HomeMy WebLinkAbout10/28/1996 Council Minutes•
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COUNCIL MINUTES OCTOBER 28, 1996
CITY OF LINO LAKES
MINUTES
DATE : October 28, 1996
TIME STARTED : 6:30 P.M.
TIME ENDED : 8:50 P.M.
MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal
MEMBERS ABSENT : None.
Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins;
Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning
Coordinator, Mary Kay Wyland; Consulting Attorney, Ron Batty; and Clerk -Treasurer, Marilyn
Anderson.
SETTING THE AGENDA
Council Member Kuether questioned a disbursement for car rental in the amount of $91.25. Mr.
Wessel explained that Community Development Assistant, Mary Alice Devine rented a second
van for the Town Center tour. Ms. Wyland added that a van had to be rented, as no Waldoch
vans were available on that day.
Council Member Kuether called attention to the payment of $830.00 for a chair for the City
Engineer, as well as $653.00 for vehicle decals. Mr. Schumacher explained that a significant
number of decals were ordered at one time to replace old decals as well as for placement on new
vehicles. Council Member Kuether also questioned the expenditure from petty cash of $25.62
for travel, which did not include the name of the individual claiming reimbursement.
Council Member Kuether also asked about a disbursement by the Park Department for earplugs.
Mr. Schumacher explained that the earplugs are worn while maintenance equipment is being
operated.
Council Member Kuether questioned the cost of mileage and meals for Cindy Larson of the
Police Department, and mileage for Recreation Supervisor, Barry Bernstein. Mr. Schumacher
explained that it is the City's policy to reimburse employees for out-of-pocket expenses incurred
due to participation in a work-related seminar, including the cost for renting a vehicle when a
City vehicle is not available.
Finally, Council Member Kuether asked about a disbursement for street lighting. Mr.
Schumacher explained that the City is now billed for the signal light at Lake Drive and Highway
49 (Hodgson Road), adding that in new subdivisions the developer pays the cost of installation
and the City pays for monthly use.
CONSENT AGENDA
Council Member Kuether moved to approve the consent agenda. Council Member Neal
seconded the motion. Motion carried unanimously.
COUNCIL MINUTES OCTOBER 28, 1996
ITEM ACTION
DISBURSEMENTS:
October 28, 1996 Approved
Centennial Fire District Approved
OPEN MIKE
Tim Taylor, Discussion of Vehicle Purchased at Auction - Mr. Taylor, 7136 2nd Avenue,
explained that some time ago he purchased a Jeep auctioned by the City of Lino Lakes,
represented to be in "fine operating order". However, according to Mr. Taylor, he experienced
problems with the vehicle and, upon approaching Mr. Ahrens and Mr. DeWolfe to ask about
former repair, was informed that the vehicle had never been damaged and/or repaired. Mr.
Taylor stated that he subsequently researched the history of the vehicle through the State of
Minnesota motor vehicle records, finding that the vehicle was purchased in damaged condition
from Big Lake Autos by the City of Lino Lakes. At this time, Mr. Taylor is requesting return of
the amount he paid to the City in exchange for return of the vehicle.
Council Members Kuether and Neal asked to see Mr. Taylor's documentation. Mr. Schumacher
asked if the title to the vehicle indicated that it was salvaged. Mr. Taylor did not deny that the
title indicated this fact, but added that the title did not include information as to repairs, adding
that he felt the vehicle was misrepresented at auction.
Council Member Lyden asked if Mr. Taylor had inquired of a particular individual whether or
not the vehicle had ever been wrecked or otherwise damaged. Mr. Taylor responded that the
vehicle was marked as requiring no repair and as having had no major damage. Council Member
Lyden then asked Attorney Hawkins for an opinion, but Mr. Hawkins indicated he was not
prepared to comment as he had not had an opportunity to become familiar with the details of this
matter.
Mayor Landers recommended that Mr. Taylor contact Attorney Hawkins.
Mr. Schumacher requested clarification that Mr. Taylor had been provided with the maintenance
records on the subject vehicle, to which Mr. Taylor responded yes, after purchase.
20/20 Vision Update, J. P. Houchins - Mr. Houchins of Stagecoach Trail advised the Council
that representatives from the 20/20 project participate in meetings of the Comprehensive Plan
Task Force and the Town Center Planning group, and that 20/20 recommendations have been
considered in the initial plans for the Town Center. Mr. Houchins stated that an environmental
committee had been established, and that the citizens advisory group which monitors and brings
forward community issues continues to hold meetings.
Council Member Neal asked about attendance at meetings. Mr. Houchins indicated that
attendance has been good, but that as issues are addressed the need for additional meetings will
diminish.
Council Member Bergeson asked about the procedure for replacing members whose terms
expire. Mr. Houchins responded that a form will be supplied to all who participated in the 20/20
process as well as advertisement in the local newsletter.
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COUNCIL MINUTES OCTOBER 28, 1996
Council Member Lyden asked if Mr. Houchins could identify the most significant deficit. Mr.
Houchins responded communication between City government and the citizenry is perceived as
the area of most need.
Greg Miller, DFL Candidate - Mr. Miller introduced himself to Council, pledging his support
to the City of Lino Lakes and all communities within District 51B in hopes of becoming its
representative. Mr. Miller stated that he has been a resident of Lino Lakes for 16 years, and
expressed his keen interest in the future of the community.
POLICE DEPARTMENT, RANDY SCHUMACHER
Consideration of Renewal of Animal Contract with Otter Lake Animal Care Center - Mr.
Schumacher explained that the City of Lino Lakes has maintained a contract with Otter Lake
Animal Control Center for the past two years. He added the relationship between the City and
Otter Lake Animal Control Center has been excellent, and that through the provisions of the
contract the Police Department has been able to meet the needs of the citizens, the Animal
Control Care Center, and the City. Police Chief Pecchia recommends that the contract be
renewed through December 31, 1998.
Council Member Neal moved to renew the contract with Otter Lake Animal Control Care Center
through December 31, 1998. Council Member Kuether seconded the motion. Motion carried
unanimously.
Consideration of Centennial School District Contract for Youth Resource Officer - Mr.
Schumacher explained that the Police Department is requesting that Council renew the current
Youth Resource Officer Service Agreement with the Centennial School District for the 1996/97
school year. Both the City and the school district agree that a more formalized approach to the
Youth Resource Officer Program is needed to improve understanding and promote mutual
respect between police, school, staff, counselors, parents and students. Police Chief Pecchia
recommended approval of the Agreement.
Council Member Kuether asked if the term of the contract could be changed to conform to
Council's budget period, or if the period for cancellation could be extended. Mr. Schumacher
indicated that he would pursue such an adjustment.
Council Member Bergeson asked who the officer would be. Council Member Neal indicated that
certain correspondence indicated that the current officer would continue to serve in that capacity.
Council Member Neal moved to renew the Youth Resource Officer Service Agreement for the
1996/97 school year, contingent upon the specified budgetary timeline consideration. Council
Member Lyden seconded the motion. Motion carried unanimously.
Consideration of a Plan for Designating Forfeit Revenues - Mr. Schumacher explained that
the City of Lino Lakes received drug forfeiture funds in the amount of $6,316.64. According to
State law and the Police Department's policies and procedures, these funds must be expended for
law enforcement purposes. The Police Department is requesting that Council approve the
purchase of an upgraded computer terminal for use in a marked police vehicle. The cost of this
computer terminal would be approximately $6,000.00.
COUNCIL MINUTES OCTOBER 28, 1996
Additionally, Mr. Schumacher explained that the Police Department received an estimated
$2,332.55 in revenues from the sale of forfeited DWI offender -owned vehicles. Again, in
accordance with State law and the Police Department's policies and procedures, the Department
is asking that these funds be spent for DWI enforcement and D.A.R.E. programs.
Council Member Kuether asked for further information regarding the programs suggested for use
of funds from the DWI offender -owned vehicle sales. Mr. Schumacher indicated that additional
information would be forthcoming.
Council Member Kuether moved to approve the purchase of an upgraded computer terminal, as
well as use of funds from the sale of DWI offender -owned vehicles for additional DWI
enforcement and D.A.R.E. programs. Council Member Neal seconded the motion. Motion
carried unanimously.
CONTINUATION OF ASSESSMENT PUBLIC HEARING, RICE LAKE ESTATES
LETTER OF MAP REVISION, DAVID AHRENS
Consideration of Resolution No. 96 - 137, Adopting Assessment, Rice Lake Estates Letter of
Map Revision - Mr. Ahrens explained that this public hearing for adopting the assessment to
certain properties in Rice Lake Estates is being continued in order to present additional
information explaining the costs involved in the project, which costs bring the proposed
assessment to $130.55 per lot from the $94 estimate established at the beginning of the project.
Mr. Ahrens added that the original estimate to complete the Letter of Map Revision to remove
the properties from a designated flood zone was $3,400. This estimate was based on the
understanding that no FEMA processing fees would be required and that the scope of work was
to provide additional elevation information to support previously submitted drainage information
prepared in 1987. Per FEMA's direction, the submittal could not be treated as continuation of the
previous drainage study, and the Letter of Map Revision was to be treated as a new application.
Resulting increased FEMA processing fees were determined to be $400. Additionally, the fee
for engineering work in connection with submitting a new Letter of Map Revision increased by
$900. The entire cost breakdown is as follows:
Original Estimate $3,400
Additional FEMA Processing Fees 400
Additional Engineering Expense 900
TOTAL PROJECT COST $4,700
Based upon the above information, the final assessment to each lot involved in the Letter of Map
Revision is projected at $130.55 ($4,700 divided by 36 lots). Staff recommended that Resolution
No. 96 - 137 be adopted establishing the assessment for the Rice Lake Estate Letter of Map
Revision at $130.55 per lot.
Council Member Bergeson asked if the additional engineering expense would be paid to the
company that performed the original work. Mr. Ahrens responded in the affirmative.
Council Member Kuether requested clarification that the FEMA requirement for treatment of this
estimate as a new application was not known at the time of the original estimate. Mr. Ahrens
responded that there was no knowledge of the possibility for additional expense at that time.
Mayor Landers opened the public hearing continuation at 7:16 P.M.
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COUNCIL MINUTES OCTOBER 28, 1996
Lisa Gevinka, Sandhill Drive, explained that at the time of closing on the refinancing of her
property, she was informed that her lot was situated in a flood zone and that an additional fee of
$1,700 for flood insurance would be required. Since that time, Mrs. Gevinka has worked closely
with Ms. Wyland to resolve this issue. Mrs. Gevinka addressed Council on this occasion to
express dissatisfaction with the increase in the assessment estimate without sufficient notice or
explanation.
Ms. Wyland added that the project approval came in last November with the assessment portion
coming due this Fall, and that it was decided to notify property owners of the increased
assessment amount at the time of the public hearing.
Mayor Landers suggested that the quote was in the form of an estimate. However, Mrs.
Gevinka's interpretation was that the amount was not an estimate but a firm cap of $94.
Ms. Wyland stated that two additional application fees were incurred, which were not
anticipated; and that she believed TKDA did not anticipate these additional expenses.
Council Member Kuether asked whether TKDA could be expected to honor the original quote.
Mr. Ahrens explained that unbeknownst to TKDA, the scope of work changed when FEMA
required treatment of the Letter of Map Revision as a new application, resulting in additional
expense.
Council Member Bergeson asked for clarification regarding the City's notification to the property
owners. Ms. Wyland indicated that notification of the $94 assessment was forwarded to property
owners in October of 1994. Council Member Bergeson suggested that the City may share
responsibility for the increased assessment amount.
Mrs. Gevinka agreed that in any case the amount was reasonable compared to the cost of flood
insurance.
Council Members Neal and Lyden expressed their feeling that the additional costs should not be
the responsibility of the property owners and should be borne by TKDA.
Council Member Bergeson pointed out that there are two parts to this issue: engineering costs
and FEMA charges. He stated that the FEMA charges are beyond the City's control, while it
should be able to exercise a certain amount of control over such as the engineering costs.
LeAnn Larson, 6677 Sandhill Drive, stated that although the difference between the original
assessment figure and the adjusted one is not a large amount (approximately $45), the principle is
significant.
Bruce Gevinka stated that the Letter of Map Revision should have been the responsibility of the
developer at the time his home was being planned. He also expressed pleasure that the Revision
is now being accomplished, as it will save aggravation later in the event his property is sold or
refinanced. Mr. Gevinka asked if the additional expenses were directed toward the 36 parcels
subject to this assessment, or to a larger area. Mr. Ahrens responded that the work was for the 36
lots in the original study.
COUNCIL MINUTES OCTOBER 28, 1996
Council Member Kuether asked Ms. Wyland if there was a reason why the property owners were
not notified of the increase immediately upon discovering it. Ms. Wyland stated that she was not
aware that the increased work would result in an increase to the amount of the assessment.
Additionally, the assessment period had passed by the time the increased amount was known.
Mrs. Gevinka thanked Ms. Wyland for all of her efforts throughout the three-year period since
this effort began.
Council Member Kuether moved to close the public hearing. Council Member Lyden seconded
the motion. Motion carried unanimously.
Council Member Neal moved to adopt Resolution No. 96 - 137 approving the assessment for the
Rice Lake Estates Letter of Map Revision at $94 per lot. Council Member Lyden seconded the
motion.
Council Member Bergeson indicated disagreement with attempting to recoup the $400 paid to
FEMA from TKDA, but that it might be appropriate to seek the additional engineering expense
of $900 from TKDA.
Council Member Kuether agreed with Council Member Bergeson.
Mayor Landers agreed that the property owners should only pay the $94 they were originally
assessed.
Motion carried with Council Member Kuether voting no.
Resolution No. 96 - 137 can be found at the end of these minutes.
PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND
Consideration of a Variance, John and Kim Sullivan - Ms. Wyland explained that Mr. and
Mrs. Sullivan are requesting an "after -the -fact" variance which was tabled at the September,
1996 Planning and Zoning meeting. At the September 18, 1996 Council work session some
members of Council indicated that a dangerous precedent would be set should Council agree to
any cost sharing with respect to relocating the building as originally suggested by the Sullivans
and some members of the Planning and Zoning Board. Council suggested the Sullivans review
their original request, make some modifications if necessary, and return to the Planning and
Zoning Board with a petition from the adjoining property owners.
Ms. Wyland stated that after Staff discussions with the Sullivans, they opted to request
permission to keep the building in its present location. Staff received a petition from the
adjoining property owners indicating no objection to the location of the accessory building.
By a vote of 5 to 2, the Planning and Zoning Board denied the Sullivans' request at its October,
1996 meeting. The Board did not believe a variance to allow the building 1-1/2 feet from the
property line was acceptable even though the building is an existing structure and some
miscommunication occurred between the Sullivans and City Staff. The Board did, however,
acknowledge that a variance of 10 or 15 feet would receive a more acceptable review, as there is
some apparent hardship to the land. Staff recommended adherence to its original
recommendation of denial in the present location.
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COUNCIL MINUTES OCTOBER 28, 1996
Council Member Kuether asked for clarification as to how the building came to be 1-1/2 feet
from the property line. Mrs. Sullivan explained that the building actually stands approximately
16 feet from the curb. Ms. Wyland clarified that the curb does not represent the property line.
Mrs. Sullivan added that she conducted considerable investigation to determine what type of
restriction might exist at her property location. She said she was assured there was none. She
was told that a building could be placed 30 feet from the center of the street; however, later that
information was retracted because consideration had not been given to the property being a
corner lot. The term "setback" was not discussed. Ms. Sullivan maintains her appeal for
consideration of the variance, as hardship to the land exists. She also pointed out that the
Sullivan's building does not impair view, nor does it conflict with the neighborhood.
Council Member Lyden asked how close the building is from the 30 -feet -from -center -of -the -
street measurement. Mrs. Sullivan explained approximately 1-1/2 feet.
Council Member Lyden moved that the Sullivan variance of 28-1/2 feet based upon drainage
easement, unusual shape of the lot, and absence of a suitable alternate site be approved. Council
Member Neal seconded the motion.
Council Member Bergeson, having visited the site, expressed his agreement that characteristics
of the lot may warrant the requested variance. He suggested that there is an ordinance which
allows for a 5 -foot variance for a non -corner lot, and the Sullivan's situation comes very close to
meeting that criterion. However, he expressed concern that a dangerous precedent could be set
by allowing for this variance. Justification for this departure from the standard variance distance
must be in place.
Council Member Lyden asked what the costs are to the property owners for the variance. Mrs.
Sullivan indicated that there was a $200 deposit and $50 filing fee for the variance.
Motion carried unanimously.
Consideration of MUSA Expansion on Lilac Street and Marvy Street - Ms. Wyland
explained that the City received a petition from six property owners on Lilac Street requesting
that their property be included in the Metropolitan Urban Service Area boundary (MUSA). The
subject properties are located on the north side of Lilac between the Behm's Century Farm
development and 4th Avenue. Two of the six property owners are currently having problems
with their septic systems and would like to connect to municipal utilities which are available on
Lilac Street. The other property owners have indicated an interest in connecting but are not
experiencing immediate difficulty with their existing systems. The utilities were originally
extended past these parcels to serve the Behm's Century Farm Development.
Ms. Wyland added that the properties are zoned R-1, Single Family Residential, and indicated as
residential on the City's Land Use Map. They are not, however, currently located within the
City's MUSA boundary and must be included in that designation to be allowed access to the
sewer system. The City must prepare a Minor Comprehensive Plan Amendment in order to
extend MUSA to these properties. Staff has been advised by the Metropolitan Council that this
extension is reasonable considering the eminent health hazard of the failed systems.
With respect to the property located at 74 Marvy Street, Ms. Wyland explained that the owners
are also experiencing difficulty with the existing septic system. A replacement system would be
very costly and questionable as to its effectiveness due to poor soils. Sewer is available to the
rear of this property on Apollo Drive where there is MUSA designation. However, the dwelling
COUNCIL MINUTES OCTOBER 28, 1996
sits on the Marvy Street side of the property, which is not currently within the MUSA boundary.
The property owner is interested in connecting to the municipal utilities currently available on
Apollo Drive through his back yard. The City Engineer is considering the extension of utilities
from Apollo Drive to Marvy Street. He will be reviewing this proposal with the property owners
in the near future.
Ms. Wyland added that the Planning and Zoning Board held a public hearing on Wednesday,
October 9, 1996 to review these two MUSA requests, and recommended approval of a Minor
Comprehensive Plan Amendment to include the following properties within the Metropolitan
Urban Service Area (MUSA) boundary:
Total "new" MUSA acreage on Marvy Street - .92 acres
74 Marvy Street, Lot 1, Block 12, Sunset Oaks
Total "new" MUSA acreage on Lilac - 16.2 acres:
307 Lilac Street, Parcel No. 07-31-22-44-0007
315 Lilac Street, Parcel No. 07-31-22-44-0008
323 Lilac Street, Parcel No. 07-31-22-44-0004
339 Lilac Street, Parcel No. 07-31-22-44-0013
347 Lilac Street, Parcel No. 07-31-22-44-0020
Parcel No. 07-31-22-44-0018
Parcel No. 07-31-22-44-0016
Ms. Wyland pointed out that this designation in no way effects the 150 acres of MUSA reserve.
Council Member Bergeson asked if including one property on Marvy Street and then a number
on Lilac would appear to be "soliciting emergencies". Ms. Wyland indicated that the Lilac
property should be considered at this time and perhaps the Marvy Street property should be held
for later determination. She added that two separate applications will be prepared, one for the
Lilac Street properties and the other for the Marvy Street property. They can be submitted at
separate times.
Mr. Wessel stated that each emergency would be considered on its own merit in any case, and
that handling all of these properties at the same time shouldn't make any difference.
Mayor Landers asked at what point the Marvy Street residents would be contacted with respect
to connecting, since there are other possibilities for poor septic system situations. Mr. Ahrens
indicated that communications soliciting need/interest would be necessary right away. He also
agreed that the applications should be processed separately.
Council Member Bergeson suggested two separate motions.
Mr. Ahrens explained that future plans and considerations are taken under advisement as projects
are proposed.
Council Member Bergeson moved to approve a MUSA amendment for the properties between
the Behm's Century Farm development and 4th Avenue, fronting on Lilac Street. Council
Member Lyden seconded the motion. Motion carried unanimously.
Council Member Kuether moved to approve a MUSA amendment for the Marvy Street property.
Council Member Lyden seconded the motion. Motion carried unanimously.
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COUNCIL MINUTES OCTOBER 28, 1996
CITY ENGINEER'S REPORT, DAVID AHRENS
Consideration of Resolution No. 96 -143, Ordering Preparation of Report, Otter Lake
Service Road Improvements - Mr. Ahrens explained that the Clearwater Creek Development
area continues to receive interest from business owners to incorporate industrial and commercial
construction sites. Recently Staff reviewed a proposal to build an Amoco station with attached
restaurant at the corner of Main Street and Otter Lake Road. The location of this proposed
construction necessitates the installation of the east -west portion of the Otter Lake Service Road
with utilities to serve the site and other undeveloped property in the area. This work is proposed
for completion under the same contract as the Otter Lake Road Realignment Project planned for
next Spring. However, the proper steps in the public improvement process for the service road
project need to be followed to allow this to happen. It is necessary that the public improvement
process be initiated at this time to prepare a feasibility report on street and utility improvements
to serve properties adjacent to the proposed Otter Lake Service Road.
Council Member Bergeson pointed out that the lot to the east could be a problem with respect to
double frontage. He suggested that at a future meeting or work session a motion or possible
action could be suggested to ensure that future construction doesn't result in the rear of a building
being on a frontage road.
Mr. Wessel agreed that Staff should come back to Council with a recommendation on this issue.
Council Member Kuether moved to adopt Resolution No. 96 - 143, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 143 can be found at the end of these minutes.
Consideration of an Apollo Drive Access Agreement - Prior to Mr. Ahrens' presentation,
Council Member Kuether asked that this item be tabled pending additional information.
Patrick Simons, Twin City Town Homes, spoke to Council indicating that the property is
proposed for development as town homes, but that the layout has not yet been determined. He
indicated that a new plan has been submitted, which the County Public Works Committee and
County Board have approved unanimously. All those involved agree that the best access to this
project is off Apollo Drive.
Council Member Kuether asked if both matters could be presented simultaneously. Mr. Simons
indicated that access should be gained prior to submission of the site plan. However, at this time
the site plan has been submitted, and will be considered at the next Planning and Zoning Board
meeting. This new plan is based upon Apollo Drive access.
Council Member Lyden agreed with Council Member Kuether that the project should be
reviewed by Council in its entirety.
Mr. Ahrens expressed agreement with Mr. Simons, in that access is critical to going forward with
site plans.
Mayor Landers agreed with Council Members Kuether and Lyden.
COUNCIL MINUTES OCTOBER 28, 1996
Council Member Kuether moved to return this item to Staff for presentation at a future meeting
together with a site plan. Council Member Lyden seconded the motion. Motion carried
unanimously.
Consideration of Resolution No. 96 - 144, Receiving Report and Calling Hearing on Trunk
Utilities Improvement, 35W/TH 49 Interchange Commercial Development Area - Mr.
Ahrens explained that the feasibility report for providing utility service to this area is complete,
and according to Minnesota State Statutes 429 and Lino Lakes City Charter, Council will receive
the report and schedule a public hearing. Thus the public hearing is scheduled for the November
25, 1996 Council meeting.
Council Member Bergeson asked about the amendment to the City Charter regarding treatment
of areas near the interchange. Mr. Ahrens indicated that all of the subject property is exempt
from Charter provisions.
Mr. Wessel agreed that the property owners must be advised of how their property is affected by
governing regulations.
Council Member Kuether moved to adopt Resolution No. 96 - 144, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 144 can be found at the end of these minutes.
Consideration of Accepting Proposal for a Street Reconstruction Plan - Mr. Ahrens
explained that Council and the Charter Commission met recently to discuss reconstruction of
City streets. A result of that meeting was a motion adopted by the Charter Commission
requesting the City Engineer to prepare a Street Reconstruction Plan.
Mr. Ahrens added that Staff received a proposal from BRW, Inc. to prepare a Street
Reconstruction Plan for the not -to -exceed amount of $11,990. The Plan will review existing
street data in the City's pavement management system, conduct a field review, prioritize the
streets for reconstruction, and prepare cost estimates. The Plan will be very useful in selecting
streets for reconstruction per Council and Charter Commission direction and assist the City in the
future for possible projects.
Council Member Neal asked what is involved in preparing a street reconstruction plan. Mr.
Ahrens reiterated an evaluation would include prioritization and include cost estimates.
Council Member Kuether asked how this fits in with the City's transportation plan. Mr. Ahrens
indicated that this is a separate issue.
Council Member Bergeson pointed out that this matter began with creation of a test case for
street improvements through meeting with the Charter Commission. He noted the importance of
such a Plan in the future.
Council Member Kuether moved to approve the proposal for a street reconstruction plan.
Council Member Bergeson seconded the motion. Motion carried unanimously.
OLD BUSINESS - None.
NEW BUSINESS
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COUNCIL MINUTES OCTOBER 28, 1996
• Consideration of Minutes of Special Council Meeting (Council Member Neal was absent)
Council Member Kuether moved to table consideration of these minutes until the next regular
Council meeting. Council Member Bergeson seconded the motion. Motion carried with Council
Member Neal abstaining.
Consideration of Setting Public Hearing Regarding Organized Solid Waste, Wednesday,
November 20, 1996, 7:00 P.M.
Council Member Kuether moved to set the public hearing regarding organized solid waste for
Wednesday, November 20, 1996 at 7:00 P.M., and to cancel the meeting originally scheduled for
6:30 P.M. on October 30. Council Member Lyden seconded the motion.
Mayor Landers asked about support by Council with respect to this issue. Mayor Landers
expressed his support, as did Council Members Kuether, Neal, Lyden and Bergeson.
Motion carried unanimously.
REMINDER, Next Regular City Council Meeting, Tuesday, November 12, 1996, 6:30 P.M.
(Monday, November 11, 1996 is Veterans' Day)
ADJOURN
• Council Member Bergeson moved to adjourn at 8:50 P.M. Council Member Neal seconded the
motion. Motion carried unanimously.
These minutes were considered, corrected, and approved at the regular Council Meeting, October
13, 1997.
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Maril aAnd juiun Clerk -Treasurer Jo L. Landers, Mayor
(Ji
Transcribed by: Judy Pope
TimeSaver Off -Site Secretarial, Inc.
Council Member Neal introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96 -137
RESOLUTION ADOPTING ASSESSMENT FOR THE RICE LAKE ESTATES
LETTER OF MAP REVISION
WHEREAS, pursuant to proper notice duly given as required by law, the City Council
met and heard and passed upon all objections to the proposed assessment
for the Rice Lake Estates Letter of Map Revision,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part
thereof, 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
benefited 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 fifteen years, the first installment to be payable on or before the first
Monday in January, 1997 and shall bear interest at the rate of seven percent (7%)
per annum from the date of the adoption of this assessment from the date of this
resolution until December 31, 1996. 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.
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RESOLUTION NO. 96 - 137
Page -2-
Adopted by the Council of the City of Lino Lakes this 28th day of October, 1996.
Jot h L. Landers, Mayor
Marilyn . Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Lyden and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Lyden, Neal, Landers.
The following voted against same: Kuether
Whereupon said resolution was declared duly passed and adopted.
Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 96-143
RESOLUTION ORDERING PREPARATION OF REPORT FOR OTTER LAKE ROAD
SERVICE ROAD STREET AND UTILITY IMPROVEMENTS
WHEREAS, it is proposed to improve Otter Lake Service Road between Phelps Road and re-
aligned Otter Lake Road by constructing street, curb and gutter, storm sewer, watermain and
sanitary sewer and to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. That the proposed improvement be referred to the City Engineer for study and that 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 28th day ,» October, 1996.
Marilyn yn . Anderson, Clerk -Treasurer
n L. Landers, 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, Kuether, Lyden, Neal, Landers.
The following voted against same: None .
Whereupon said resolution was duly passed and adopted.
CERTIFICATION
I hereby certify that the above is a correct copy of a resolution duly passed, adopted and
approved by the City Council on October 28, 1996.
Marilyn G. Anderson, Clerk -Treasurer
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Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 96-144
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT - 35W/TH 49 INTERCHANGE COMMERCIAL DEVELOPMENT
AREA TRUNK UTILITIES.
WHEREAS, pursuant to resolution of the council adopted June 24, 1996, a
report has been prepared by OSM, Inc., with reference to the
improvement of the 35W/TH 49 Interchange Commercial
Development Area by constructing watermain and sanitary sewer,
and this report was received by the council on October 28, 1996,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. The council will consider the improvement of such improvement in
accordance with the report and the assessment of abutting property for all
or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at
an estimated cost of the improvement of $582,440.
2. A public hearing shall be held on such proposed improvement on the 25th
day of November, 1996, in the council chambers of the city hall at 6:30
p.m. and the clerk shall give mailed and published notice of such hearing
and improvement as required by law.
Adopted by the City Council this 28th day of October, 1996.
)1,\ CL‘,1„wop,_
Marilyn G. Anderson
Clerk -Treasurer
hn Landers, Mayor
The motion for adoption of the foregoing resolution was duly seconded by
and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden,
Neal, Landers.
The following voted against same: none.
Council Member Neal
Whereupon said resolution was declared passed and adopted.
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