- 4 1 5 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 16 — 94 AN ORDINANCE AMENDING CHAPTER 403, INDIVIDUAL SEWAGE TREATMENT SYSTEMS ADOPTING CHAPTER 7080, MINNESOTA POLLUTION CONTROL AGENCY WATER QUALITY DIVISION, INDIVIDUAL SEWAGE TREATMENT SYSTEMS SECTION NO. 1 Section 403.01, is hereby deleted and replaced by the following paragraph: 403.01. Standards Adopted. The Individual Sewage Treatment Systems Standards Chapter 7080, Minnesota Pollution Control Agency, commonly known as 7080, effective May 22, 1989, as same was originally drafted, and as amended effective January 1, 1995, and as may be amended from time to time in the future, is hereby adopted by reference and hereby made a part of this code as if fully set forth herein, and installation of all individual sewage treatment systems shall comply therewith. SECTION NO. 2 Section 403.02, is hereby deleted and replaced by the following paragraph: 403.02 Copy Available. The Building Official shall keep on file in his office, at all times, one copy of said Individual Sewage Treatment Systems Standards, Chapter 7080, Minnesota Pollution Control Agency, commonly known as 7080, and same shall be available for inspection by anyone so requesting during normal office hours of the Building Official. SECTION NO. 3 Section 403.04, Inspection, Subd. 3 Inspection of Existing Systems for Purposes of Sale of Property, is hereby added to Chapter 403 as follows: The City of Lino Lakes will not perform inspections of existing sewage treatment systems for any purpose including inspection requests to comply with State Statute Chapter 617, Property Transaction Disclosure Status and Location. Persons requesting such inspections will be provided a list of private inspectors certified by the Minnesota Pollution Control Agency. SECTION NO. 4 This ordinance shall take effect upon its 1 1 ORDINANCE NO. 16 - 94 Page -2- passage and publication according to the City Charter. Passed this 26th day of September , 1994. Vernon F. Reinert, Mayor O. Marilyn, . Anderson, Clerk -Treasurer Motion for adoption of the foregoing ordinance was 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 ordinance was declared duly passed and adopted. 1 6 u Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 74 RESOLUTION ADOPTING THE ASSESSMENT FOR PHEASANT HILLS PRESERVE, THIRD ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Pheasant Hills Preserve, Third Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 161 RESOLUTION NO. 94 - 74 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: (47 Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 16 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 75 RESOLUTION ADOPTING THE ASSESSMENT FOR PHEASANT HILLS PRESERVE, FOURTH ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Pheasant Hills Preserve, Fourth Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 - 163 RESOLUTION NO. 94 - 75 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. ATTEST: Vernon F. Reinert, Mayor Marilyn C. Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. 161 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 - 76 RESOLUTION ADOPTING THE ASSESSMENT FOR PHEASANT HILLS PRESERVE, FIFTH ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Pheasant Hills Preserve, Fifth Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 165 RESOLUTION NO. 94 - 76 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same:none. Whereupon said resolution was declared duly passed and adopted. 166 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 77 RESOLUTION ADOPTING THE ASSESSMENT FOR PHEASANT HILLS PRESERVE EAST WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Pheasant Hills Preserve East. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 1 1 1 16 RESOLUTION NO. 94 - 77 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. b Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 78 RESOLUTION ADOPTING THE ASSESSMENT FOR PINE RIDGE, SECOND ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Pine Ridge, Second Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 1 1 1 RESOLUTION NO. 94 - 78 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: Marilyn Anderson, Clerk -Treasurer 169 The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 17 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 79 RESOLUTION ADOPTING THE ASSESSMENT FOR COUNTRY LAKES ESTATES WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Country Lakes Estates. NOW THEREFORE, BE 'IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 RESOLUTION NO. 94 - 79 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: �� Marlyn Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Kuether, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 174 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 80 RESOLUTION ADOPTING THE ASSESSMENT FOR FOX TRACE WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Fox Trace. NOW THEREFORE, BE -IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 1 1 173 RESOLUTION NO. 94 - 80 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: 7 Marilyn( Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 174 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 81 RESOLUTION ADOPTING THE ASSESSMENT FOR WENZEL FARMS, FOURTH ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Wenzel Farms, Fourth Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such Assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1995, and shall bear interest at the rate of 8.5 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 1 1 RESOLUTION NO. 94 - 81 Page -2- Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor ATTEST: Clerk -Treasurer G!j An erson The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 176 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94-82 RESOLUTION ACCEPTING REPORT FOR THE UTILITY IMPROVEMENTS ON WARE ROAD WHEREAS, pursuant to a resolution of the City Council adopted on August 22, 1994, a report has been prepared by John Powell, TKDA, with reference to the sanitary sewer and watermain improvements on Ware Road from Hawthorne Road to 600 feet south, and this report was received by the City Council on September 26, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the utility improvement in accordance with the report and assessment of abutting 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 total cost of $60,533. Adopted by the Lino Lakes City Council this 26th day of September, 1994. Marilyn G'• (1L r,1,,, S -L) nderson, Clerk -Treasurer Vernon F. Reinert, Mayor 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 Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94-83 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF SANITARY SEWER AND WATERMAIN ON WARE ROAD WHEREAS, pursuant to Resolution 94-67 of the City Council a report has been prepared with reference to these improvements detailing estimated construction costs and assessments, and WHEREAS, this report was accepted by the City Council on September 26, 1994, and WHEREAS, there is a need to process these improvements in a timely manner to provide water service to a property owner within the project area, and WHEREAS, ordering plan and specification preparation at this time would allow a more timely processing of this project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. John Powell, TKDA, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Lino Lakes City Council this 26th day of September, 1994. ))16 -- Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor 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. 17/ 176 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 84 RESOLUTION ORDERING PREPARATION OF PLANS FOR WELL HOUSE NO. 3 WHEREAS, the 1991 City of Lino Lakes Comprehensive Water Study dated May 31, 1991 completed by TKDA identified the need for construction of a third well at approximately the time the number of water users reaches 2000, and WHEREAS, the current number of water users is approximately 1900, and WHEREAS, it is anticipated that there will be water shortages in the summer of 1995 if a third well is not constructed, and WHEREAS, a breakdown of either of the existing two (2) wells would require assistance from a neighboring municipal water system, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The City Council hereby determines that a third well is required to maintain the municipal water system. 2. Steve Heth, SEH, is hereby designated at the engineer for this project. He shall prepare plans and specifications for the making of such project. Adopted by the Lino Lakes City Council this 26th day of September, 1994. p ( v_ Mari yn'G Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor 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. 1 1 1 1 1 1 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 85 RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the City Council has heretofore determined that it is in the public interest for the City of Lino Lakes to construct a project known as Well No. 3, and WHEREAS, the City Council has been advised that it is necessary to obtain the Well No. 3 site as well as permanent and/or temporary easements for the construction of this project over properties owned within the City in order to construct such improvement project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, AS FOLLOWS: 1. The City Council hereby determines that acquisition of a site for Well No. 3 and easements are necessary for construction of the improvement project as described above. 2. The City Attorney and Consulting Engineer are authorized and directed on behalf of the City to acquire a site for Well No. 3 and all easements needed for the construction of Well No. 3 by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117. The City Attorney is further authorized to carry out the purposes of this resolution. Adopted by the Lino Lakes City Council this 26th day of September, 1994. Vernon F. Reinert, Mayor WAG -t -L. ,) - Marilyn G. nderson, 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. 1 7 ')