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HomeMy WebLinkAbout04/24/1995 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES APRIL 24, 1995 Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Consulting City Planner, Al Brixius; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Building Inspector, Peter Kluegel; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. The agenda was approved as submitted. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as submitted. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM DISPOSITION Consideration of Minutes: Regular Council Meeting, April 10, 1995 Approved REGULAR AGENDA OPEN MIKE 20/20 Update, Kim Sullivan - Ms. Sullivan explained that she noted that the City Council will be considering and approving the City Goals for 1995. She was very pleased that the 20/20 Vision Project is a part of the 1995 Goals. Ms. Sullivan explained that there will be a midterm meeting of all the advisory groups on Saturday, April 29, 1995 starting at PAGE 1 250 7�lr :.A t COUNCIL MEETING APRIL 24, 1995 8:30 A.M. The City Council, City boards and commissions and staff are invited to attend this meeting. The advisory groups will be sharing drafts of their goals so that all advisory groups will be aware of what the other groups are doing. The purpose of the midterm meeting is to validate each advisory groups goals, determine that all groups are going in the same direction and do not overlap, and offer assistance to each other. Ms. Sullivan felt that this is an opportunity for the City Council to come and recognize the dedication of the advisory groups that have met during the past eight (8) to ten (10) weeks. This will also help alleviate the concerns of the advisory groups such as will their recommendations be implemented and are their recommendations representative of the community concerns. It was noted that there will be a regional VFW parade that same morning and the City Council was asked to be a part of the parade. Ms. Sullivan suggested that the City Council come to the midterm meeting early and then become part of the parade at the appropriate time. CONSIDERATION OF DISBURSEMENTS April 24, 1995 - Council Member Kuether moved to approved these disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. Centennial Fire District - Council member Elliott moved to approved these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PLANNING AND ZONING REPORT, MARY KAY WYLAND Consideration of the Site Plan Review, Living Waters Lutheran Church, 685 Birch Street - Ms. Wyland used the overhead projector showing the location of the Living Waters Lutheran Church and the proposed addition to the church building. She noted that a conditional use permit was approved by the Planning and Zoning Board (P & Z) and City Council in April, 1993 for construction of the Living Waters Church at 685 Birch Street. This permit review included future phases of development, utility installation, parking, grading and drainage concerns and park and trail dedication. The current request is to add an area of either 1,016 square feet or 1,635 square feet to be used as open space for gathering and/or classrooms. The size of the proposed construction is dependent upon church financing which has yet to be determined. The proposed plan is consistent with the original site plan PAGE 2 1 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 approved in 1993. Issues regarding drainage, grading, parking, and landscaping have not changed and all requirements of the original permit are still in force. A deposit is still on file at the City for final site improvements as they are not yet complete. Landscaping work is proposed for early this spring. Staff has reviewed this request and recommends approval with all conditions outlined in the original conditional use permit and the additional condition that proper building permits be obtained prior to construction of the addition. The P & Z Board recommended approval of the site plan review at the April 12, 1995 meeting with the conditions outlined previously. Council Member Bergeson moved to approve the amended conditional use permit with the conditions outlined above. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, City of Lino Lakes, Apollo Business Park, Nol-Tec Systems, Inc. - Ms. Wyland used the overhead projector to show the proposed location for Nol-Tec Systems, Inc. in the Apollo Business Park. She noted that the property is zoned General Industrial. The Lino Lakes Comprehensive Plan also indicates that the area is Industrial. The plat for the Apollo Business Park was approved by the City Council in August, 1994. The plat contained lots 1, 2, 3 of Block 1, and Lot 1 of Block 2, and three outlots, A, B, and C. Commercial prospects had been anticipated for the four (4) lots that were actually platted. U -DOR U.S.A has constructed a building on Lot 1, Block 2 but the prospects for Lot 2 and 3 did not materialize. The City now has new prospects for Lots 2 and 3 of Block 1, however, the lot size needs to be adjusted. Therefore, a minor subdivision is being requested which will add the southwesterly two-thirds of Lot 3 to Lot 2 for a total area of three (3) acres. The remainder of Lot 3 will be added to Outlot A for future platting. Staff is recommending approval of the minor subdivision to facilitate the development of Nol-Tec Systems, Inc. The P & Z Board recommended approval at their April 12, 1995 meeting. Mayor Reinert noted that there were representatives from Nol-Tec Systems, Inc. in the audience and asked Mr. Wessel to introduce them. Mr. Wessel introduced Mr. Phil Nolan, President of Nol-Tec Systems, Inc. and the Secretary/Treasurer Wayne Johnson and said PAGE 3 G COUNCIL MEETING APRIL 24, 1995 he was very pleased to have Nol-Tec Systems, Inc. moving into Lino Lakes. There are several items on the agenda this evening dealing with Nol-Tec Systems, Inc. and Mr. Nolan and Mr. Johnson will answer any questions that the Council may have. Council Member Elliott moved to approve the minor subdivision as proposed. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of Site Plan Review, Nol-Tec Systems, Inc. - Ms. Wyland explained that Nol-Tec Systems, Inc. is requesting a site plan review for a 16,256 square foot building to be located in the Apollo Business Park. Office space in the building will occupy approximately 9,216 square feet and 7,040 square feet will be used as shop area. Nol-Tec Systems, Inc. currently employs 35 persons. Phase II of their construction consists of a proposed 7,680 square foot office addition and a 7,040 square foot shop addition. The property is zoned General Industrial and consists of three (3) acres. Nol-Tec Systems, Inc. is an engineering and light assembly company. When phase II of their construction is completed, they will employ approximately 70 people. Site and Plan Review: Setbacks: The proposed building meets the setback requirements of the Zoning Ordinance for the General Industrial District. Building Height: The Zoning Ordinance requires a maximum height of 45 feet. The proposed building will be 24 feet in height. Green Area: The Zoning Ordinance requires a minimum of 10% green area. The proposed construction, including phase II meets the requirement of the Zoning Ordinance. Landscaping/Buffering: A landscaping plan has been provided which indicates a combination of spruce trees, junipers and barberry bushes. Aesthetic Compatibility: The proposed construction is designed to fit with the aesthetics required for construction in the Apollo Business Park. The exterior will be insulated precast concrete wall panels with random rake. An accent color will be provided. Noise: As a condition of approval, the proposed use must be compatible with the surrounding area in regard to noise. Off -Street Parking: The developer is proposing 55 parking stalls for phase I and an additional 87 spaces for phase II. This PAGE 4 1 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 should be adequate according to the Zoning Ordinance. As a condition of approval, handicapped parking shall be provided as dictated by the ADA Rules and Regulations. Circulation and Access: Access will be provided from both Fourth Avenue and Apollo Drive. The City Engineer has recommended that the Fourth Avenue access be located as far north as possible to avoid conflict with the intersection of Apollo Drive and Fourth Avenue. Loading and Trash: The developer has indicated loading and trash handling areas on the site plan. They will be properly screened as provided in the Zoning Ordinance. Lighting: Off-street parking areas will be required to be illuminated so as to reflect light away from adjoining property. Signs: A sign location has been indicated on the site plan but details of the sign have not been provided. A sign permit will be required prior to installation of any signage. Utilities, Grading and Drainage: Utilities, grading and drainage plans shall be subject to review and approval of the City Engineer. Utilities are available to serve the site. Conclusions: City staff and the Economic Development Authority Advisory Board (EDAAB) recommend approval of the site plan as submitted with the following conditions: 1. The applicant shall sign a development agreement and post financial guarantees as specified by City Staff prior to issuance any building permits. 2. The City Engineer shall review and approve utility, drainage and storm sewer plans. 3. Proper sign permits shall be obtained prior to installation of signage. 4. The Site Plan signed and dated April 5, 1995 shall be made a part of this approval and shall incorporate all landscaping, parking, building location, trash handling, loading docks, etc. 5. The parking area shall be provided with a hard surface with concrete curb surrounding all access drives and parking areas. PAGE 5 COUNCIL MEETING APRIL 24, 1995 6. Handicapped parking shall be provided according to ADA Rules and Regulations. 7. Access drives off Fourth Avenue shall be located as far north of the intersection of Apollo Drive and Fourth Avenue as possible. 8. Steps are to be taken to minimize or screen all roof top equipment. The P & Z Board reviewed the site plan at their April 12, 1995 meeting and recommended approval. Council Member Elliott moved to approve the Site Plan Review with the eight (8) conditions outlined above. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Conditional Use Permit, Teleport Minnesota, 6221 Holly Drive - Ms. Wyland used the overhead projector and noted the location of the WCCO property on Holly Drive which currently contains a number of tele -communications devises. Teleport Minnesota, a division of CBS, Inc. is requesting a Conditional Use Permit to install two (2) satellite antenna's within this existing telecommunication compound. One antenna will be 9.2 meters and the other will be 6.1 meters. The property is zoned Rural. The Comprehensive Land Use Plan also indicates that the property is rural. According to the Zoning Ordinance, transmission towers are permitted in a Rural zone with a Conditional Use Permit. The original permit for the site was approved in 1982 with updates in 1984, 1988 and 1990. The site contains a micro -wave tower and components, doppler radar, several satellite antennas and other site improvements including fencing, berming and a 44 foot by 52 foot block building containing transmitters and receivers. There is a driveway to Holly Drive. Staff has reviewed the request and recommends approval with all conditions contained in the original and subsequent permits and the condition that proper building permits be obtained prior to installation. The Planning and Zoning Board recommended approval of the request at their April 12, 1995 meeting with the conditions stated above. Mr. Robert Juroszek, representing the property owners, was present. Mayor Reinert asked him to outline the ultimate plans for the site. Mr. Jurosec explained that all the equipment on the site is utilized. Outdated antennas and other equipment are PAGE 6 1 1 1 COUNCIL MEETING APRIL 24, 1995 replaced, however, no other major changes are planned for the site. Mr. Jurosec explained that there is not much land left at the site for additional equipment. Council Member Elliott moved to approve the Amended Conditional Use Permit with the condition that proper building permits be obtained prior to installation. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, Art LaCasse, 6609 - 24th Avenue - Ms. Wyland used the overhead projector to outline this request. She noted that this item had been before the Planning and Zoning Board and City Council in February, 1994. The original request was to split 40 acres into two (2) parcels, one 33 acres in size to facilitate the sale to a developer and the other 6.21 acres which contains the homestead. After deliberation between the potential developer and the property owner, a revised plan was submitted in January 1995 which reconfigured the lot lines to allow a 7.72 acre parcel containing the homestead and a 32.9 acre parcel which contained an island of upland intended for park dedication. This plan was approved by the City and has been recorded at Anoka County. The developer has platted Clearwater Creek. The property owner has now determined that he would prefer a slightly different configuration to concludee the sale of a portion of the property to his grandchildren. Mr. LaCasse would like to retain a 2.62 acre parcel containing the existing homesite and a 10.23 acre site to be sold to one of his grandchildren. Mr. Emmerich, the developer of Clearwater Creek, has agreed to make a trade and sale to Mr. LaCasse to facilitate this new parcel arrangement. The property is zoned Rural and Single Family Residential (R-1). Municipal utility services will not be available to serve the site, therefore, the 10 acre minimum lot size will apply to the newly created parcel. Staff has reviewed the request and recommends approval. Mr. Emmerich has agreed to the re -arrangement of lot lines, and Mr. LaCasse is dividing his property as he wishes. The zoning of the site should be corrected, however, this can be facilitated with a future zoning map update. Mr. LaCasse has also advised staff that he would like to move the existing barn onto the homestead property. Aesthetically, it would fit with this property better than the 10 acre parcel which will ultimately contain new construction. The rafters of the barn are in good condition but the foundation needs repair. The PAGE 7 2 COUNCIL MEETING repair would be facilitated in the move. APRIL 24, 1995 Staff does approve of the relocation plan. The existing homestead contains no garage, the barn will allow for interior storage and fit with the nature of the existing structures. Staff is suggesting that a one year limit on the relocation of the barn be added as a condition of approval. The P & Z Board recommended approval of the minor subdivision at their April 12, 1995 meeting. They did not discuss the relocation of the barn. Council Member Elliott moved to approve the minor subdivision request with the condition that the barn be relocated to the existing homestead within one year. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Behm's Century Farm - Mr. Brixius reviewed the rezone request, the Planned Development Overlay (PDO) request, Comprehensive Plan Amendment for MUSA Exchange request and the preliminary plat approval request. Mr. Gary Uhde and Mr. John Johnson representing the applicant were in the audience and will be available for additional comment or information. Mr. Brixius explained that the first phase of Behm's Century Farms is being pursued this year. This is part of a larger concept for the northwestern part of the community. Mr. Brixius outlined the boundaries of the planned subdivision. He noted that the current preliminary plat contains lands that abut the original Lino Air Park, that were not part of the original concept plan. The P & Z Board reviewed these requests at their last meeting and have recommended approval. Comprehensive Plan Amendment - The applicant is proposing a trade of approximately 27 acres. An agreement has been made with a property owner south of Birch Street for approximately 27 acres of buildable land that is currently within the MUSA. This property owner does not have any plans to develop his property at this time and has come to an agreement with Mr. Uhde for the land trade with the condition that this area be included as a growth area when the City amends their MUSA boundaries. Staff feels that a growth area designation in this area would be reasonable. The proposed Behm's Century Farms falls into what the staff has designated as a growth area in the MUSA expansion area. In addition, this proposed subdivision falls into the "infill policy" established by resolution where the developer would bear PAGE 8 1 1 COUNCIL MEETING APRIL 24, 1995 the cost of all utility extensions, cost of operation and maintenance to the system and would pay all up front costs relative to the extension of the utility systems. Mr. Brixius said that staff is recommending that the Comprehensive Plan Amendment for the MUSA land trade be approved. Rezone Request from Rural (R) to Single -Family Residential (R- 1) - Mr. Brixius explained that approximately 2/3rds of the site is zoned Rural. The developer is requesting a rezone to R-1. This is consistent with the zoning on the balance of the site. This request is also consistent with the original concept plan that was approved in 1994. The Comprehensive Land Use Plan identifies this area as a single-family residential district. The area would be served by public utilities, at the developers expense, and generally address the performance standards. Preliminary Plat - The preliminary plat consists of 105 lots on approximately 51 acres. The net density would be 2.8 units per acre. The lot and block arrangements conform with requirements. Staff did cite a number of concerns with a number of lots in regard to lot area. The concern involves buildable area above the wetlands. The lots in question are not included in the first phase of development. Lots 8, 17 and 18 in the first phase were cited as a concern in regard to slopes and fill. These lots contain dredged fill material from the County Ditch and the removal or changing of their topography will not create a problem. Staff will not have a problem with this. Lot 18 is an "abut" lot. Other lots in the second addition raise concern regarding buildable land above the wetlands. The developer is working with the Rice Creek Watershed District (RCWD) to determine if these lots will be acceptable and whether mitigation to allow the lots to be filled will be acceptable. If these lots do not receive RCWD approval, some modification in the preliminary plat will be necessary when the second phase is brought to the City for approval. Lot 18 represents a "abut" lot enclosed by two (2) adjoining corner lots. Lot 18 would orient to the north and the adjoining lots would orient to the east and to the west. An "abut" lot arrangement is a less than desirable design feature and staff is recommending that the lot be eliminated. Mr. Brixius noted that Mr. Johnson, the developers engineer did not share his opinion of Lot 18 and would address this matter later in this meeting. The street arrangement in the preliminary plat complies with all PAGE 9 2 COUNCIL MEETING APRIL 24, 1995 requirements. In the first phase, a long street will end until the next phase is constructed. Staff is suggesting that a cul- de-sac be constructed at the end of this long street until the street is continued into the next phase of development. A full cul-de-sac should be constructed to address the turn around needs of public works vehicles, emergency vehicles, etc. Planned Development Overlay for Lino Air Park Lots - Mr. Brixius explained that the Air Park lots are oversized lots ranging in size above 30,000 square feet. The developer is requesting a PDO Overlay to allow for use of the Air Park and oversized hangars. Staff has requested that the developer provide specific language that will be established as deed covenants and also part of the PDO approval that would outline the terms under which the hangars would be designed and how these lots would operate as air park lots. Mr. Brixius has discussed the covenants as outlined and discussed at the P & Z Board meeting with Mr. Johnson. However, the conditions are not yet in written form. If the PDO is approved, staff is requesting that the covenants be written and submitted to staff for more detailed comments regarding their acceptability prior to the second reading of the PDO Ordinance. Staff wishes to tie up all lose ends. Wetland concerns will be addressed by the RCWD. Screening along Lilac Street consisting of berming and landscaping, will be provided. Staff has requested a detailed landscape plan. Thomas Street currently runs through the proposed plat in an east to west direction. It is not likely that the street will be extended due to the wetlands in the area. Street vacation will be necessary and if approved, a public hearing before the City Council must be scheduled. Staff is requesting that the developer work with the Park Board to finalize park dedication. Grading, drainage and utility plans must be submitted for review by the City Engineer. The P & Z Board reviewed Behm's Century Farms and recommended approval of all four (4) applications. Mr. Brixius asked that a formal written plan be submitted for the Air Park lots so that staff can review the plan and provide a detailed evaluation of those criteria before the SECOND READING of the PDO ordinance. Mayor Reinert asked for the time frame for development of the 105 lots. Mr. Uhde explained that the first phase would include 55 lots. He hoped to have a model home completed this fall. The first phase would be about two (2) years of lot inventory. Mr. Uhde said that the first three (3) phases would be constructed over approximately a four (4) year period starting this fall. Mr. Uhde explained that he had averaged every building project he had every completed and found that he averaged about 20 to 25 PAGE 10 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 building lots per year. Mayor Reinert referenced the nine (9) Lino Air Park lots and asked if a homeowners association would be formed for these lots. Mr. Uhde explained that there is an existing homeowners association in place and the Air Park lots will become a part of the existing association with additional rules and by-laws. The new lots will be of a different size and will require stricter covenants. The parcel under the PDO is the only parcel in Behm's Century Farms that will have a homeowners association. Mayor Reinert noted that some associations have been created in the City that have caused problems for the City Council. He said that the City does not want any more of these associations. Mayor Reinert asked Mr. Brixius if he had seen the by-laws that are being proposed for the Lino Air Park lots. Mr. Brixius said no, he has expressed these concerns to Mr. Johnson and has requested that the by-laws and regulations be formally submitted to staff for their review and written opinion. If the City Council approves the first reading of the rezone and PDO request tonight, staff is asking that the plan of action for these lots be submitted and staff provide a formal opinion before the second reading. Mayor Reinert said that he is concerned about how homeowner associations as designed and their impact on the neighborhood. Mr. Uhde said that he understood and pointed out that this particular association is an established association. He said that he is taking a possible existing platted 19 lots that would be part of the homeowners associating and cutting them down to nine (9) lots. He said he will be reducing the size of the association, and overlying additional rules, regulations and disclosures. It is Mr. Uhde's intent to eliminate any further controversies in the future. Mr. Uhde said this organization already exists and he will only be making the regulations for his lots stricter. Mr. Brixius explained that Mr. Uhde will not be creating larger rural lots and staff is concerned about creating a neighborhood rather than just the use of the Air Park. Staff will be looking at rules regarding maximum hangar size, specific location of the hangars, specific statements that the hangars will not be used for commercial or rental use, maximum building heights, no fuel or limited fuel storage, how guest airplanes are going to be treated, limiting the number of airplanes per lot, a green space requirement for each lot, disclosure of the Air Park requirements that currently exist, the Air Park will continue to exist as an operating facility so that the people who purchase lots in the subdivisions beyond the nine (9) Air Park lots will know that this is an on-going operation and the lot that they are buying will be in close proximity to someone who flies airplanes. Another issue discussed by the P & Z Board is the specific location of the joint taxi areas. These areas must be PAGE 11 26U 261 COUNCIL MEETING APRIL 24, 1995 established by private easements. Mr. Johnson is in the process of writing this criteria. Staff has requested this information in writing prior to the consideration of a second reading for the rezone ordinance so that written comments can be provided for the City Council review. Council Member Kuether asked Mr. Hawkins if a developer can add nine (9) lots to an existing association and then make them more restrictive than the other lots in the association. Mr. Hawkins said yes, the owner can place additional restrictions on some individual lots. Mr. Uhde explained that he went through a lengthy negotiation process with the existing homeowners association. They retained legal council and an agreement document has been completed. Mr. Uhde said that this document addresses the concerns and questions outlined by Mr. Brixius. Mr. Jim Conroy, an Air Park resident is the representative of the Air Park Association who worked with Mr. Uhde to prepare the new documents. Mr. Uhde said that it is his intent to come into the community and create harmony between the existing property owners and the community of Behm's Century Farms. Council Member Bergeson noted recent regulations regarding accessory buildings and asked Ms. Wyland how the new regulations would impact the Air Park. Ms. Wyland said that the Air Park was approved with an association that allows a maximum of 3,200 square feet for their accessory buildings. The City has continued issuing building permits under this agreement. The Air Park hangars are "grandfathered" and the existing ordinance does not apply to Air Park hangars. Council Member Bergeson expressed a concern regarding the type of construction for hangars. Ms. Wyland explained that pole barn construction is not allowed in the Air Park. Construction guidelines will be addressed in the documents for the Air Park Association. FIRST READING, Ordinance No. 07 - 95, Rezone from Rural to Single -Family Residential - Council Member Bergeson moved to approve the FIRST READING of Ordinance No. 07 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. FIRST READING, Ordinance No. 08 - 95, Planned Development Overlay (PDO) for Lino Air Park Lots - Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 08 - 95 and dispense with the reading and to have the bylaws prepared and reviewed by staff before the Council work session for the next City Council meeting. Council Member Elliott seconded the motion. Motion carried unanimously. PAGE 12 1 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 Comprehensive Plan Amendment for MUSA Exchange - Council Member Elliott moved to approve the Comprehensive Plan Amendment. Council Member Kuether seconded the motion. Motion carried unanimously. Preliminary Plat Approval - Council Member Kuether moved to approve the preliminary plat with conditions outlined in the staff report dated April 7, 1995. Council Member Bergeson seconded the motion. Mr. Johnson addressed the issue of Lot 18. He did not agree with Mr. Brixius and said he did not feel that this is an "abut" lot. He felt that this lot and the lots on either side of it would face north. Mr. Johnson addressed the temporary cul-de-sac concern raised by Mr. Brixius. He explained that if the City were to require that a full cul-de-sac be installed at the end of the street in the first phase, he would re -locate the cul-de-sac slightly to the south and take two (2) lots platted for the second phase and place them in the first phase. Mr. Johnson addressed the PDO concern and noted that protective covenants have been prepared. He will make these documents available to Mr. Brixius for his review. Mr. Johnson addressed the parkland dedication concern. He noted that he had already presented a plan that will be considered by RCWD in May. If RCWD approves the plan, a trail will be constructed through the wetlands from the east cul-de-sac to the west cul-de-sac to allow access by the new neighborhood to the park area. Mr. Johnson also noted that a transportation trail will be located on the north side of Lilac Street. Mr. Uhde said that he would provide more detail regarding the location of the temporary cul-de-sac and eliminate Lot 18 if that is what the City Council desired. He did note that the City would lose approximately $5,000.00 on fees is Lot 18 were omitted. There was further discussion regarding the location of the cul- de-sac, parkland dedication and the transportation trail on the south end of the subdivision. It was decided to delay action on the preliminary plat until the next Council meeting. Mr. Uhde will send to Mr. Brixius covenant documents for the nine (9) Air Park lots for his review and comment, will prepare a revised preliminary plat for the first phase showing the location of the temporary cul-de-sac, elimination of Lot 18 and, and get a solid recommendation from the Park Board regarding parkland dedication. PAGE 13 26 COUNCIL MEETING APRIL 24, 1995 Council Member Bergeson rescinded his second on the motion to approve the preliminary plat and Council Member Kuether rescinded her motion to approve the preliminary plat. Council Member Kuether moved to table consideration of the preliminary plat for Behm's Century Farm until the May 3, 1995 Council work session. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF AUTHORIZING EXPENDITURES OF SURPLUS RECREATION FUNDS, MARTY ASLESON Mr. Asleson explained that ballfield #3 at Rice Lake Elementary School is a multi-purpose field that is used in the adult softball program. In the past, the City has spent a great deal of time installing a make -shift snow fence for the outfield home run area and field line areas. The fence has to be continually adjusted and is a danger to the ball players. There is also a concern for the safety of the spectators, player bench areas and people walking on the trail that is directly adjacent to the right field home run area. Mr. Asleson proposed to use $4,878.25 of the fees in the special revenue account to purchase and install a permanent fence. The purchase would comply with the agreed upon improvements to be added to the joint -use, Centennial School District/City of Lino Lakes ballfield. The Park Board reviewed this request and has recommended approval. Council Member Bergeson noted that this matter was discussed at the work session. The City Council asked that a policy be prepared that would address the use of fees paid for recreational uses such as team fees. Council Member Bergeson said that these fees should not be used routinely for construction of new or additional facilities. Mr. Schumacher noted that the request is unique and should not be considered a precedence setting matter. He also noted that a policy is being developed and will be presented to the Park Board at their next meeting. Council Member Elliott moved to approve the request to expend recreational use fees for the installation of a ballfield fence at Rice Lake Elementary School and to note that this is not a policy setting motion. Council Member Kuether seconded the motion. Motion carried unanimously. PAGE 14 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 CONSIDERATION OF RESOLUTION NO. 95 - 57 AUTHORIZING SUBMISSION FOR AN OUTDOOR RECREATION GRANT, MARTY ASLESON Mr. Asleson presented Resolution No. 95 - 57 and explained that this resolution outlines support by the City Council for application of an Out -Door Recreation Grant and to request funding for the acquisition of the A-3 Athletic Complex property on Holly Drive. The grant cannot exceed 50% of the appraised market value of the land or $125,000.00. Council Member Elliott moved to approve Resolution No. 95 - 57. Council Member Bergeson seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 06 - 95, AUTHORIZING THE SALE BY THE CITY OF LINO LAKES OF LOT 2 AND A PORTION OF LOT 3, BLOCK 1, APOLLO BUSINESS PARK, BRIAN WESSEL Mr. Wessel explained that Nol-Tec Systems, Inc. is purchasing three (3) acres of land in the City -owned portion of the Apollo Business Park for its engineering and assembly facility. According to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance is required to authorize the sale of real property owned by the City. The FIRST READING of Ordinance No. 06 - 95 took place at the April 10, 1995 Council meeting. No changes or corrections to the ordinance have been presented. After the SECOND READING, the ordinance will be published and take effect on June 2, 1995. Council Member Kuether moved to adopt the SECOND READING of Ordinance No. 06 - 95 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. SECOND READING, ORDINANCE NO. 05 - 95 AMENDING THE LINO LAKES BUILDING CODE, SECTION 1003, PETER KLUEGEL Mr. Kluegel explained that the FIRST READING of Ordinance No. 05 - 95 was held at the April 10, 1995 City Council meeting. As was explained at that time, the 1995 Minnesota State Building Code was effective March 20, 1995. The City should update its codes to reflect this change. In addition to adopting the 1995 State Building Code, the City should select certain options in the State Building Code and adopt them at the same time the 1995 State Building Code is adopted. The options include: reroofing standards, exposed residential concrete standards, membrane structures standards and fire protection systems (sprinklers). There have been no comments or corrections proposed since the FIRST READING of the ordinance. Mr. Kluegel recommended that the PAGE 15 2 — 26s. COUNCIL MEETING APRIL 24, 1995 City Council adopt the SECOND READING of the ordinance. Council Member Bergeson moved to adopt the SECOND READING of Ordinance No. 05 - 95 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 48 Accepting Bids for Country Lakes Estates, Phase II Improvements - At the March 27, 1995 Council meeting, the City Council passed Resolution No. 95 36 approving the plans and specifications for this project and ordering advertisement for bids. The bids were opened this morning at 10:00 A.M. and tabulated. The bids were acceptable and Mr. Powell recommended awarding the bid to the low bidder, Bonine Excavating of Elk River, Minnesota. Council Member Kuether moved to adopt Resolution No. 95 - 48 Awarding the Bid for Country Lakes Estates, Phase II to Bonine Excavating. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 95 - 48 can be found at the end of these minutes. Consideration of Receiving Bids for the Hodgson Road Watermain Improvement - At the March 27, 1995 City Council meeting, the City Council passed Resolution NO. 95 - 37 approving the plans and specifications for,this project and ordering advertisement for bids. The bids were received this morning at 10:00 A.M. and tabulated. Mr. Powell explained that according to the City Charter, bids cannot be awarded if all bids received are 10% or more than the engineer's estimate. Mr. Powell requested that the City Council adopt a motion receiving the bids. He will review the requirements of the City Charter and make a recommendation to the City Council at the regular Council meeting. Mr. Powell noted that the construction of this watermain is an important leg of the City's watermain system and he is not sure why the bids are so high. Council Member Kuether moved to accept the bids for the Hodgson Watermain Improvement. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution No. 95 - 50 Accepting Bids for Woods of Baldwin Lake, SecondtAddition Improvement - At the March 27, 1995 Lino Lakes City Council meeting, the City Council passed Resolution No. 95 - 31 approving the plans and specifications for PAGE 16 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 this project and ordering the advertisement for bids. These bids were received this morning at 10:00 A.M. and tabulated. Mr. Powell noted that he had some concerns because the low bid was considerably below the engineer's estimate and the other bids. He explained that the significant difference is in the mobilization portion of the bid. Since the contractor is already on the site and had previously installed services for Woods of Baldwin Lakes, First Addition, his knowledge of the area is better than the other bidders. Mr. Powell recommended accepting the low bid from Glenn Rehbein Excavating. Council member Elliott moved to adopt Resolution No. 95 - 50 Accepting Bids for the Woods of Baldwin Lake, Second Addition Improvement and awarding the bid to the low bidder, Glenn Rehbein Excavating. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 95 - 50 can be found at the end of these minutes. Consideration of Resolution No. 95 - 51 Declaring Adequacy of Petition and Ordering Preparation of a Feasibility Report for Clearwater Creek - Mr. Powell explained that the rezoning and preliminary plat for this subdivision have been approved. The next step in the public improvement process is preparation of the feasibility report as requested by property owner, Anthony Emmerich. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 51 Ordering Preparation of the Feasibility Report for Clearwater Creek development. Council Member Elliott moved to adopt Resolution No. 95 - 51. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 95 - 51 can be found at the end of these minutes. Consideration of Resolution No. 95 - 52 Declaring Adequacy of Petition and Ordering Preparation of a Feasibility Report for Trapper's Crossing - Mr. Powell explained that the rezoning and preliminary plat for this subdivision have been approved. The next step in the public improvement process is preparation of the feasibility report as requested by the property owner, Roger Hokanson. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 52 Ordering Preparation of the Feasibility Report for Trapper's Crossing. Council Member Kuether moved to adopt Resolution No. 95 - 52. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 17 267 COUNCIL MEETING APRIL 24, 1995 Resolution No. 95 - 52 can be found at the end of these minutes. Consideration of Resolution No. 95 - 53 Ordering Preparation of a Feasibility Report for the 12th Avenue/Holly Drive MSA Improvements - Mr. Powell explained that the 12th Avenue/Holly Drive route from CSAH 10 (Birch Street) to County Road J (Ash Street) is designated as a Municipal State Aid Street. The upgrade of the 12th Avenue/Holly Drive roadway is necessary to service the additional traffic generated by the Trapper's Crossing subdivision and future traffic needs of the City. As part of the Trapper's Crossing preliminary plat approval, the developer was required to participate in a satisfactory plan for the reconstruction of the roadway. The first step toward improving the roadway is preparation of a feasibility report for the project. At the City Council meeting on February 13, 1995, a cost sharing proposal was approved whereby the City would reimburse the developer for 50% of the feasibility report costs, not to exceed $10,000.00, if the project proceeds as a Municipal State Aid project where this cost would be reimbursed by the State Aid fund. Mr. Powell recommended that the City Council adopt Resolution No. 95 - 53 Ordering Preparation of a Feasibility Report for the 12 Avenue/Holly Drive Municipal State Aid Improvement. He noted that the report should be ready for either Council meeting in May. Council Member Elliott moved to adopt Resolution No. 95 - 53. Council Member Kuether seconded the motion. Council Member Kuether suggested that a time limit be placed on the project such as if the project does not commence within one year from the date the City Council receives the report, the City will not be responsible for costs of the report. After further discussion, Council Member Elliott agreed to add the above described time limit to her motion. Council Member Kuether amended her second to the motion to include the time limit. Voting on the motion, motion carried unanimously. Resolution No. 95 - 53 can be found at the end of these minutes Consideration of Resolution No. 95 - 54, Resolution No. 95 - 55 and Resolution No. 95 - 56 Adding and Deleting Segments of the Municipal State Aid Roadway System - Mr. Powell explained that Cities which qualify for participation in the Municipal State Aid (MSA) System are allowed to designate roadways to the system based on a percentage of the amount of improved roadways within the City. In a community like Lino Lakes which is increasing the number of improved roadways through the construction of subdivisions, the amount of mileage available for MSA designation PAGE 18 1 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 increases also. The MSA designation can be assigned to either an existing or non -existing roadway. Before the State Aid. Division of MnDOT will recognize MSA routes, the routes must first be officially designated by the City Council. The following revisions have been reviewed by the State Aid Division of MnDOT and would be acceptable. Resolution No. 95 - 54 Establishing Non -Existing Apollo Drive from State Trunk Highway 49 to Lake Drive as a M.S.A.S. This route would allow for the extension of Apollo Drive north of Lilac Street ultimately connecting to Lake Drive. Resolution No. 95 - 55 Establishing a Non -Existing Route from Anoka Country Road 84 to County State Aid Highway 14 as a M.S.A.S. This proposed route is located on the east side of I - 35E and would begin at Main Street, run south through a future development area, and connect with Otter Lake Road. Although the route is shown roughly midway between I -35E and Elmcrest, its exact location can be`,determined at some time in the future. It may ultimately lie over 'portions of Otter Lake Road and Cedar Street depending on development activity in the area. Resolution No. 95 - 56 Revoking Non -Existing Industrial Boulevard from Apollo Drive to State Trunk Highway 49 as a M.S.A.S. In the preliminary review of the Apollo Business Park development, the construction of another north -south connection from Apollo Drive to Lilac Street was considered. As development has evolved in this area, it is becoming apparent that a single, larger parcel will be more marketable than the much smaller parcels created by another roadway connection. Mr. Powell recommended that the City Council adopt the above three (3) described resolutions to adjust the Lino Lakes MSA System. Council Member Kuether moved to adopt Resolution No. Council Member Elliott seconded the motion. Motion unanimously. Council Member Elliott moved to adopt Resolution No. Council Member Bergeson seconded the motion. Motion unanimously. Council Member Kuether moved to adopt Resolution No. Council Member Bergeson seconded the motion. Motion unanimously. 95 - 54 carried 95 - 55. carried 95 - 56. carried Resolution Nos. 95 - 54, 95 - 55 and 95 - 56 can be found at the PAGE 19 26 26' COUNCIL MEETING APRIL 24, 1995 end of these minutes. CONSIDERATION OF THE 1995 INTERNAL CITY GOALS, RANDY SCHUMACHER Mr. Schumacher explained that the City Council met in January, 1995 to review the goals for the 1995 City Work Plan. April 1, 1995, the City Council met in a special session to finalize this plan. Adjustments have been made based on the results of the special Council session and time lines have been added. This document serves as a working document to guide the staff and City Council through the year and can be used as a measuring stick for productivity. Mr. Schumacher noted that these goals will be updated about June or July. Council Member Elliott asked that this list of goals be added to the Citizens Library. Council Member Bergeson asked that Item No. 19, Adams Outdoor Advertising be further explained. Mr. Schumacher suggested that the item be titled, "Adams Outdoor Advertising Litigation". Council Member Elliott moved to approve the 1995 Internal/City Hall Goals as amended. Council Member Bergeson seconded the motion. Motion carried unanimously. OLD BIISINESS There was no old business. NEW BIISINESS Consideration of 3.2 Beer License for the Circle -Lex VFW Club, Post #6583 for their April 29, 1995 Loyalty Day Celebration - Mrs. Anderson explained that the Circle -Lex VFW Post #6583 is hosting the 1995 Loyalty Day Parade on April 29, 1995. As part of their celebration, a tent will be erected in the parking lot at the VFW Club. Food and beverages will be served from the tent. Beverages include 3.2 beer and other non -intoxicating drinks. The State of -Minnesota is requiring that a separate 3.2 Beer License be issued for this event. Council Member Kuether moved to Council Member Elliott seconded unanimously. Consideration of a Proclamation Prayer, Thursday, May 4, 1995 - proclamation. The service will Hall. approve the 3.2 Beer License. the motion. Motion carried Recognizing the National Day of Mayor Reinert read the be held at the Lexinton City PAGE 20 1 1 1 1 1 COUNCIL MEETING APRIL 24, 1995 Consideration of a Proposal from the Brimeyer Group, Inc. for Recruitment Services in Filling the Director of Public Works/City Engineer Position - Mr. Schumacher explained that the City has used executive search firms in the past to fill its last two (2) department head level vacancies. It has been a positive and successful process. The Council has requested that a proposal be obtained from the Brimeyer Group for the purpose of filing the vacant position of Public Works Director/City Engineer. An outline of the search process as well as a time schedule has been prepared for the City Council to review. Mr. Schumacher noted that he has spoken to several other metro - area cities who have used the Brimeyer Group and all have had positive results. He noted that the Brimeyer Group does recruit personnel from the entire midwest area and not just the metro - area. Council Member Bergeson referred to item "B" on page 3, and asked Mr. Schumacher to explain the fee. Mr. Schumacher explained that five (5) candidates will be examined for $400.00 and if additional candidates are to be examined, Brimeyer Group will charge an extra $85.00 per candidate. Mayor Reinert referred to page four (4), GUARANTEE and asked Mr. Schumacher to explain the 18 months guarantee. Mr. Schumacher explained that the guarantee covers all situations including if the selected person decides to leave before the 18 month period has lapsed. Mr. Hawkins said it appeared to him that the only way the City would get a guarantee is if the City terminated the employment of the person. Mr. Schumacher will talk to Mr. Brimeyer about this provision and get proper wording in the contract before it is signed. Council Member Elliott moved to approve the contract with Brimeyer Group for $10,000.00. Council Member Bergeson seconded the motion. Motion carried unanimously. These minutes were considered, corrected and approved at a regular meeting of the City Council on May 8, 1995. Marilyn G. Anderson Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 21 27u 271 Council Member Bergeson introduced the following ordinance and moved its adoption: ORDINANCE NO. 05 - 95 AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1003.01 Building Code, Subdivision 1, Minnesota State Building Code Adopted deleted and replaced by the following: Section 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota statute 16B.62, Subdivision 1, when so established by this ordinance. The code enforcement agency of this municipality is called the City of Lino Lakes Building Department. Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota statute 168.62, Subdivision 1, and as provided for in Chapter 1 of the 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Table No. 10A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69) Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75, is hereby adopted as the building code for the City of Lino Lakes. The code is hereby incorporated in this ordinance as if fully set out herein. 1 1 1 1 ORDINANCE NO. 05 - 95 Page -2- A. The Minnesota State Building Code includes the chapters of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1994 Uniform Building Code Appendix Chapters: a. 3, Division I, Detention and Cor Facilities b. 12, Division II, Sound Transmission c. 29, Minimum Plumbing Fixtures 5. 1307 Elevators and Related Devices 6. 1315 Adoption of the 1993 National Electrical 7. 1325 Solar Energy Systems 8. 1330 Fallout Shelters 9. 1335 Floodproofing Regulations 10. 1340 Facilities for the Handicapped 11. 1346 Adoption of the 1991 Uniform Mechanical 12. 1350 Manufactured Homes 13. 1360 Prefabricated Buildings 14. 1365 Snow Loads 15. 1370 Storm Shelters 16. 4715 Minnesota Plumbing Code 17. 7670 Minnesota Energy Code B. following including rectional Control Code Code The following optional appendix chapters of the 1994 Building Code are hereby adopted and incorporated as the building code for the City of Lino Lakes: 1. 15 Reroofing 2. 19 Exposed Residential Concrete 3. 31 Division II, Membrane Structures Uniform part of C. The following optional chapters of Minnesota rule are hereby adopted and incorporated as part of the building code for the City of Lino Lakes: 1. 1306 Special Fire Protection Systems with Option 8A Section 5. This Ordinance shall take effect upon its passage and publication according the City Charter. Vernon F. Reinert, Mayor L./V/-4A= Marilyn G. Anderson, Clerk -Treasurer .7 E ORDINANCE NO. 05 — 95 Page —3— The motion for adoption of the foregoing ordinance was 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 ordinance was declared duly passed and adopted. 1 1 1 1 1 Councilmember Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 06 - 95 AN ORDINANCE OFFERING THE SALE BY THE CITY OF LINO LAKES OF LOT 2 AND A PORTION OF LOT 3, BLOCK 1, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: The real property legally described as Lot 2 and a portion of Lot 3, Block 1, measuring 401 feet (+ or -) along Apollo Drive and 337 feet (+ or -) along 4th Avenue and 419 feet (+ or -) along the north property line and 295 feet (+ or -) along the east property line, Apollo Business Park, Anoka County, Minnesota (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. The city council of the City authorizes sale of the Property to Nol-Tec Systems, Inc., for $117,000. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. ATTEST: Marilyn . Anderson, Clerk -Treasurer - Vernon F. Reinert, Mayor ?74 27 The motion for adoption of the foregoing ordinance was duly seconded by councilmember Elliott and upon a 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. First Reading Approved on April 10, , 1995 Second Reading Approved on April 24, , 1995 Published in the official newspaper on May 2, , 1995 1 1 1 1 1 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95- 48 RESOLUTION ACCEPTING BIDS FOR COUNTRY LAKES ESTATES - PHASE 2 WHEREAS, Pursuant to an advertisement for bids for Country Lake Estates - Phase 2, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Bonine Excavating 12669 Meadowvale Road Elk River, Minnesota 55330 $230,643.63 Glenn Rehbein Excavating 8651 Naples Street NE Blaine, Minnesota 55449 $263,365.68 Volk Sewer and Water 8909 Bass Creek Court Brooklyn Park, Minnesota 55428 $278,369.31 Northdale Construction 14450 Northdale Boulevard Rogers, Minnesota 55374 $283,818.85 Burschville Construction 11440 -8th Street NE Hanover, Minnesota 55341 $290,381.50 C.W. Houle, Inc. 1300 West County Road I Shoreview, Minnesota 55126 $292,997.45 Brown & Cris, Inc. 19740 Kenrick Avenue Lakeville, Minnesota 55044 Engineer's Estimate $339,527.01 $296,786.10 AND WHEREAS, it appears that Bonine Excavating, Elk River, Minnesota, is the lowest responsible bidder, 2/ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Bonine Excavating of Elk River, Minnesota, in the name of the City of Lino Lakes for Country Lakes Estates - Phase 2, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 24th day of April, 1995. ATTEST: )L4,_ 1 (t ‘L,. Marilyn G. Anderson Clerk -Treasurer • Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution Member Elliott taken thereon, the following voted in favor thereof: Reinert. The following voted against same: None. was duly seconded by Council and upon vote being Bergeson, Elliott, Kuether, Neal, Whereupon said resolution was declared passed and adopted. 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 95- 50 RESOLUTION ACCEPTING BIDS FOR WOODS OF BALDWIN LAKE WHEREAS, Pursuant to an advertisement for bids for Woods of Baldwin Lake, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Glenn Rehbein Excavating 8651 Naples Street NE Blaine, Minnesota 55449 $108,947.71 Bonine Excavating 12669 Meadowvale Road Elk River, Minnesota 55330 $157,036.72 Northdale Construction 14450 Northdale Boulevard Rogers, Minnesota 55374 $160,908.55 Brown & Cris, Inc. 19740 Kenrick Avenue Lakeville, Minnesota 55044 $180,230.60 Burschville Construction 11440 -8th Street NE Hanover, Minnesota 55341 $182,916.85 C.W. Houle, Inc. 1300 West County Road I Shoreview, Minnesota 55126 $186,705.85 Ro-So Contracting 7137 -20th Avenue Centerville, Minnesota 55038 $206,216.00 Hydrocon, Inc. PO Box 129 North Branch, Minnesota 55056 Engineer's Estimate $215,646.00 $178,291.30 AND WHEREAS, it appears that Glenn Rehbein Companies, Blaine, Minnesota, is the lowest responsible bidder, 2.7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Glenn Rehbein Companies of Blaine, Minnesota, in the name of the City of Lino Lakes for Woods of Baldwin Lake, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 24th day of April, 1995. Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution Member Kuether taken thereon, the following voted in favor thereof: Reinert. The following voted against same: None. Ber was duly seconded by Council and upon vote being geson, Elliott, Kuether, Neal, Whereupon said resolution was declared passed and adopted. 1 1 1 1 1 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-51 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - CLEARWATER CREEK. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Clearwater Creek, filed with the Council on April 24, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to John Powell of TKDA, and he is instructed to report to the 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 24th day of April, 1995. Vernon F. Reinert, Mayor --Ii'1 ‘vh Marilyn G. Ahderson, 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. 28u 81 PETITION FOR A FEASIBILITY STUDY 1 We, the undersigned Lino Lakes property owners, do hereby petition the City of Lino Lakes to prepare a feasibility study to determine / �Vn��`�/ whether or not it is feasible to install sewer and water servicet'� for the property listed below in accordance with the provisions of f'�'`rVt r rf the Lino Lakes City Charter, Section 8.04 and Chapter 429 of Minnesota Statutes. (A benefitted property owner can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have one signature.) PROPERTY ADDRESS DESCRIPTION C -6_ A- G lc 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-52 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - TRAPPER'S CROSSING. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Trapper's Crossing, filed with the Council on April 24, 1995, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to Steve Heth of SEH, and he is instructed to report to the 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 24th day of April, 1995. f Martlyn d? Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None Whereupon said resolution was declared duly passed and adopted. 04/47!95 09:59 FAX 812 784 9136 (UlCAP SUN 1LI u42;' uu2 PETITION FOR A FEASIBILITY STUDY We, the undersigned Lino Lakes property owners, do hereby petition the City of Lino Lakes to prepare a feasibility study to determine whether or not it is feasible to install sewer and water service 9vf\J\G for the property listed below in accordance with the provisions of 404 the Lino Lakes City Charter, Section 8.04 and Chapter 429 of Minnesota Statutes. (A benefitted property owner can only sign once regardless of the number of benefitted parcels owned and a benefitted parcel can only have one signature_) ADDRESS PROPERTY DESCRIPTION 1 Council Member Elliott moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-53 RESOLUTION ORDERING PREPARATION OF REPORT - 12TH AVENUE/HOLLY DRIVE WHEREAS, it is proposed to improve 12th Avenue and Holly Drive between Birch street and Ash Street 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: 1. The petition is hereby referred to Steve Heth of SEH, and he is instructed to report to the 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 24th day of April, 1995. ice `I i..l-z% 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. 2 rs C?t.jvcil Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-54 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS: it appears to the City Council of the City of Lino Lakes, Minnesota that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the road described as follows, to wit: Nonexisting route Apollo Drive from State Trunk Highway No. 49 to Lake Drive, a distance of 0.22 miles, be, and hereby is established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Lino Lakes. Adopted by the Lino Lakes City Council this 24th day of April, 1995. /) ,, 771 Marilyn G` Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following 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. 95-55 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS: it appears to the City Council of the City of Lino Lakes, Minnesota that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the road described as follows, to wit: Nonexisting route from Anoka County Road No. 84 to County State Aid Highway No. 14, a distance of 1.67 miles be, and hereby is established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Lino Lakes. Adopted by the Lino Lakes City Council this 24th day of April, 1995. J ) 6_ `z,/- _, ,ice, Marilyn G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether p9/9cl its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 95-56 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS: it appears to the City Council of the City of Lino Lakes, Minnesota that the street hereinafter described as a Municipal State Aid Street under the provisions of Minnesota Law, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes that the road described as follows, to wit: Industrial Boulevard from Apollo Drive to Trunk Highway 49 (Lilac Street) now numbered and known as Municipal State Aid Street 114, Segment 010, be, and hereby is revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration. Adopted by the Lino Lakes City Council this 24th day of April, 1995. Ma�lyn GG?Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted.