HomeMy WebLinkAbout08/25/1997 Council MinutesCOUNCIL MINUTES AUGUST 25, 1997
CITY OF LINO LAKES
MINUTES
DATE : August 25, 1997
TIME STARTED : 6:32 P.M.
TIME ENDED : 10:07 P.M.
MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal
MEMBERS ABSENT : None.
Staff members present: Dan Tesch; City Attorney, Bill Hawkins; Community Development
Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland;
Finance Director, Mary Vaske; and Clerk -Treasurer, Marilyn Anderson.
The agenda was approved as presented.
CONSENT AGENDA
Council Member Kuether moved to approve the consent agenda. Council Member Neal
seconded the motion. Motion carried unanimously.
ITEM ACTION
• MINUTES, August 11, 1997 Tabled to
September 8, 1997
MINUTES, November 20, 1996 Approved
DISBURSEMENTS:
•
August 25, 1997 Approved
($303,889.32, Check Nos. 48480 - 48586)
Centennial Fire District
(July 15, 1997)
OPEN MIKE
Approved
Kim Sullivan, 7232 Whippoorwill Lane, indicated to Council that she has not yet received the
documents she requested at the August 11, 1997 Council meeting.
Mr. Tesch indicated to Ms. Sullivan that the delay in providing the documents was due to City
Clerk, Marilyn Anderson, having been on vacation and not available to gather the requested
information.
Ms. Sullivan then referenced the correspondence proposed for submission to the State
Disposition Panel requesting destruction of certain documents, suggesting that Council had not
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COUNCIL MINUTES AUGUST 25, 1997
reviewed this correspondence prior to voting on this matter at its August 11, 1997 meeting. She
also asked about the timeline for taking action on Council s request.
Mayor Landers explained that all Council members were provided a copy of the correspondence
prior to the August 11, 1997 Council meeting. He had no knowledge of the timeline for the State
taking action on Council s request.
Ms. Sullivan asked if this matter would come back before Council at a future public meeting.
Mayor Landers indicated that he had no knowledge of how the State would respond.
Ms. Sullivan asked if the correspondence was available for public review.
Council Member Kuether stated that this confidential correspondence was provided by Council s
attorney to each Council member through US Mail.
Ms. Sullivan then asked what union affiliation the City Administrator holds.
Council Member Kuether responded that the City Administrator has no union affiliation.
No one else appeared under Open Mile.
CONSIDERATION OF CITY INSURANCE PACKAGE FOR 1997-98, MARY VASKE
Ms. Vaske explained that the City received quotes for its Property and Casualty insurance as well
as its Workers Compensation insurance, and presented the following information to Council for
review:
Property and Casualty Insurance
The following is the premium comparison from the League of Minnesota Cities Trust
(LMCIT) and the St. Paul Public Sector Services on the Property and Casualty Insurance:
LMCIT LMCIT St. Paul
Coverage's 1996/97 1997/98 1997/98
Property $ 8,532 $ 8,219 $ 9,315
Liability 65,194 57,936 37,734
Crime 1,085 977 563
Equipment 2,818 3,286 1,763
Automobile 17,508 17,366 29,425
Umbrella 15,705 13,797 6,447
Sub Total $110,842 $101,581 $ 85,237
The proposal from the LMCIT for 1997 is the same broad coverage currently in effect. The
City's insurance agent, Bob Kelly, met with both companies and reviewed the coverage. It was
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concluded that the coverage would be the same in most major areas with the following
exceptions:
1. St. Paul Companies does not provide pollution liability to third parties for
underground tank spills. Pollution cleanup with St. Paul Companies is limited to
$25,000. A separate tank pollution policy is available at a premium of $2,500. This
would have a limit of $1 million. Coverage would be primarily for cleanup and third -
party liability. This policy pays even if Minnesota Petro Fund rejects a claim. The
LMCIT does cover third -party claims and pollution cleanup. The limit is $215,000 plus
$100,000 in defense costs. LMCIT coverage is supplemental to Minnesota Petro Fund
and will not pay if Petro Fund does not pay.
2. Lead and asbestos pollution claims are excluded by St. Paul Companies. LMCIT
does provide limited coverage. Separate coverage can be quoted by St. Paul Companies
if details of asbestos are available.
The above are not the only differences between the two contracts; however, most of the
differences would not be of significant material difference. The underground tanks are an
exposure that must be evaluated along with the lead and asbestos exposures. The other
consideration is the estimated (not guaranteed) dividend from LMCIT. During the last five
years, the City has averaged $13,051.
Based on the above, if the City were to purchase the additional tank coverage with St. Paul
Companies the St. Paul Property and Casualty premium would rise to $87,737 ($85,237 plus
$2,500). If the City were to take into consideration the estimated (not guaranteed) dividend of
$13,054 from LMCIT, the LMCIT net premium would be $88,527 ($101,581 less $13,054). The
LMCIT coverage would cost $790 more than St. Paul Companies coverage.
Workers Compensation Insurance
The following is the premium comparison for Workers Compensation:
LMCIT LMCIT St. Paul State Fund
1996/97 1997/98 1997/98 1997/98
$44,360* $54,087 $52,780 $51,177
(*Workers Compensation for 1996 was lower as estimated payrolls were much lower.)
The State Fund was established by the State Legislature in 1983 to provide coverage to preferred
safety -minded policyholders. They currently insure over 5,000 Minnesota employers including
over 1,000 Minnesota Townships. All three quotes provide coverage as per the Minnesota
Statutes. The quotes also include volunteer coverage. LMCIT and St. Paul are fixed cost plans.
State Fund provides a retention plan that returns premiums if losses are less than 46% of the
premium; however, there is no penalty if losses exceed 46%.
COUNCIL MINUTES AUGUST 25, 1997
Staff recommended that the City continue to obtain Property and Casualty coverage from the
League of Minnesota Cities Trust, and obtain Workers Compensation coverage from State Fund 0 -
Mutual.
Council Member Kuether moved to obtain City Property and Casualty coverage from the League
of Minnesota Cities Trust and Workers Compensation coverage from State Fund Mutual.
Council Member Bergeson seconded the motion.
Council Member Bergeson pointed out that certain legal representation is implied in the purchase
of insurance coverage, and the League of Minnesota Cities Trust has appropriate staff in place to
provide this service.
Motion carried unanimously.
Consideration of FIRST READING, Ordinance No. 25 - 97 Amending City Code, Chapter
207, Defining Part -Time Employees and Outlining Long Term Disability and Prorated
Health Care, Mary Vaske - Ms. Vaske stated that the City currently employs five permanent
part-time employees who are not provided with health care benefits. This ordinance proposes to
provide these benefits on a prorated basis, depending on the number of hours worked. The
severance package should also be adjusted to accommodate all employees equally.
Ms. Vaske explained that the City currently pays for short-term disability, which provides $100
per week to qualifying employees. The proposed ordinance eliminates the City s contribution for
short-term disability and pays for long-term disability. The long-term disability would provide
60% payment of qualifying employees wages with a 90 -day waiting period. Short-term
disability would be offered at the employees expense, if they choose this option.
Staff recommended that the City approve Ordinance No. 25 - 97.
Council Member Kuether moved to approve FIRST READING, Ordinance No. 25 - 97, as
presented. Council Member Lyden seconded the motion. Motion carried unanimously.
Endorsement of Minnesota Benefit Association, Mary Vaske - Ms. Vaske explained that
recently Council endorsed AFLAC to offer certain benefits to City employees. Minnesota
Benefit Association provides many cities with varied options for employees. With membership
in the Association each employee would be provided a package that includes options on auto,
homeowner s and life insurance; mortgages; credit cards; and money market accounts, all at no
cost to the City. Ms. Vaske explained that this nonprofit organization has been in existence for
many years providing no -cost benefits to employees. Staff recommended that Council endorse
the Minnesota Benefit Association in order to offer City employees another choice of benefit
providers.
Council Member Lyden moved to endorse the Minnesota Benefit Association. Council Member
Neal seconded the motion. Motion carried unanimously.
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COUNCIL MINUTES AUGUST 25, 1997
PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND
FIRST READING, Ordinance No. 22 - 97, Rezone, Bruce Hanson, Aqua Lane, Preliminary
Plat and Planned Development Overlay (PDO) (4/5ths Vote) - Ms. Wyland explained that the
Planning and Zoning Board originally reviewed this matter in June and July of 1996. At that
time the Planning and Zoning Board recommended approval but Council expressed concern that
review of Planning District No. 2 had not been completed. Therefore, due to the absence of a
4/5ths Council vote, Mr. Hanson withdrew his request pending the outcome of Comprehensive
Plan meetings with respect to District No. 2.
Since that time, the Planning and Zoning Board and Council have approved District No. 2, and
Mr. Hanson s property has been designated as a Performance Land Use area. Mr. Hanson is now
again requesting that his property be rezoned so that he may develop five single-family home
sites zoned R -1X allowing for creation of seaplane bases and a shared taxi way to provide access
to the airstrip. A public hearing has been held, and Staff recommended approval of the rezoning
from GB to R -1X with a planned development overlay and approval of the preliminary plat
according to the following conditions:
1. The preliminary plat is revised so that Lot 6 and Outlot A are combined with the
adjacent Surfside Seaplane base property.
2. Hanger building materials and heights are specified and found to comply with
applicable City requirements.
3. Seaplane hangers not exceed 2,400 square feet in size.
4. No detached accessory building other than the seaplane hangers is allowed.
5. A copy of restrictive covenants to be applied to the proposed residential lots is
submitted for City review and approval. Such covenants must address architectural
requirements for hangers and include a provision that such hangers are to be used solely
for non-commercial airplane (seaplane) and related equipment storage.
6. It is demonstrated to the City that wetland boundaries have been delineated by a
qualified individual and drainage and utility easements are placed along all lot lines and
over all wetland areas subject to review and approval of the City Engineer.
7. Park Dedication requirements are applied as determined by the Park Board.
8. Grading/drainage/utility plans are reviewed and approved by the City Engineer.
9. All conditions of operation as required by the FAA and/or Minnesota Department
of Aeronautics are satisfied.
Council Member Lyden asked if the balance of the property to Lake Drive (presently zoned
General Business) is zoned specific to aircraft. Ms. Wyland explained that the remaining
property is covered under the Performance Land Use category included in the Comprehensive
Plan, which dictates that any business corning into that area would have to demonstrate to the
City s satisfaction that it would blend appropriately with existing businesses.
Council Member Lyden stated that he would like to see the entire area devoted to seaplane use
with a buffer between base and residential area.
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COUNCIL MINUTES AUGUST 25, 1997
Council Member Kuether indicated that Mr. Hanson intends to provide such a buffer.
Mr. Hanson addressed Council, stating that a partial buffer already exists with the balance of the
area protected by dense woods.
Mr. Wessel stated that the Planning and Zoning Board is in favor of the proposed use of this
property, and agreed with Council Member Lyden that expansion of seaplane activity would
have a positive effect on the area. He further stated that commercial expansion could take place
in a number of other areas of the community, and that he feels adoption of the proposed
resolution would be beneficial both from future planning and financial standpoints.
Council Member Bergeson stated that although technically this proposal represents loss of
prospective commercial activity, practically speaking the land would be put to better use as
suggested by this resolution.
Council Member Kuether asked Mr. Wessel if the Comprehensive Plan for this area has been
approved by the Metropolitan Council. Mr. Wessel responded that it has not, and will not be
approved until the entire package is presented for approval.
Mayor Landers expressed concern regarding excess noise from the airplane activity. Mr. Hanson
explained that the seaplanes are moved back and forth to the lake shore by equipment which
sounds much like a street vehicle. He added that although some planes are able to taxi on land,
most operators prefer to use the water for take -off and landing purposes.
Ms. Wyland explained that anyone considering purchase of a home site is made aware of the
existence of the seaplane base, and acceptance of this arrangement constitutes a covenant to
purchase.
Mr. Hanson explained that all plane operators are instructed to use the water for runway
purposes, pointing out that current use has not presented a problem for residents.
Council Member Bergeson, who resides near the subject area, stated that in his opinion noise is
not a problem.
Council Member Kuether asked the value of the proposed residences, and if being a plane owner
was a requirement for incoming residents. Mr. Hanson was not able to provide a figure as to
property value, but confirmed that prospective purchasers must be plane owners.
Council Member Lyden asked that Kim Sullivan be recognized from the audience. Ms. Sullivan
requested clarification as to whether or not approval of this ordinance would result in expansion
of seaplane capacity. Council Member Neal explained that the resolution merely provides for
housing of existing planes.
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Council Member Kuether inquired as to permit requirements. Mr. Hanson explained that the
State of Minnesota requires a license, but that such a license does not include capacity
limitations.
Council Member Lyden moved to approve the rezoning portion of FIRST READING, Ordinance
No. 22 - 97, as presented. Council Member Neal seconded the motion. Motion carried with
Landers voting no.
Council Member Kuether moved to approve the preliminary plat as presented. Council Member
Neal seconded the motion. Motion carried with Landers voting no.
Council Member Lyden expressed appreciation to Mr. Hanson for his patience in working with
the City for over a year on this project.
Council Member Neal commended longtime businessman Mr. Hanson for working to improve
his business.
Consideration of Conditional Use Permit, Ashland Oil, 7611 and 7621 Lake Drive, Motor
Fuel Station/Car Wash, Kathy Hansmann - Ms. Wyland explained that Ms. Hansmann, on
behalf of Ashland Petroleum Company, has requested a conditional use permit to allow the
establishment of a convenience gas station and detached accessory car wash on a 1.7 -acre parcel
of land located north of Lilac Street (T.H. 49) and west of Lake Drive (CSAH 23). This property
is currently zoned GB (General Business), and lies within Planning District 1 (the town Center)
of the Comprehensive Plan.
Ms. Wyland stated that the Planning and Zoning Board held a public hearing on August 20, 1997
to review this proposal, and recommended approval according to the following conditions:
1. All proposed curb cut widths are approved by the City Engineer.
2. The proposed right in/right out turning arrangement is subject to review and
approval by the City Engineer and Anoka County Highway Department.
3. The site plan is revised to illustrate an off-street loading space.
4. The site plan is revised to accommodate proposed "U-turn" maneuvers from the
vacuum cleaner lane to the car wash.
5. The drive-through lane (alongside the menu board) is delineated via striping or
curb island extension.
6. One-way circulation routes are specifically identified on the site via pavement or
other appropriate signage.
7. A curb barrier is provided at the northern edge of the site s easternmost row of
parking.
8. All final design plans are subject to review and approval by the Town Center
Architectural Review Board.
COUNCIL MINUTES AUGUST 25, 1997
9. A detailed landscape plan is submitted which identifies the location, type and size
of all proposed site plantings. Such plan shall be subject to City approval.
10. All trash handling equipment is screened from view of adjacent properties and
public rights-of-way by a fence or wall at least six feet in height with a maximum
opaqueness of 80 percent.
11. A grading and drainage plan is submitted. Such plan shall be subject to review
and approval by the City Engineer.
12. Elevations of the proposed canopy and car wash are submitted and subject to City
review and approval.
13. The site plan is modified to identify exterior lighting locations. All exterior
lighting shall be hooded and directed such that the source of the light is not visible from
any adjacent residential properties or public rights-of-way.
14. All applicable MPCA requirements are satisfied in regard to the bulk storage of
fuel.
15. Detailed sign plans are submitted. All site signage shall comply with applicable
provisions of the City s Sign Ordinance.
Ms. Wyland explained that presently the subject site is bordered by Lake Drive on the east and
Lilac Street on the south. However, the site plan and District 1 concept plan indicate the ultimate
extension of Apollo Drive to the northeast to border the subject site on the north. At such time
when Apollo Drive is extended, the segment of Lilac Street between Apollo Drive and Lake
Drive would be vacated. The site is 1.7 acres in size, exceeding the minimum 20,000 square -foot
lot size requirement imposed in GB zoning districts (for motor fuel stations). Additionally, the
site is approximately 240 feet in width, exceeding the required minimum of 150 feet. Proposed
parking meets the City s minimum requirement, as does the proposed parking lot design. The
following is a list of concerns addressed on a revised site plan:
1. A specific loading space has not been identified upon the site plan. To provide an
assurance that loading activities will not disrupt vehicular circulation, a specific loading
space should be identified.
2. Question exists as to the ability of vehicles to make the necessary "U-turn" from
the vacuum cleaner lane north of the car wash to the car wash entry (on west side).
Generally an outside turning radius of 27 feet is desired for U-turn maneuvers.
According to the submitted plan, an outside turning radius of only 17 feet has been
proposed.
3. A "menu board" is proposed to be located directly west of the site s principal
building. To ensure intended circulation routes, it is recommended that the drive-through
lane (adjacent to the menu board) be specifically delineated via striping or curb island
extension.
4. The subject site includes several "one-way" vehicular routes. To ensure intended
circulation patterns, it is suggested that one-way routes be specifically identified (i.e.,
pavement signs) on the site.
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5. A minor concern exists in regard to curb barrier along the site s easternmost row
of parking. To define intended circulation routes and clearly delineate off-street parking
spaces, it is suggested that a curb barrier be provided at the northern edge of the said
parking row.
Ms. Wyland stated that additional conditions for approval are that the final site plan and building
design be subject to the review of the City s architectural review board, as well as its approval of
proposed landscaping, trash handling, loading, grading and drainage, building height, lighting,
and green area.
Mr. Ahrens explained that about four weeks ago he met with County Engineer John Olson and
Ashland Petroleum Company Engineer David Gibson to discuss options for access to the subject
parcel. Lake Drive is the County s primary concern due to traffic conditions, as is the Apollo
Drive extension. The right in/right out issue remains the primary obstacle to approval of this
project. Mr. Ahrens stated that on the day of this Council meeting he received correspondence
from the County recommending no access off of Lake Drive and will not accept a right in/right
out arrangement. From the southbound ramps to Lilac Street there is 400 feet; from the ramps to
the proposed Apollo Drive location is about 600 feet; a right turn lane is 300 feet for stacking
with an additional taper distance based on the speed limit. Additionally, a short acceleration lane
would be required for vehicles coming off of Apollo Drive and merging with ongoing traffic.
All of this compromises the necessary distance and safety for access to Lake Drive from the
subject site.
Council Member Kuether asked how this proposed project would be effected if the Apollo Drive
extension were not being planned. Mr. Ahrens responded that access would then have to come
from Lilac Street, and the County would have the same response. Mr. Ahrens added that
although the County must not deny access to individual properties, it is interested in protecting
the roadways involved.
Council Member Kuether asked about the timetable for Apollo Drive extension. Mr. Ahrens
indicated that construction should begin next Spring.
Council Member Lyden asked what traffic speed would be required to make the right in/right out
appropriate. Mr. Ahrens responded that speed was not the only issue; distance comes into play,
and there is too great an overall disparity to compromise or accommodate this project.
Council Member Bergeson asked how utility service for the proposed project would be provided.
Mr. Ahrens indicated utility installations at the time of the Apollo Drive extension would service
this location.
Council Member Bergeson asked for clarification of the fast food operation. Ms. Kathy
Hansmann, applicant in this matter, addressed Council, explaining the basis for decisions
regarding such issues as the type of fast food she might incorporate into this facility. She was
not able to provide specific information regarding the fast food facet of the project; however, she
explained that she has a great deal of experience in various fast food entities. Ms. Hansmann
intends to operate the fast food operation personally.
COUNCIL MINUTES AUGUST 25, 1997
Council Member Lyden asked about a possible conflict between the proposed car wash entrance
and the trash containment. Mr. Ahrens stated that infrequent trash pick-up would eliminate any
possible conflict.
Council Member Lyden also asked about the community s options in order to allow for
businesses along a roadway where the speed limit seems prohibitive to safe property entry/exit.
Mr. Wessel pointed out that Ms. Hansmann has worked closely and for some time with Staff to
prepare this proposal. He stated that timing is a major problem for the success of any proposed
project because of the uncertainty of the future status of Lilac Street. Ms. Hansmann must meet
certain obligations which do not permit her to delay her project plans until fruition of the master
plan.
Council Member Kuether asked for Ms. Hansmann s timetable. Ms. Hansmann indicated that
construction should take place by next spring.
Ms. Hansmann stated that she spoke to Mary Alice Devine regarding the City s master plan to
ensure that her project could blend into the overall scheme. She then approached Ms. Wyland
regarding use permits and began researching the necessary steps to facilitate acceptance of the
project. Ms. Hansmann informed Council of all of the background for her project, explaining her
choices and decisions. She presented four plans to the City and County Engineers, and their first
choice was then presented to the Planning and Zoning Board. Ms. Hansmann stated she is
requesting that Council override the County Engineer s access position and allow for her project
to be approved. She pointed out the benefits of the proposed project to the community, and
stated that quality and safety are of primary importance with respect to this project.
Mayor Landers asked Mr. Ahrens to respond to Ms. Hansmann s request. Mr. Ahrens stated that
the County Engineer has closely reviewed Ms. Hansmann s proposal and, due to traffic needs
and safety issues the access proposed in connection with this project are not feasible. Mr. Ahrens
indicated potential for the County to withdraw any participation in the Apollo Drive extension
project should Council override the County s recommendation.
Mayor Landers expressed concern about Lake Drive becoming a four -lane roadway, effectively
eliminating any right in/right out that might be created in the interim. Mr. Ahrens explained that
such right in/right out would then be pushed further west upon reconstruction of Lake Drive.
Council Member Neal asked about the possibility of Lake Drive becoming a divided road. Mr.
Ahrens stated that the City transportation planner has indicated that Lake Drive will have a
center median in the future.
Council Member Kuether asked if right in could come from the north and right out at Apollo
Drive. Mr. Ahrens reiterated that the County does not allow for any access which would create
considerable clutter with traffic making turns.
Mayor Landers corrected Ms. Hansmann with respect to ownership of Apollo Drive, which is
and will remain a County roadway.
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Mayor Landers asked Ms. Wyland for clarification of plans with respect to striping of the
parking lot. Ms. Wyland stated that striping, including handicapped designation, is considered to
be a standard requirement and is not set out as a separate condition for the project.
Council Member Lyden asked Ms. Hansmann if she would be able to go forward with the project
without the right in/right out as requested. Ms. Hansmann responded, probably not.
Council Member Bergeson asked if right in/right out access would be any more acceptable at the
north end of the property. Mr. Ahrens responded no, repeating the County s position of no
acceptable access.
Mayor Landers asked Mr. Ahrens for an approximate figure on the Apollo Drive extension. Mr.
Ahrens stated that the total cost should be between $150,000 and $250,000. The formula is $200
per linear foot with a 300 -foot total roadway.
Council Member Bergeson expressed concern over negotiating such an important and
complicated issue in public session. He suggested that the project be discussed in a work
session.
Council Member Lyden reiterated the City s concern for safety in consideration of the project.
Ms. Hansmann asked if full access off Apollo at the time of its extension would be a
• consideration. Mr. Ahrens agreed that full access would be acceptable at that time.
•
Council Member Neal requested clarification of the Planning and Zoning Board s decision with
respect to this project. Ms. Hansmann explained that the Board had approved a plan, subject to
settlement of the access issue.
Mayor Landers indicated that the project could be tabled until the September 3, 1997 work
session.
Council Member Kuether agreed that this project involves a major decision on the part of the
City Council, and additional discussion is required.
Council Member Kuether moved to table consideration of the conditional use permit requested
by Kathy Hansmann until the September 3, 1997 work session. Council Member Bergeson
seconded the motion. Motion carried with Neal voting no.
Mayor Landers declared a recess at 8:04 P.M. The meeting was reconvened at 8:19 P.M.
Consideration of Variance, John Johnson, 6657 East Shadow Lake Drive - Ms. Wyland
explained that Mr. John Johnson of 6657 East Shadow Lake Drive wants to construct an addition
to his home that would be located 46 feet from the OHW (Ordinary High Watermark) of
Reshanau Lake. His existing home is 60 feet from the OHW. The proposed addition would be
two stories, 14 x 24, with an 8 -foot deck on the second floor. The decking does not require a
variance as it is 8 feet or more above ground. Due to the interior arrangement of this home, the
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proposed construction is the most logical placement for the addition. The City s Shoreland
Management Ordinance requires a setback of 75 feet on a Recreational Development Lake which
is sewered, such as Reshanau Lake. In addition to the variance criteria within our City Zoning
Ordinance, the Shoreland Ordinance asks the following:
1. Is the property used seasonally or year-round.
2. The characteristics of development on adjacent properties.
This site is a year-round residence. The adjacent properties indicate the following:
6649 East Shadow Lake Drive - dwelling located 25 feet from OHW
- decking located 15 feet from OHW
6665 East Shadow Lake Drive - dwelling located 60 feet from OHW
6673 East Shadow Lake Drive - dwelling located 36 feet from OHW
It also appears, from aerial photos, that there are other properties on the lake side of East Shadow
Lake Drive that are located closer than 64 feet or 60 feet to the OHW; however, Staff had not
verified additional properties.
Ms. Wyland stated that she has spoken with Tom Hovey of the Department of Natural Resources
concerning this variance request and he has indicated that the Department has considered the
characteristics of adjacent properties when reviewing similar variance requests. An average of
the setbacks for the dwellings listed above would equal a 40 -foot setback. Mr. Johnson s request
is for a 46 -foot setback.
Variance criteria includes the following:
1. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls. The subject property can be put to a
reasonable use as it currently exists.
2. That the plight of the landowner is due to circumstances unique to his property
not created by the landowner. This subdivision was developed prior to the Shoreland
Ordinance; if developed today the lot depths would be much greater to allow for a 75 -foot
setback from the OHW. The plight was therefore not created by the landowner.
3. That the hardship is not due to economic considerations alone and a reasonable
use for the property exists under the terms of the ordinance. There is no economic
hardship involved.
4. That granting the variance requested will not confer on the applicant any special
priilege that would be denied by this ordinance to other lands, structures, or buildings in
the same district. Other property owners with similar circumstances would be allowed
the same consideration.
5. That the proposed actions will not unreasonably diminish or impair established
property values within the neighborhood. Property value should not diminish and, in
fact, should increase if this addition is allowed.
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6. That the proposed actions will be in keeping with the spirit and intent of the
ordinance. The DNR does allow an exemption when adjoining properties have a lesser
setback.
Ms. Wyland indicated that although Mr. Johnson s construction plans have not been finalized
and minor changes may surface, this request was reviewed by the Planning and Zoning Board at
its August 13, 1997 meeting and the Board recommended approval of the variance to construct
this addition.
Council Member Neal requested clarification of the actual difference between the average
setback and that requested. Ms. Wyland explained that the average is 40 feet, and Mr. Johnson is
requesting 46 feet for his sun room and deck.
Council Member Bergeson stated that the Johnson property is located at a high enough elevation
to dispense with any concern about construction adequately elevated above the water.
Ms. Wyland added that neighboring property owners have submitted correspondence indicating
their approval of the proposed addition.
Council Member Kuether moved that the variance for the John Johnson property, 6657 East
Shadow Lake Drive, be approved. Council Member Neal seconded the motion. Motion carried
unanimously.
Consideration of Variance and Site Plan Review, Lino Elementary School, 725 Main
Street - Ms. Wyland explained that Independent School District 831 is requesting a site plan
review and variance to allow for the construction of a larger parking area and bus lane at the Lino
Elementary School, 725 Main Street. The existing parking lot in front of the building can handle
approximately 31 cars with spaces for 29 provided on the north/east side of the building. A
parking area and bus lane is being requested that could accommodate between 135 and 145 cars
set back 10 feet from the front property line and increasing the parking on the north/east side of
the building by 10 spaces. The Zoning Ordinance requires a setback of 15 feet which would
allow for only 117 to 127 cars in this expanded space, according to the School District s
architect. The City s current parking requirements call for a minimum of 201 spaces for a facility
of this size.
Ms. Wyland pointed out that, when considering this variance request, the variance criteria
presented in the immediately preceding item must be considered. Although it is obvious the
school needs additional parking, this criteria must be met in order to justify a variance. Ms.
Wyland stated that Staff recommended approval of the site plan review to allow expansion of the
parking lot and bus lane. Additionally, she indicated that the site plan should be revised to allow
for a larger parking area on the north/east corner of the property. With this area for expansion,
Ms. Wyland indicated Staff did not believe a hardship exists to justify the granting of a variance.
Also, with the level of traffic on Main Street, Staff believes a 15 -foot setback is minimal. The
following conditions should be incorporated into the site plan review:
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COUNCIL MINUTES AUGUST 25, 1997
1. Proper building permits be obtained prior to any construction.
2. The parking area be expanded on the north/east corner of the site to provide
additional spaces.
3. An access permit be obtained from Anoka County prior to any construction.
4. All parking areas shall be provided with a bituminous surface, concrete curb and
gutter and striped to delineate parking spaces.
5. Handicapped parking shall be provided according to the ADA Rules and
Regulations.
Ms. Wyland added that the Planning and Zoning Board recommended approval of this variance
and site plan review at its August 13, 1997 meeting.
Council Member Kuether agrees that the school is in need of the proposed additional parking.
Council Member Lyden requested clarification of the possibility of parking on the west side,
eliminating the need for a variance. Ms. Wyland explained that the school has recently expended
a considerable amount of money to move recreational areas, which would interfere with parking
on the west side.
Council Member Neal asked if there are plans to remodel this facility. Ms. Wyland is not aware
of plans at this time.
Mr. Wessel indicated that funds are not available at this time for remodeling.
Ms. Wyland pointed out that a recent Forest Lake area bond issue which failed by overall vote
but was strongly supported by the Lino Elementary area residents.
Council Member Lyden asked if there are any safety issues connected with the proposed parking,
and if there is room for snow removal. Ms. Wyland responded there are no safety concerns, and
that there will be ample room for snow removal.
Council Member Kuether moved to approve the variance and site plan review for Lino
Elementary School, 725 Main Street. Council Member Neal seconded the motion. Motion
carried unanimously.
Consideration of Site Plan Review for Storage Building, City of Lino Lakes, 1189 Main
Street - Ms. Wyland explained that the City of Lino Lakes Public Works Department wants to
construct a 4,800 -square -foot accessory building for the storage of equipment. The building will
be located within the City s existing storage yard at 1189 Main Street, which is currently zoned
Rural. Government buildings are listed as a permitted use in the Rural Zoning District. There
has been some discussion concerning a new City Hall, and Staff represented that should a new
City Hall be constructed the Public Works Department would remain in its present location at
1 189 Main Street.
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SITE PLAN REVIEW
SETBACKS: The building is proposed to be constructed within the existing fenced -in
equipment storage area approximately 40 feet from the existing storage building.
BUILDING EXTERIOR: The building construction will be wood frame with a maintenance -
free exterior and asphalt shingles. The exact color has not yet been determined but will blend
with the existing buildings on the site.
BUILDING HEIGHT: The maximum height allowed in the Rural Zoning District is 35 feet.
The proposed structure will be within that requirement.
GREEN AREA: A minimum green area of 35% is required in a PSP Zoning District and is not
referenced in the Rural District. Due to the adjacent City Park and numerous green space
surrounding the site, this item is not an issue.
OFF-STREET PARKING: Parking for this building is not relevant, as it is an accessory building
for storage purposes only.
CIRCULATION AND ACCESS: Access to the building will be provided through the fenced -in
storage yard.
LANDSCAPING: No additional landscaping is being required.
LIGHTING: Wall pack lighting units will be provided on either end of the building.
LOADING AND TRASH HANDLING: Not applicable.
SIGNS: Not applicable.
UTILITIES, DRAINAGE AND GRADING: No utilities are planned for the building. Drainage
and site grading will be subject to review and approval by the City Engineer.
ROOF TOP HEATINGNENTILATING UNITS: Not applicable.
In summary, Staff would recommend approval of this site plan review with the following
conditions.
1. Proper building permits be obtained prior to any construction on the site and the
building be constructed according to State UBC requirements.
2. The City Engineer shall review and approve the grading, utility and drainage
plans.
3. Permits shall be obtained from the RCWD for grading, if required.
4. A lighting plan shall be reviewed and approved by the CPTED Officer if
additional lighting is to be installed.
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COUNCIL MINUTES AUGUST 25, 1997
Ms. Wyland stated that the Planning and Zoning Board recommended approval of this project at
its August 13, 1997 meeting, pursuant to the conditions outlined above.
Council Member Lyden moved to approve the site plan review for a storage building for the
City of Lino Lakes, 1189 Main Street. Council Member Neal seconded the motion.
Council Member Lyden asked if the building would have a door on both ends. Ms. Wyland
responded yes.
Council Member Kuether asked what type of equipment would be stored in the building. Ms.
Wyland responded maintenance vehicles would be stored there.
Motion carried unanimously.
Consideration of SECOND READING, Ordinance No. 20 - 97, Rezone 250 Linda Avenue
(4/5ths Vote) - Ms. Wyland reviewed Council s approval of the rezoning of 250 Linda Avenue
from Rural to R-1 Single Family Residential at its July 28, 1997 meeting. At that time Council
also approved a minor subdivision and allocation of Interim MUSA Reserve for this property.
Staff recommended approval of this second reading of Ordinance No. 20 - 97.
Council Member Bergeson moved to approve SECOND READING, Ordinance No. 20 - 97, as
presented. Council Member Kuether seconded the motion. Motion carried unanimously.
Ordinance No. 20 - 97 can be found at the end of these minutes.
Consideration of Pheasant Hills Preserve 8th Addition, MUSA Allocation (16.7 Net Acres),
(4/5ths Vote), Brian Wessel - Mr. Wessel provided the following background information for
this matter: The Metropolitan Council has revised its interim MUSA allocation for the City of
Lino Lakes. The way in which net MUSA acreage is calculated has been changed resulting in a
reduction of available net acreage. The original MUSA allocation restricted to Sewer Districts 1,
4S and 6 has now been expanded to include Sewer District No. 2. Since the 150 acres interim
MUSA allocation has to accommodate our residential and commercial/industrial development
until the revised Comprehensive Plan is in place, the City has to allocate MUSA very carefully.
The Comprehensive Plan is not projected to be approved before the end of 1998. Consequently,
the City is requesting concrete evidence of a developer s commitment and capacity to proceed in
a timely manner. A total of 96.74 net acres are available for allocation, since 53.26 net acres
have been assigned. When making MUSA recommendations to Council, Staff has been utilizing
the interim MUSA reserve criteria.
The Pheasant Hills Preserve Plat was approved by the City in August of 1990. At that time,
MUSA was available for the entire development except the northwest portion of the site, which
was supposed to be the last phase. The phasing schedule has since changed and Mr. Vaughan
received 9.44 net acres of Interim MUSA Reserve in July of 1996 for a portion of Phase 7, which
was located in the northwest portion of the plat. Mr. Vaughan would now like to complete the
entire phase (now known as Phase 8) and needs an additional 16.7 net acres of Interim MUSA
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Reserve (25 gross acres). 80.04 net acres of Interim MUSA Reserve would remain available for
future allocation.
Application of Interim MUSA Reserve is subject to the following criteria:
1. An application of MUSA Reserve shall be considered at the time of Preliminary
Plat approval and allocated at the time of Final Plat following a completion of a
development agreement and posting of financial guarantees. This plat was given
preliminary approval in 1990 and all but the northwest portion of the site had MUSA at
that time. While all the final plat documentation is not in place, Staff believes there
exists sufficient evidence of progress representing the developer s commitment to
proceed with the 8th Addition.
2. The property in question shall be zoned R-1 or R -1X or a rezoning application be
in process in conjunction with the preliminary plat. This property is currently zoned R-
1 X.
3. The property in question must be immediately adjacent to existing MUSA. The
property is adjacent to Pheasant Hills No. 7 which is within the MUSA.
4. MUSA Reserve shall be allocated to net buildable acres. Mr. Vaughan is
requesting 16.7 net acres of Interim MUSA (25.0 gross acres).
5. Development of the property must be considered a natural utility extension. This
will be a natural extension of existing utilities.
6. Development of the property must be considered a natural extension of existing
roadways. This development is a natural extension of the originally approved
preliminary plat
7. Development of the property shall not adversely effect the health, welfare, and
general safety of the community. When this preliminary plat was originally approved it
was found to be acceptable to the community.
8. Development of the property shall be environmentally compatible with the
surrounding area. This development is compatible with the surrounding plat
9. Development of the property shall be consistent with the City s Comprehensive
Park Plan. This development is consistent with the City s Park Plan and has provided a
neighborhood park and several connecting trail segments to the park system.
10. MUSA Reserve shall be allocated only to properties located within Sewer District
1, 2, 4S and 6. This property is locates within Sewer District 4S.
11. Development of the property shall be consistent with the City s Comprehensive
Sewer and Water Plan. The development is consistent with these plans.
12. The developer shall demonstrate a commitment to the community. The developer
has worked within the community since 1990 when the plat was originally approved.
Park land and trails have been provided along with a very aggressive tree preservation
program. Pheasant Hills is a highly regarded subdivision within the community.
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COUNCIL MINUTES AUGUST 25, 1997
13. The proposed development shall comply with the City s Infill Policy as outlined
by Resolution No. 92 - 85. The 8th Addition phase does comply with the City s Infill
Policy.
14. Roadways serving the proposed development shall be determined adequate to
handle the additional traffic generated by the proposed development or a financial
commitment shall be made by the developer to upgrade said roadway(s). The
development roadways are adequate to serve the 8th Addition.
Mr. Wessel stated that Staff recommended approval of the allocation of 16.7 net acres (25.0
gross acres) of Interim MUSA Reserve to Pheasant Hills No. 8 as it meets the criteria established
by Council for the allocation of the Interim MUSA Reserve.
Mr. Vaughan pointed out and described the precise location of Pheasant Hills Addition 8. He
described the average home value for this Addition as being between $350,000 and $400,000.
Mr. Vaughan stressed the ultimate future value of this Addition to the community.
Council Member Neal asked about access to Addition 8. Mr. Vaughan explained that access
would be through Timberwolf Trail.
Council Member Bergeson moved to approve Pheasant Hills Preserve 8th Addition MUSA
Allocation (16.7 net acres). Council Member Neal seconded the motion.
Council Member Bergeson pointed out that this is part of an overall plan approved some time
ago, and that it is appropriate to follow through with approval of this request.
Mayor Landers pointed out the importance of this Addition being an Infill project.
Council Member Kuether asked if all documentation has been received from the developer. Mr.
Wessel indicated that not all of the documentation is complete, but that Mr. Vaughan has
provided an up-to-date status report.
Council Member Kuether suggested that a contingency should be added with respect to
allocation of MUSA at the time documentation is complete.
Mr. Ahrens agreed that the contingency condition would be appropriate.
Council Member Bergeson asked about retrieval of designated MUSA Reserve. Attorney
Hawkins explained that the process would be no more difficult than rezoning.
Council Member Bergeson amended the motion to approve the Pheasant Hills Preserve 8th
Addition MUSA Allocation (16.7 Net Acres), subject to conditions outlined, and contingent
upon submission of complete documentation from the developer. Council Member Neal
seconded the motion.
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COUNCIL MINUTES AUGUST 25, 1997
Council Member Lyden asked that policies and procedures regarding granting of MUSA Reserve
be reviewed at the next Council work session.
Motion carried with Council Member Lyden voting no.
COMMUNITY DEVELOPMENT DEPARTMENT, BRIAN WESSEL
Consideration of Resolution No. 97 - 95 Calling for a Public Hearing on the Adoption of a
Modified Program for Development District No. 1 and Plans for TIF District Nos. 1-1 and
1-2 - Mr. Wessel explained that immediately prior to this evening s Council meeting the
Economic Development Authority authorized the preparation of a modified program for
Development District No. 1 and the plans for Tax Increment Financing District Nos. 1-1 and 1-2
to allow for expenditures for public improvements within The Village. Once Council sets the
hearing date, the modified plans will be sent to School District No. 12 and Anoka County for
review and comment.
Staff recommended approval of Resolution No. 97 - 95.
Council Member Lyden moved to adopt Resolution No. 97 - 95, as presented. Council Member
Neal seconded the motion. Motion carried unanimously.
Resolution No. 97 - 95 can be found at the end of these minutes.
Consideration of Resolution No. 97 - 96 Calling for a Public Hearing on the Adoption of a
Modified Plan for Tax Increment Financing District No. 1-7, Apollo Business Park - Mr.
Wessel explained that immediately prior to this evening s Council meeting the Economic
Development Authority authorized the preparation of a modified Plan for Tax Increment
Financing District No. 1-7 to provide financial assistance to Rice Industries to build a facility in
the Apollo Business park. Once Council sets the hearing date, the modified plans will be sent to
School District No. 12 and Anoka County for review and comment.
Staff recommended approval of Resolution No. 97 - 96.
Council Member Kuether moved to adopt Resolution No. 97 - 96, as presented. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 97 - 96 can be found at the end of these minutes.
Consideration of FIRST READING, Ordinance No. 23 - 97 Offering Sale of Property in
The Apollo Business Park to Rice Industries, Inc. - Mr. Wessel explained that this is the first
reading required for the sale of property in the City -owned portion of the Apollo Business park to
Rice Industries. This company plans to purchase the last parcel of 1.90 acres. They plan to build
approximately 10,000 square feet of office/distribution space on the property, with eventual
expansion to 20,000 square feet. This completes the sale of City -owned land in the Apollo
Business Park.
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COUNCIL MINUTES AUGUST 25, 1997
Mr. Wessel indicated that Staff is very pleased with the way in which this project has progressed
thus far.
Staff recommended approval of FIRST READING, Ordinance No. 23 - 97.
Council Member Kuether moved to approve FIRST READING of Ordinance No. 23 - 97, as
presented. Council Member Neal seconded the motion. Motion carried unanimously.
Consideration of FIRST READING, Ordinance No. 24 - 97 Offering the Sale of Property in
"The Village" to Lino Lakes Banc Shares, Inc., and
Consideration of approval of the purchase agreement between the City of Lino Lakes and
Lino Lakes Banc Shares, Inc. - Mr. Wessel presented the following background with respect to
these items: Over the past months numerous banks have shown an interest in developing a bank
in The Village. A list of criteria was developed approximately 9 months ago to determine the
best fit for Lino Lakes at this time. These included:
1. A full-service community bank
2. Local ownership
3. Community participation
4. Financial backing
5. Additional services
6. Professional design/build team
7. Compatibility with Village guidelines
8. Schedule
John Milbauer has demonstrated success as a bank president and an officer of a bank holding
company. He recently served as president of County Bank in Forest Lake, and before that as vice
president of BankMidwest Corporation in St. Paul. Mr. Milbauer has applied for a charter with
the State of Minnesota to establish a new community bank in The Village. After Staff review of
prospective bank proposals, it was determined that Mr. Milbauer best fit the qualifying criteria.
Mr. Milbauer has agreed to purchase one acre of land adjacent to Fairview Clinic in The Village.
The terms of the agreement call for Lino Lakes Banc Shares, Inc. to purchase Lot 2, Block 1 in
The Village for $5 per square foot, or a total of $217,800, plus special assessments of
$32,103.63, for the construction of a commercial bank building. This agreement is contingent
upon approval of a bank charter from the State of Minnesota.
Mr. Wessel further explained that this first reading of Ordinance No. 24 - 97 offering the sale of
property in "The Village" to Lino Lakes Banc Shares, Inc. is required for the sale of property.
Council Member Bergeson asked Mr. Milbauer to describe in a general manner the nature of the
investors for his proposed project. Mr. Milbauer explained that the investors will be a diversified
group of community residents and business owners.
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Council Member Bergeson asked Mr. Milbauer to describe the proposed services to be offered by
the bank. Mr. Milbauer indicated that his will be a full-service bank with personal customer
attention. It will offer all checking, saving and certificate of deposit products available, as well
as a variety of loan services. There will be a drive -up window service, an ATM, a mortgage
service company, an investment service company, as well as computer services.
Council Member Kuether asked what the proposed bank hours of operation would be. Mr.
Milbauer stated that he intends to have the bank open for 12 to 13 hours per day, probably from
7:00 A.M. to 6:00 P.M. as well as Saturday lobby and drive -up hours.
Council Member Lyden requested a description of the "organizer group". Mr. Milbauer
explained that there are presently 8 organizers who have committed to approximately 50% of the
total capitalization for this project.
Council Member Lyden asked Mr. Milbauer to expand on reference to several of the organizers
as being Lino Lakes business owners. Mr. Milbauer indicated his preference that the individual
names remain confidential for the time being, adding that additional potential investors are being
considered and that a stock offering circular will be forthcoming.
Council Member Lyden expressed concern of a possible conflict of interest between the City and
potential investors. Mr. Wessel explained that additional review of the entire proposal would be
appropriate as the process moves along, and that to delay acquisition of the land would present
considerable problems for Mr. Milbauer.
Council Member Bergeson stated that it is important that Lino Lakes have local owners for the
proposed bank. He added that strict banking regulations prohibit investors from functioning as
operators of the bank.
Council Member Kuether said that she sees no reason to treat Mr. Milbauer any differently from
any other business seeking to locate in Lino Lakes in terms of asking the identity of its investors.
She added that a conflict of interest will surface if one exists.
Mayor Landers expressed agreement with Council Member Kuether s statement. He expressed
confidence in the Staff s ability to properly evaluate each newcomer to the community.
Council Member Bergeson asked what the maximum loan amount would be. Mr. Milbauer
stated that the legal lending limit for the bank is $600,000, but that through overlines additional
credit could be provided.
Council Member Bergeson asked if the sale of the subject property would represent an additional
pay-off on the Rehbein land contract. Mr. Wessel responded that it would.
• Council Member Bergeson asked about access to the property. Mr. Wessel explained that access
would be a shared entrance off of Village Drive in order to avoid interruption of the parkway.
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COUNCIL MINUTES AUGUST 25, 1997
Council Member Lyden requested recognition of Elise Tagg, who asked about reference to the
bank operating from a temporary building. Mr. Wessel explained that, as is commonly done, a
modular unit would be installed across the street from the permanent bank to be occupied by
December of 1997. He added that the permanent location should be available for development
by Spring of 1998.
Council Member Lyden asked what the City was offering in the way of incentives. Mr. Wessel
indicated that no incentives are offered; on the contrary, Mr. Milbauer is agreeable to all of the
City s initial conditions and criteria.
Council Member Bergeson expressed concern over adequate safe deposit box storage. Mr.
Milbauer stated that he intends to provide sufficient safe deposit box storage to meet the
community s needs.
Council Member Kuether moved to approve FIRST READING, Ordinance No. 24 - 97, as
presented. Council Member Bergeson seconded the motion. Motion carried. Council Member
Neal was absent.
Council Member Kuether moved to approve the purchase agreement between the City of Lino
Lakes and Lino Lakes Banc Shares, Inc. Council Member Bergeson seconded the motion.
Motion carried. Council Member Neal was absent.
CITY ENGINEER S REPORT., DAVID AHRENS
Consideration of Resolution No. 97 - 97, Accept Bids and Award Construction Contract,
1997 Wear Course and Trail Paving - Mr. Ahrens stated that on July 28, 1997, Council
approved plans and specifications for the placement of asphalt wear course on various streets in
the City. Also, plans and specifications for trail paving were approved by Council. Pursuant to
advertisement for bids the City opened four bids on Thursday, August 21, 1997, represented
below:
Company
Expert Asphalt, Inc.
Midwest Asphalt, Inc.
Ashbach Construction, Inc.
Barber Construction, Inc.
Engineer s estimate
Bid Amount
$185,665.25
$218,908.05
$221,863.60
$280,854.00
$178,293.00
Expert Asphalt, Inc., who submitted the lowest bid, is a reputable contractor capable of
performing the necessary work. The low bid amount is 4% higher than the Engineer s estimate.
This could be a result of the timing of the bid request.
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Funding for the wear course will be provided by the respective subdivision developers, and the
trail paving will be funded by Community Development Block Grant funds and Dedicated Park
Funds.
Mr. Ahrens stated that Staff recommended adoption of Resolution No. 97 - 97.
Council Member Lyden moved to adopt Resolution No. 97 - 97, as presented. Council Member
Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 97 - 97 can be found at the end of these minutes.
Consideration of Resolution No. 97 - 98, Order Improvement and Preparation of Plans and
Specifications, Ware Road Reconstruction Project - Mr. Ahrens explained that this project
began in March of 1997 when a feasibility report was ordered by Council. The report was
prepared by OSM and received by Council on May 12, 1997. A public hearing was held on June
23, 1997, for the proposed improvements.
Mr. Ahrens added that the road surface of Ware Road is in need of major repair. Utilities on
Ware Road should be extended from Coyote Trail south to Ash Street concurrently with the
street reconstruction. Currently there is no sanitary sewer or water main in this location.
Residents in this area are currently using private wells and septic systems. Since the close of the
public hearing on June 23, 1997, City Staff has received petitions from residents of Ware Road
against the street utility assessments.
Ware Road requires ongoing City maintenance, and does not meet the current City standards of
municipal State Aid standards for existing or anticipated traffic. A combination bicycle and
pedestrian trail is also proposed along the east side of Ware Road which would accommodate all
pedestrian and bicycle traffic currently using the existing street.
Mr. Ahrens stated that the proposed project will replace the existing rural street with an urban
section utilizing curb and gutter. The roadside swale will be regraded to improve lot drainage.
Two ponds will be required to handle roadway runoff, and are proposed to be located along
existing County ditches although they will require easements. At the time the street is being
replaced, the project will extend the utilities from Coyote Trail south to Ash Street. Currently
the MUSA boundary is not extended along that section of Ware Road; but it is anticipated that
the boundary will be extended to include this area in the near future. The design life of the road
is estimated at 25 to 50 years. Placing utilities at the time of street construction will minimize
the need to disturb the street surface for subsequent utility installation.
Mr. Ahrens stated that the total estimated construction cost is $1,341,000. With the cost of
permanent easements plus 10% contingency, the total project cost comes to $1.925,000. The
cost of this project must be borne by City, State Aid and developer funds in the absence of
residents consent to assessment.
• Staff recommended adoption of Resolution No. 97 - 98.
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COUNCIL MINUTES AUGUST 25, 1997
Council Member Neal asked for further clarification of how the project will be funded. Mr.
Ahrens responded that the funding will consist of City funds for utility work, and the balance
from State Aid plus $98,000 from the Miller South Glen project developer.
Council Member Neal requested information regarding the proposed schedule for actual project
construction. Mr. Ahrens responded that construction would not begin until May of 1998.
Council Member Lyden asked for clarification regarding the proposed trail. Mr. Ahrens
responded that the proposed location of the trail is on the east side of the roadway, pursuant to
the wishes of the residents.
Council Member Bergeson asked about the existing portion of trail on the west side. Mr. Ahrens
indicated that it will be abandoned with the entire trail on the east side.
Council Member Bergeson asked how much money presently comprises the State Aid fund. Mr.
Ahrens stated that the fund consists of $790,000, and that next year s allotment of from $350,000
to $400,000 can also be used.
Council Member Lyden moved to adopt Resolution No. 97 - 98, as presented. Council Member
Neal seconded the motion. Motion carried unanimously.
Resolution No. 97 - 98 can be found at the end of these minutes.
Mr. Ahrens expressed his appreciation for Council s cooperation and is causing this project to go
forward.
Consideration of Resolution No. 97 - 99, Approve Plans and Specifications and Order
Advertisement for Bids, Lilac Street Utility Extension - Mr. Ahrens explained that on July 28,
1997 Council ordered the preparations of plans and specifications to install sanitary sewer and
water main along Lilac Street from Fourth Avenue to Apollo Drive. These plans and
specifications are complete, and Staff is asking the Council to approve the plans so that bids can
be solicited.
Mr. Ahrens stated that the bid opening is scheduled for Friday, September 19, 1997, and it is
expected that Staff will request Council to consider awarding a contract at the Monday,
September 22, 1997 Council Meeting. If the contract is awarded, work will begin in late
September and will be completed by the end of October.
Staff recommended that Resolution No. 97 - 99 be adopted.
Council Member Bergeson asked how far the proposed extension will go. Mr. Ahrens explained
that the water main extension will go along the south side of Lilac from Fourth Avenue to
Apollo, creating a loop. Sanitary sewer terminates just short of Apollo.
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COUNCIL MINUTES AUGUST 25, 1997
Council Member Bergeson asked if utilities for the proposed Apollo Drive extension would be
added, or if they would extend from Apollo. Mr. Ahrens responded that they would extend from
the Apollo trunk utilities, separate from the subject project.
Council Member Lyden moved to deny Resolution No. 97 - 99. Motion failed in the absence of
a second.
Council Member Bergeson moved to adopt Resolution No. 97 - 99, as presented. Council
Member Neal seconded the motion. Motion carried with Council Member Lyden voting no and
Council Member Kuether abstaining.
Resolution No. 97 - 99 can be found at the end of these minutes.
Consideration of Hiring General Maintenance Worker - Mr. Ahrens stated that the Streets
Division of the Public Works Department recently advertised for a General Maintenance Worker.
Upon reviewing the applications, finalists were interviewed and one selected as the top
candidate. Staff is requesting Council s approval of an offer the position to the top candidate,
conditioned upon the candidate passing the drug and alcohol test and having a good driving
record.
Mr. Ahrens explained that the Public Works Department has been understaffed all summer, and
this request is to replace an employee who left the Streets Department in the Spring.
Council Member Neal expressed concern that the probation period for such positions is not
sufficient. Mr. Tesch indicated that, should conclusive determination not be made as to a
probationary employee s appropriateness for a position within six months, that period could then
be extended.
Council Member Kuether mentioned the possibility of union regulations coming into play.
Mr. Tesch requested that a physical examination be added as a condition of employment.
Council Member Lyden moved to approve hiring a general maintenance worker conditional upon
the candidate passing the drug and alcohol test, having a physical examination, and having a
good driving record. Council Member Kuether seconded the motion. Motion carried
unanimously.
Consideration of Resolutions Declaring Costs to be Assessed and Order Preparation of
Proposed Assessment - Mr. Ahrens explained that eight projects have progressed to the point
where assessment rolls can be prepared. Costs for each improvement project have been
calculated by the City Engineer and consulting engineers. Resolutions have been prepared
ordering the preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter
require a formal resolution ordering preparation of an assessment roll for each improvement
project, as follows:
Resolution No. 97 - 100
Behm s Century Farms, 2nd Addition - $127,564.00 (assessed)
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COUNCIL MINUTES AUGUST 25, 1997
Resolution No. 97 - 101
Clearwater Creek, Phase 2 - $320,687.00 (assessed)
Resolution No. 97 - 102
Pheasant Hills, 7th Addition - $345,986.31 (assessed)
Resolution No. 97 - 103
Twin City Townhomes - $74,648.25 (assessed)
Resolution No. 97 - 104
35W/TH 49 Interchange Commercial Development Area Trunk Utilities - $119,988.70 (city);
$734,376.11 (assessed)
Resolution No. 97 - 105
Centennial Middle School Street and Utility Improvements and Elm Street Signal System -
$581,461.73 (city); $1,275,502.88 (assessed)
Resolution No. 97 - 106
Clearwater Creek Trunk Utilities - $961,866.00 (city); $972,838.00 (assessed)
Resolution No. 97 - 107
Baldwin Lake Court - $74,071.35 (assessed)
Council Member Bergeson inquired as to when the street light at Elm Street and Lake Drive
would become operational. Mr. Ahrens responded it should be activated immediately.
Council Member Kuether moved to adopt Resolution No. 97 - 100, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 97 - 100 can be found at the end of these minutes.
Council Member Bergeson moved to adopt Resolution No. 97 - 101, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 97 - 101 can be found at the end of these minutes.
Council Member Bergeson moved to adopt Resolution No. 97 - 102, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 97 - 102 can be found at the end of these minutes.
Council Member Kuether moved to adopt Resolution No. 97 - 103, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 97 - 103 can be found at the end of these minutes.
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COUNCIL MINUTES AUGUST 25, 1997
• Council Member Kuether moved to adopt Resolution No. 97 - 104, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
•
Resolution No. 97 - 104 can be found at the end of these minutes.
Council Member Bergeson moved to adopt Resolution No. 97 - 105, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 97 - 105 can be found at the end of these minutes.
Council Member Kuether moved to adopt Resolution No. 97 - 106, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 97 - 106 can be found at the end of these minutes.
Council Member Lyden moved to adopt Resolution No. 97 - 107, as presented. Council Member
Bergeson seconded the motion. Motion carried unanimously.
Resolution No. 97 - 107 can be found at the end of these minutes.
Consideration of Resolutions Setting Public Assessment Hearings - Mr. Ahrens stated that
the proposed date for these hearings is October 13, 1997.
Council Member Kuether moved to adopt Resolution Nos. 97 - 108 through 97 - 115, as
presented. Council Member Neal seconded the motion. Motion carried unanimously.
Resolutions 97 - 108 through 97 - 115 can be found at the end of these minutes.
OLD BUSINESS
Comprehensive Plan Neighborhood Meetings, Thursday, September 4, 1997 and Thursday,
September 11, 1997 - Mr. Wessel stressed the importance of these meetings where information
compiled from ongoing sessions with respect to the Comprehensive Plan will be reviewed. The
time for both of these meetings will be 6:00 P.M.
Council Member Neal commented on the safety of the Elm Street trails. Mr. Ahrens explained
that there is limited right of way on the side of the street where the trail will be located. The
opposite side of the street contains too many obstacles for construction of the trail.
Council Member Lyden reminded Council that he previously advocated to have the trail placed
on Second Avenue.
• Council Member Kuether acknowledged that there is no ideal way to deal with this matter due to
the layout of the land and location of the Centennial School.
27
COUNCIL MINUTES AUGUST 25, 1997
City Council Work Shop, September 29, 1997 with Don Salverda - Mayor Landers reminded
Council of this upcoming meeting.
Council Member Lyden suggested that the scheduling of this meeting might be too close to
election to consider the long-term financial commitments which will be discussed at the Work
Shop.
Mayor Landers expressed disagreement.
NEW BUSINESS
Consideration of Block Party Application, Wildflower & Caribou. Circle, Saturday,
September 6, 1997, 5:00 P.M. to 10:00 P.M., Marilyn Anderson - Ms. Anderson explained
that she received an application for the above described block party. This area is a cul-de-sac,
and has held such events for a number of years. Ms. Anderson stated that she is currently
verifying the signatures on the petition submitted with the application. Both the Police
Department and the Public Works Department have been advised of this request and will provide
their comments.
Ms. Anderson requested that Council approve this application for a block party contingent upon
favorable remarks from the Police Department and the Public Works Department.
Council Member Neal moved to approve the Wildflower & Caribou Circle Block Party
Application contingent upon favorable remarks from the Police Department and Public Works
Department. Council member Lyden seconded the motion. Motion carried unanimously.
Consideration of Block Party Application, Prairie Flower Road Cul -De -Sac, Sunday,
September 7, 1997, 4:00 P.M. to 7:00 P.M., Marilyn Anderson - Ms. Anderson explained that
she received an application for the above described block party. This area is a cul-de-sac. Ms.
Anderson stated that she has verified the names and addresses which appear on the petition
accompanying the application, and has determined that all property owners in the cul-de-sac as
well as many along Prairie Flower Road have signed the petition. Both the Police Department
and the Public Works Department have been advised of this request and will provide comments.
The Public Works Superintendent has always noted that he is apprehensive of any "people" type
use of roadways because of the liability factor.
Ms. Anderson recommended that Council approve this block party contingent upon a favorable
report from both the Police Department and Public Works Department.
Council Member Lyden moved to approve the Prairie Flower Road Cul -De -Sac Block Party
Application contingent upon a favorable report from the Police Department and Public Works
Department. Council Member Neal seconded the motion. Motion carried unanimously.
Consideration of Beer License, Cabaret License and Special Event Permit, Sandbur Days,
Circle Pines -Lexington Lions Club - Ms. Anderson explained that she received a Special Event
78
•
•
•
•
COUNCIL MINUTES AUGUST 25, 1997
Permit Application, Beer License and Cabaret License application for Sandbur Days scheduled
for September 5, 6 and 7, 1997. the Cabaret License Application is complete and the fee has
been paid. The Beer License application is complete and the fee has been paid. Ms. Anderson
stated that she has also received a certificate of insurance for the event which has been reviewed
by Staff and found to be complete. Additionally, a $500 deposit has been received as required by
the City Code.
Ms. Anderson stated that all departments are required to review the event application. She added
that the review has been completed and all departments have signed the application accordingly.
Ms. Anderson recommended approval of this Special Event Application, Cabaret License and
Beer License.
Council Member Neal requested verification that the beer to be purchased under the requested
Beer License would be at wholesale cost. Ms. Anderson was unable to confirm Council Member
Neal s request. Attorney Hawkins indicated that Council s approval would be contingent upon
the group complying with all applicable laws.
Council Member Lyden moved to approve the Beer License, Cabaret license and Special Event
Permit for Sandbur Days, Circle Pines -Lexington Lions Club. Council Member Neal seconded
the motion. Motion carried unanimously.
City Election Information - Ms. Anderson stated that on Tuesday, November 4, 1997 a City
election is scheduled to take place. Two Council and the mayoral position will appear on the
ballot at that time. Affidavits of candidacy will be accepted starting August 26 and ending
September 9. Ms. Anderson said she is providing this information tonight so that it may be
broadcasted on cable television.
Mayor Landers announced a Budget Work Session for Tuesday, September 2, 1997, 4:00
P.M.
Consideration of Minutes, August 11, 1997
Mayor Landers expressed concern with respect to acceptance of the August 11, 1997 Council
minutes. Mayor Landers suggested that Council Member Lyden should change his vote with
respect to requesting permission from the Minnesota Historical Society to dispose of certain
records as recommended by Attorney Goering from "no" to "abstain".
Attorney Hawkins indicated that it would be appropriate for Council Member Lyden to vote as
he did.
Mayor Landers asked that the approval of the August 11, 1997 minutes be tabled until the next
Council meeting.
29
COUNCIL MINUTES AUGUST 25, 1997
Mayor Landers moved that the August 11, 1997 minutes be tabled until the September 8, 1997
City Council meeting. Council Member Kuether seconded the motion. Motion carried with
Council Member Lyden voting no.
ADJOURN
Council Member Kuether moved to adjourn at 10:07 P.M. Council Member Neal seconded the
motion. Motion carried unanimously.
These minutes were considered, corrected, and approved at the regular Council Meeting,
September 8, 1997.
7-1 J.,./.._,,,' ____
M i1 Y n G derson Clerk -Treasurer
Transcribed by:
Judy Pope
TimeSaver Off Site Secretarial
30
L. Landers, Mayor
• Council Member Bergeson
adoption: introduced the following ordinance and moved its
•
•
CITY OF LINO LAKES
COUNTY OF ANOKA
ORDINANCE NO. 20-97
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM RURAL TO R-
1, SINGLE FAMILY RESIDENTIAL AT 250 LINDA AVENUE
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
I
The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by
the City Council on July 14, 1997 is hereby amended by rezoning from Rural to R-1
Single Family Residential pursuant to the provisions of the Zoning Ordinance of the City
of Lino Lakes, the following described real estate:
Lots 3 and 4, Block 2, Arthur E. Thom Acres, except the east 290 feet thereof,
subject to easements of record and known as 250 Linda Avenue
11
As above amended, said Zoning Ordinance shall stand as initially passed as previously
amended.
III
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Passed by the City Council of the City of Lino Lakes this 2 day of August, 1997.
Jo L. Landers, Mayor
ATTEST:
Marilyn C
) CC1rc,l;
. Anderson, Clerk/Treasurer
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Kuether and upon vote being taken thereon, the following voted in
favor: Bergeson, Kuether, Lyden, Neal, Landers.
ORDINANCE NO. 20 - 97
Page -2-
The following voted against same:
None
Whereupon said ordinance was declared duly passed and adopted.
•
•
•
Member Lyden introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 97-95
RESOLUTION CALLING FOR PUBLIC HEARING ON THE MODIFIED PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1 AND THE PLANS FOR TAX INCREMENT
FINANCING DISTRICT NOS. 1-1 AND 1-2
WHEREAS, the Lino Lakes Economic Development Authority (the "EDA")
intends to modify the program for Development District No. 1 (the "District") and the
Tax Increment Financing Plans for Tax Increment Financing District Nos. 1-1 and 1-2
("TIF District Nos. 1-1 and 1-2"); and
WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF
Act") and sections 469.124 through 469.134 (the "City Development District Act")
requires that the city council of the city of Lino Lakes (the "City") hold a public
hearing on the modified program for the District and modified plans for TIF District
Nos. 1-1 and 1-2, following approval thereof by the EDA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota as follows:
1. The city clerk -treasurer is authorized and directed to prepare a notice for
publication in the official newspaper setting a public hearing before the city
council to consider this matter on Monday, October 13, 1997 at 6:30 p.m. in
the council chambers at city hall. The notice shall be published in the
newspaper at least 10 but not more than 30 days prior to the public hearing.
• 2. The city clerk -treasurer is hereby authorized and directed to notify Independent
School District No. 12 and Anoka County at least 30 days prior to the public
hearing and to invite their comments on the modification of the District and the •
plans for TIF Districts No. 1-1 and 1-2.
3. The city staff and consultants are authorized and directed to take any and all
other actions necessary to bring this matter before the city council at the time
of the public hearing.
Dated: August 25, 1997
ATTEST:
Marilyn G. Anderson, Clerk -Treasurer
John L. Landers, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by
member Neal and upon vote being taken thereon, the following •
voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers.
and the following voted against same:
none.
Whereupon said resolution was declared duly passed and adopted.
•
•
•
Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 97-96
RESOLUTION CALLING FOR PUBLIC HEARING ON THE MODIFICATION OF THE
PLANS FOR TAX INCREMENT FINANCING DISTRICT NO. 1-7
WHEREAS, the Lino Lakes Economic Development Authority (the "EDA")
intends to modify the Tax Increment Financing Plan (the "Plan") for Tax Increment
Financing District No. 1-7 ("TIF District No. 1-7"); and
WHEREAS, Minnesota Statutes, sections 469.174 through 469.179 (the "TIF
Act") and sections 469.124 through 469.134 (the "City Development District Act")
requires that the city council of the city of Lino Lakes (the "City") hold a public
hearing on the modified Plan for TIF District No. 1-7, following approval thereof by the
EDA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota as follows:
1. The city clerk -treasurer is authorized and directed to prepare a notice for
publication in the official newspaper setting a public hearing before the city
council to consider this matter on Monday, October 13 at 6:35 p.m. in the
council chambers at city hall. The notice shall be published in the newspaper
at least 10 but not more than 30 days prior to the public hearing.
2 The city clerk -treasurer is hereby authorized and directed to notify Independent
School District No. 12 and Anoka County at least 30 days prior to the public
hearing and to invite their comments on the modified Plans.
3. The city staff and consultants are authorized and directed to take any and all
other actions necessary to bring this matter before the city council at the time
of the public hearing.
Dated: August 25, 1997
ATTEST:
Marilyn GYAnderson, Clerk -Treasurer
John L. Landers, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by
member Bergeson and upon vote being taken thereon, the following
voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers.
and the following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
•
•
•
•
Council Member Lyden
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-97
RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION
CONTRACT - 1997 WEAR COURSE AND TRAIL PAVING PROJECT.
WHEREAS, pursuant to an advertisement for bids for the construction of the 1997 Wear Course
and Trail Paving Project, bids were received, opened and tabulated according to law, and the
following bids were received complying with the advertisement:
Name
Expert Asphalt, Inc.
Midwest Asphalt, Inc.
Ashbach Construction, Inc.
Barber Construction, Inc.
Bid Amount
$185,665.25
$218,908.05
$221,863.60
$280.854.00
AND WHEREAS, it appears that Expert Asphalt, Inc., 13655 Hartungs Oak Road, Cologne, MN
55322, is the lowest responsible bidder;
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 a contract with, that
Expert Asphalt, Inc., 13655 Hartungs Oak Road, Cologne, MN 55322 in the name of the City
of Lino Lakes for the construction of the 1997 Wear Course and Trail Paving Project
according to the plans and specifications 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 Lino Lakes City Council this 25th • ay of August, 1997.
Marilyn O. Anderson, Clerk -Treasurer
n L. Landers, Mayor
Resolution 97-97
Page 2
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
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 August 25, 1997.
Marilyn G. Anderson, Clerk -Treasurer
•
•
•
Council Member Lyden
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 97 - 98
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS - WARE ROAD STREET AND UTILITY IMPROVEMENT
PROJECT
WHEREAS, a resolution of the City Council adopted the 25th day of May, 1997
fixed a date for a council hearing on the proposed Ware Road Street and Utility
Improvement Project by constructing street, curb and gutter, storm sewer systems, water
supply systems and sanitary sewer systems.
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon on the 23 day of June, 1997 at
which all persons desiring to be heard were given opportunity to be heard thereon,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. Such improvement is necessary, cost effective and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted
25th day of August, 1997.
3. OSM, Inc. is hereby designated as the engineer for this improvement. The
engineer shall prepare plans and specifications for the making of such improvement.
Adopted by the Lino Lakes City Council this 25tay of August, 1997.
John L.Landers, Mayor
Mailyn G. Anderson, Clerk -Treasurer
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Kuether, 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 August 25, 1997.
Marilyn G. Anderson, Clerk -Treasurer
•
Council Member Bergeson introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 97-99
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS - LILAC STREET UTILITY EXTENSION
WHEREAS, pursuant to a resolution passed by the Council on July 28, 1997, TKDA, Inc., has
prepared plans and specifications for the improvement of Lilac Street between Fourth Avenue
and Apollo Drive by constructing watermain and sanitary sewer and has presented such plans
and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are
hereby approved.
2. The City clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin and advertisement for bids upon the making of such improvement
under such approved plans and specifications. The advertisement shall be published for
three weeks, shall specify the work to be done, shall state that bids will be received by the
Clerk until 10 a.m. on Friday, September 19, 1997, at which time they will be publicly
opened in the Council Chambers of the City Hall by the City Clerk and Engineer, will then
be tabulated, and will be considered by the Council at 6:30 p.m. on Monday, September 22,
1997, in the Council Chambers of the City Hall. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
Council on the issue of responsibility. No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified
check payable to the Clerk for five (5) percent of the amount of such bid.
Adopted by the Lino Lakes City Council this 25th day August, 1997.
Marilyn G. Anderson, Clerk -Treasurer
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, Neal, Landers.
The. following voted against same: Lyden, Council Member Kuether abstained.
Whereupon said resolution \\ as duly passed and adopted.
Council Member Kuether
adoption:
introduced the following resolutions and moved its
CITY OF LINO LAKE
RESOLUTION NO. 97-100
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Behm's Century Farms, 2"d Addition
WHEREAS, Behm's Century Farms, 2"d Addition, is a "contractor improvement" and a
contractor for the construction of improvements was not awarded by the City of Lino
Lakes and the cots of the construction is not included in the assessment total, and;
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $127,564.00 so that the total cost of the improvement to be assessed is
$127,564.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $0.00 and the portion of the cost be assessed against benefited property owners
is declared to be $127,564.00.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 1997.
Marilyn Anderson, Clerk/Treasurer
n Landers, Mayor
s
•
•
•
•
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 solution was declared 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 August 25, 1997.
N -
Ma ilyn Anderson, Clerk -Treasurer
Council Member Bergeson
adoption:
introduced the following resolutions and moved its
CITY OF LINO LAKE
RESOLUTION NO. 97-101
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Clearwater Creek, Phase 2
WHEREAS, Clearwater Creek, Phase 2, is a "contractor improvement" and a contractor
for the construction of improvements was not awarded by the City of Lino Lakes and the
cots of the construction is not included in the assessment total, and;
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $320,687.00 so that the total cost of the improvement to be assessed is
$320,687.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $0.00 and the portion of the cost be assessed against benefited property owners
is declared to be $320,687.00.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 19 7.
Marilyn Anderson, Clerk/Treasurer
n Landers, Mayor
0
•
The motion for 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, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said solution was declared 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 August 25, 1997.
Marilyn nderson, Clerk -Treasurer
•
•
Council Member
adoption:
introduced the following resolutions and moved its
CITY OF LINO LAKE
RESOLUTION NO. 97-102
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Pheasant Hills, 7th Addition
WHEREAS, a contract has been let for the improvement of Pheasant Hills, 7th Addition,
by constructing street, curb and gutter, storm sewer, watermain, and sanitary sewer and
the contract (bid) price for such improvement is $225,362.50, and the expenses incurred
or to be incurred in the making of such improvement amount to $13,081.00, so that the
total cost of the improvement will be $238,443.50.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $0.00 and the portion of the cost be assessed against benefited property owners
is declared to be $345,986.31. q t' .
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 19
]J'�1(1,411
,-, J• Landers, Mayor
L �(lM/`� k � _a,421
Marilyn Anderson, Clerk/Treasurer
•
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Lyden and upon vote being taken thereon, the following voted in
favorthereof: Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said solution was declared 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 August 25, 1997.
Marilyn Anderson, Clerk -Treasurer
•
•
Council Member Kuether introduced the following resolutions and moved its
adoption:
CITY OF LINO LAKE
RESOLUTION NO. 97-103
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Twin City Townhomes
WHEREAS, Twin City Townhomes is a "contractor improvement" and a contractor for
the construction of improvements was not awarded by the City of Lino Lakes and the cots
of the construction is not included in the assessment total, and;
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $74,648.25 so that the total cost of the improvement to be assessed is
$74,648.25.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $0.00 and the portion of the cost be assessed against benefited property owners
is declared to be $74,648.25.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation,.as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 1
1�z )-
Marilyn/Anderson, Clerk/Treasurer
Jo n 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 solution was declared 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 August 25, 1997.
Marilyn Anderson, Clerk -Treasurer
Council Member Kuether introduced the following resolutions and moved its
adoption:
CITY OF LINO LAKE
RESOLUTION NO. 97-104
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, 35W/TH 49 Interchange Commercial Development Area Trunk
Utilities
WHEREAS, a contract has been let for the improvement of 35W/TH 49 Interchange
Commercial Development Area Trunk Utilities by constructing street, curb and gutter,
storm sewer, watermain, and sanitary sewer and the contract (bid) price for such
improvement is $298,429.34, and the expenses incurred or to be incurred in the making
of such improvement amount to $90,895.47, so that the total cost of the improvement will
be $389,324.81.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $119,988.70 and the portion of the cost be assessed against benefited property
owners is declared to be $734,376.11.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 1
711, -t- -
Marilyn Anderson, Clerk/Treasurer
n 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 solution was declared 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 August 25, 1997.
04( e
Marilyn Anderson, Clerk -Treasurer
0-
Council Member
adoption:
Bergeson
introduced the following resolutions and moved its
CITY OF LINO LAKE
RESOLUTION NO. 97-105
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Centennial Middle School Street and Utility Improvements and Elm
Street Signal System
WHEREAS, a contract has been let for the improvement of Centennial Middle School
Street and Utility Improvements by constructing street, curb and gutter, storm sewer,
watermain, and sanitary sewer and the contract (bid) price for such improvements is
$812,627.21, and the expenses incurred or to be incurred in the making of such
improvement amount to $368,684.40, so that the total cost of the improvement will be
$1,181,311.61.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $581,461.73 and the portion of the cost be assessed against benefited property
owners is declared to be $1,275,502.88.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 199.7.
n Landers, Mayor
Marilyn Anderson, Clerk/Treasurer
•
•
•
•
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Lyden and upon vote being taken thereon, the following voted in
favorthereof: Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said solution was declared 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 August 25, 1997.
. i
Marilyn Anderson, Clerk -Treasurer
Council Member Kuether
adoption:
introduced the following resolutions and moved its
CITY OF LINO LAKE
RESOLUTION NO. 97-106
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Clearwater Creek Trunk Utilities
WHEREAS, a contract has been let for the improvement of Clearwater Creek Trunk
Utilities by constructing street, curb and gutter, storm sewer, watermain, and sanitary
sewer and the contract (bid) price for such improvement is $679,721.87, and the expenses
incurred or to be incurred in the making of such improvement amount to $611,544.13, so
that the total cost of the improvement will be $1,291,266.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $961,866 and the portion of the cost be assessed against benefited property
owners is declared to be $972,838.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7.5 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 199
4.' %,
Marilyn Anderson, Clerk/ Treasurer
JO n Landers, Mayo
•
•
•
•
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 solution was declared 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 August 25, 1997.
Marilyn Anderson, Clerk -Treasurer
Council Member Lyden introduced the following resolutions and moved its
adoption:
CITY OF LINO LAKE
RESOLUTION NO. 97-107
Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed
Assessment, Baldwin Lake Court
WHEREAS, Baldwin Lake Court, is a "contractor improvement" and a contractor for the
construction of improvements was not awarded by the City of Lino Lakes and the cots of
the construction is not included in the assessment total, and;
WHEREAS, additional costs outlined in the Development Agreement have been
determined to be $74,071.35 so that the total cost of the improvement to be assessed is
$74,071.35.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The portion of the cost of such improvement to be paid by the city is hereby declared
to be $0.00 and the portion of the cost be assessed against benefited property owners
is declared to be $74,071.35.
2. Assessments shall be payable in equal annual installments extending over a period of
fifteen years, the first of the installments to be payable on or before the first Monday
in January, 1998, and shall bear interest at the rate of 7 percent per annum from the
date of the adoption of the assessment resolution.
3. The city clerk, with the assistance of the city engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable
lot, piece or parcel of land within the district affected, without regard to cash
valuation, as provided by law, and he shall file a copy of such proposed assessment in
his office for public inspection.
4. The clerk shall upon the completion of such propose assessment , notify the council
thereof.
Adopted by the council this 25th day of August, 197.
Landers, Mayor
)61?)-K-trA., �. -1 �, L2/1\
Marilyn Anderson, Clerk/Treasurer
•
•
•
The motion for adoption of the foregoing resolution was duly seconded by Council
Member Bergeson and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said solution was declared 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 August 25, 1997.
Marilyn Anderson, Clerk -Treasurer
Council Member
adoption:
Kuether
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-108
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN BEHM'S CENTURY FARM, 2"d Addition
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Behm's Century Farm, 2nd Addition, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. 1 -le may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
•
•
Adopted by the Council of the City of Lino,Lakes this 25th day of August, 1997.
`%J
Marilyn G. Anderson, Clerk -Treasurer
n L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
Marilyn Anderson, Clerk-Treasuruer
Council Member
adoption:
Kuether
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-109
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN Clearwater Creek, Phase 2
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Clearwater Creek, Phase 2, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
Adopted by the Council of the City of Lino .. es this 25th day of August, 1997.
i
-12/1 (2(A-CLwYL_
Marilyn G. Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
Marilyn Anderson, Clerk-Treasuruer
•
Council Member Kuether
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-110
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN Pheasant Hills, 7th Addition
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Pheasant Hills, 7th Addition, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
Adopted by the Council of the City of Lino akes this 25th day of August, 1997.
(14.4.LI2A/i0,
Marilyn G. Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same:
none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
arilyn Anderson, Clerk-Treasuruer
•
Council Member
adoption:
Kuether
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-111
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN Apollo Townhomes
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Apollo Townhomes, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
Adopted by the Council of the City of Linoi kes this 25th day of August, 1997.
• /
rl L. Landers, Mayor
•
•
Marilyn G. Anderson, Clerk -Treasurer
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
Marilyn Anderson, Clerk-Treasuruer
Council Member Kuether
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-112
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN 35W/TH 49 Interchange Commercial Development Area
Trunk Utilities
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for 35W/TH 49 Interchange Commercial
Development Area Trunk Utilities, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to Decernber 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
e
•
Adopted by the Council of the City of Lino es this 25th day of August, 1997.
o�i.� l �j� J - ii,LALtAa i
Marilyn G. Anderson, Clerk -Treasurer
L. Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
so°'
Mari yn Anderson, Clerk-Treasuruer
Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 97-113
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN Centennial Middle School Street and Utility Project
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Centennial Middle School Street and
Utility Project, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
•
•
Adopted by the Council of the City of Lino L • kes this 25th day of August, 1997.
• 0A.L.0),-,___
Marilyn G. Anderson, Clerk -Treasurer
Landers, Mayor
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
�`�` �, 1 c�1.-e dYt
Mar lyn ! nderson, Clerk-Treasuruer
Council Member Kuether
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 97-114
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN Clearwater Creek Trunk Utilities
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Clearwater Creek Trunk Utilities, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
•
•
Adopted by the Council of the City of Lino L. es this 25th day of August, 1997.
L. Landers, Mayor
r
V2q6A -uitt-kvoc:)-1--
Marilyn G. Anderson, Clerk -Treasurer
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same:
none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
CL .J Ci -t z le- -oc i
Ma ilyn Anderson, Clerk-Treasuruer
Council Member Kuether introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 97-115
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE
IMPROVEMENTS IN Baldwin Lake Court
WHEREAS, by a resolution passed by the City Council on August 25, 1997, the City
Clerk was directed to prepare a proposed assessment of the cost outlined in
the Development Agreement for Baldwin Lake Court, and
WHEREAS, the Clerk has notified the City Council that such proposed assessment has
been completed and filed in her office for public inspection,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. A hearing shall be held on Monday, October 13, 1997, in the city hall, 1189 Main
Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed
assessment and at such time and place all persons owning property affected by
such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two (2) weeks
prior to the hearing, and she shall state in the notice the total costs of the
improvement. She shall also caused mailed notice to be given to the owners of
each parcel described in the assessment roll not less than two (2) weeks prior to
the hearings.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City Clerk except
that no interest shall be charged if the entire assessment is paid within thirty (30)
days from the adoption of the assessment. He may at any time thereafter, pay to
the City Clerk the entire amount of the assessment remaining unpaid, with interest
accrued to December 31, of the year in which payment is made. Such payment
must be made before November 15, or interest will be charged through December
31 of the succeeding year.
•
Adopted by the Council of the City of Lino L. s this 25th day of August, 1997.
• !" /
. Landers, Mayor
1A -J 7Q, 64( Ar -9 -2, -
Marilyn G. Anderson, Clerk -Treasurer
The motion for the adoption of the forgoing resolution was duly seconded by Council
Member Neal and upon vote being taken thereon, the following voted in favor:
Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same:
none.
Whereupon said resolution was declared duly passes 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 August 25, 1997.
Mari yn An erson, Clerk-Treasuruer
•