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HomeMy WebLinkAbout10/27/1997 Council Minutes• • COUNCIL MINUTES OCTOBER 27, 1997 CITY OF LINO LAKES MINUTES DATE : October 27, 1997 TIME STARTED : 6:32 P.M. TIME ENDED : 9:01 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Neal and Lyden MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Building Inspector, Tom Jackson; Planning Consultant, Alan Brixius; and Clerk -Treasurer, Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher requested removal of Item 9, "Consideration of Resolution No. 97 - 153, Insurance Benefits for Council Members". The agenda was approved as amended. CONSENT AGENDA Council Member Lyden moved to approve the Consent Agenda. Council Member Neal seconded the motion. Motion carried unanimously. ITEM DISBURSEMENTS: October 27, 1997 (Check Nos. 49049 - 49164, $680,936.67) Consideration of Friends of the Parks Transfer & Indemnification Agreement OPEN MIKE ACTION Approved Approved Kay Phillips of Birch Street addressed the Council regarding a car she observed illegally passing a school bus her children were getting ready to board. She indicated that she has experienced other traffic related problems on her street, and that the speed limit should be reduced. Ms. Phillips stated that she feels very strongly about this issue, and asked about the intentions of candidates running for Council with respect to this issue. Mr. Schumacher suggested that Ms. Phillips put her concerns into writing and submit them to • Staff for response. COUNCIL MINUTES OCTOBER 27, 1997 Council Member Neal suggested that Ms. Phillips speak to Police Officer Hammes and give him whatever information she might have regarding traffic problems she had witnessed. Mr. DeMotts, 6265 Holly Drive, addressed the Council regarding campaign signs in the City. He distributed a copy of portions of the City's ordinance regarding signs, and read Section L. b. "Other Election Years", which states, in pertinent part: In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of nine (9) square feet for each premise in a residential zone and thirty-two (32) square feet in an agricultural, commercial or industrial zone. These signs shall be confined within private property, provided that the property owner's permission has been obtained.... Mr. DeMotts also read Section W, which states: All signs including temporary and portable over six (6) square feet in size shall require a sign permit. Permit fees shall be in accordance with a fee schedule as adopted by the City Council. Mr. DeMotts stated that he feels permits should have been issued, even though he believed no fee schedule had been prepared in accordance with Section W of the Ordinance. Council Member Neal asked the amount of a sign permit. Mayor Landers indicated that to date no permits have been required. Ms. Wyland explained that the State Building Code as well as the size of each sign are determinate factors in attaching a fee; but that she was not aware of the amounts. Council Member Neal indicated that he had reviewed the Ordinance, and asked about its suggested penalties. Attorney Hawkins clarified that the $700 fine set forth in the Ordnance represents the maximum penalty upon conviction that a court could impose, not a civil penalty that can be imposed by the City. After discussion of the number and size of signs placed around the City, Mayor Landers stated that although it is not clear what formal action should be taken, residents have complained and have expressed frustration with being governed by a Council whose candidates don't abide by the City's ordinances. Council Member Lyden asked that the Council return to the agenda for this evening, and that perhaps all political signs should be abolished. Mayor Landers explained that previous investigation had revealed that abolition of signs entirely is unconstitutional, but that he agreed that the Council should discuss this issue at the end of the established agenda. Council Member Neal stated that he is formally against the garbage collection in spite of the positions of the balance of the Council. • COUNCIL MINUTES OCTOBER 27, 1997 • CONSIDERATION OF EMERGENCY ORDINANCE NO. 33 - 97, ALLOWING PARTIAL PREPAYMENT ON SPECIAL ASSESSMENTS OVER $100,000, RANDY SCHUMACHER • • Mr. Schumacher explained that this proposed Ordinance deals with allowing for partial assessment payments beyond the current policy that payment may be made in full within 30 days after an assessment roll has been adopted or assessed over a period established by the Council. Under the proposed Ordinance No. 33 - 97, prepayments may be made on assessments of at least $100,000. Mr. Schumacher used the Centennial School District as an example of a property assessed a large amount for improvements which could benefit from avoiding payment of interest over a number of years but is not able to pay the entire amount in a single payment. Council Member Kuether asked why prepayments are not acceptable on assessments of less than $100,000. Mr. Schumacher explained that small payments on numerous parcels would represent an administrative problem. Council Member Kuether asked if property owners could prepay a portion of the assessments prior to levying of an assessment roll. Mr. Schumacher indicated that they could not. The assessment must either be paid in full or be certified. Attorney Hawkins added that partial prepayments would require each balance to be recalculated and spread over the entire payment period, and that for small amounts the administration is not feasible. Council Member Bergeson questioned whether or not $100,000 is an accurate figure. He suggested that the proposed Ordinance should be passed at this time, but that further discussion should take place regarding the limit on the amount. Mayor Landers expressed agreement with Council Member Bergeson. Council Member Lyden moved to approve Emergency Ordinance No. 33 - 97, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Emergency Ordinance No. 33 - 97 can be found at the end of these minutes. CONSIDERATION OF REMOVING THE HOUSE AND GARAGE AT 1410 CANFIELD ROAD, TOM JACKSON Mr. Jackson explained that at its October 13, 1997 meeting, Council approved an order for removal of a hazardous building in connection with the subject property. He reminded the City Council that at that time the property owner, Gregory Dufeck, was required to attend this meeting and to present a "concrete update of his plans" for reconstruction, if that was still his intention. Additionally, the City required that a licensed structural engineer evaluate the scope of damage to the structure. Within the past two weeks Mr. Dufeck (1) resolved the property ownership issue, (2) secured an estimate from a licensed contractor, and (3) resecured the property from trespassers. Council Member Kuether asked about the overall condition of the structure for renovation purposes. Mr. Jackson indicated that Mr. Dufeck's prospective contractor has suggested at least two structural engineers with whom he can work to determine feasibility of renovation. COUNCIL MINUTES OCTOBER 27, 1997 Mr. Jackson added that the City would like to see the garbage outside the house picked up as soon as a container is delivered to the property for construction purposes. He also indicated that the grass should be cut as soon as possible so that the property does not appear abandoned. Mayor Landers asked about a small fenced area to enclose debris. Mr. Jackson suggested that such an enclosure was more typically appropriate for larger construction sites, and that a dumpster-type container would be more practical. Mr. Jackson advised that Mr. Dufeck be given until November 10, 1997 to obtain a building permit, provided Mr. Dufeck provides an engineer's report that endorses a construction estimate from a licensed contractor. Council Member Kuether asked how long a building permit provides for completion of a project. Mr. Jackson explained that the Building Code provides that a permit shall not expire so long as a project is not abandoned for more than six (6) months. Mr. Jackson indicated that he was advised by Mr. Dufeck's prospective contractor that the entire project should be completed within three (3) months, which is a typical length of time for new construction. Council Member Kuether moved to approve giving Mr. Dufeck until November 10, 1997 to obtain a building permit according to the conditions stated above. Council Member Neal seconded the motion. Mr. Dufeck expressed concern about how long it might take to obtain the required engineer's report, and asked Council what action might take place if he is unable to meet the deadline of November 10. Mr. Jackson indicated that a verbal commitment from the contractor would be acceptable. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 97 -155 CLARIFYING THE LINO LAKES CITY COUNCIL'S INTENT OF THE ROAD RECONSTRUCTION REFERENDUM, PAUL MONTAIN Charter Commission Chairman Paul Montain stated that the Commission is requesting clarification of Item No. 2 on the upcoming election ballot regarding road reconstruction. He explained that following the last Council work session, he met with Mr. Schumacher who assisted in preparing Resolution No. 97 - 155, which is presented for Council's consideration. Council Member Kuether moved to approve Resolution No. 97 - 155, as presented. Council Member Neal seconded the motion. Council Member Bergeson stated that the Charter Commission's requests thus far with regard to road reconstruction had been met by Council, and that he was surprised at the apparent lack of trust between these two bodies. Mr. Montain agreed, suggesting a review of this issue following the election and a closer working relationship in the future. Motion carried unanimously. Resolution No. 97 - 155 can be found at the end of these minutes. • • • • COUNCIL MINUTES OCTOBER 27, 1997 CONSIDERATION OF ORDINANCE NO. 35 - 97 AMENDING THE CITY CODE BY REMOVING CERTAIN SECTIONS OF CHAPTER NO. 207 FOR MORE EFFICIENT ADMINISTRATION OF HUMAN RESOURCES MANAGEMENT, DAN TESCH Mr. Tesch explained that development of this Ordinance resulted from his suggestion for more efficient operation of the City's human resources by removing policies from the City Code and placing them into a policy book. This book could then be maintained and updated as necessary, separate from the Code. Mr. Tesch added that the City is in the process of updating many of the benefits currently provided to its employees. Having the personnel policies in ordinance form causes changes to be unduly cumbersome and time-consuming; i.e., two readings, publication, 30 -day waiting period, etc. The City Attorney has been consulted and concurs with this proposal. Mr. Tesch also stated that any changes and/or enhancements to the City's personnel policies would remain subject to Council approval according to that process as it is now followed. Consideration of Resolution No. 97 -154, Adoption of Personnel Policies - Mr. Tesch explained that this proposed resolution would affirm and identify current personnel policies. Council Member Bergeson requested confirmation that no changes would take place in the policies as they now exist. Mr. Tesch responded in the affirmative. Council Member Lyden moved to approve Ordinance No. 35 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Kuether moved to adopt Resolution No. 97 - 154, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 154 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Update, Comprehensive Land Use Plan - Mr. Wessel updated Council as to recent activities, including three (3) work sessions with the Comprehensive Plan Task Force and the City Council. He indicated that another meeting is scheduled for November 20, 1997 at 6:00 P.M. at City Hall; but that an interim work session is scheduled for Friday, October 31, 1997 at 7:00 A.M. He reiterated that the intended result of these meetings is to establish a recommendation from the Task Force with regard to a direction for community growth, be it strong, moderate, or limited. Mr. Wessel suggested that the recommendation should be ready for Council action soon after the first of 1998. PLANNING AND ZONING BOARD REPORT, AL BRIXIUS Consideration of Rice Industries Requests: Mr. Brixius explained that Carol Rice on behalf of Rice Industries has submitted an application for minor subdivision and site and building plan review. Through use of a map of the area, Mr. Brixius pointed out the property line shift which is proposed to increase the lot size, for a total of 1.9 acres with a total building area of 22,675 square feet. In reviewing this request, Mr. Brixius noted the Planning Commission found that the minor subdivision was not appropriate absent a • • • COUNCIL MINUTES OCTOBER 27, 1997 recordable survey, vacation of any easements, and comment by the City Engineer with regard to any necessary property line easements at the time of final platting. Site Plan Review - Mr. Brixius explained that the site is properly zoned, it fits within the site including setbacks, loading has adequate turning area, and parking is adequate with expansion for the new addition. Approval of the site and building plan was recommended subject to the following conditions: 1. Colors of proposed building material finishes be specified and approved by the City. 2. All trash handling areas are identified on the site plan. If outdoor trash receptacles are proposed, they must be located in the rear or side yard and screened from view by occupants of adjacent properties and public rights-of-way by a fence or wall at least six (6) feet in height with a minimum opaqueness of 80 percent. 3. The applicant submit a signage plan specifying sign height, size, etc. The sign plan will be subject to City approval. 4. The submitted grading plan is subject to review and comment by the City Engineer. 5. Building and site plans are subject to review by "Crime Prevention Through Environment and Design" (CPTED) offices prior to building permit issuance. Mr. Brixius added that an easement encroachment exists on the east property line, which includes a drainage utility determined to be appropriately left in place; but an encroachment for the loading area would be permitted with a signed encroachment area. Mr. Wessel reminded Council that Mary Alice Devine has worked extensively with the Rices, and that the Planning and Zoning Board is pleased that they have selected Lino Lakes in which to build their new facility. He added that the Rices and their daughter, Jill Vass, were present, together with the architect and contractor. Rice Industries is currently located in Shoreview, and is a 20 -year-old distributor of chemicals and equipment used for the manufacture of metal molds. Ken Nordby of NAI Architects presented samples of certain building materials to Council, as well as a color photograph of the proposed building and site. He indicated that the site is currently designed to take into account future expansion. Mr. Nordby noted one area which had not been addressed, and that was the curb design. He indicated preference for rollover curb (or valley curb) to aid in ease of snow removal. Mr. Brixius responded that so long as it is surmountable curb of concrete construction there should be no problem. Council Member Bergeson asked how many people Rice Industries employs. Ms. Vass responded that there are currently eleven (11) employees. Council Member Kuether moved to approve the site plan review, pursuant to the conditions outlined above. Council Member Neal seconded the motion. Motion carried unanimously. Minor Subdivision - Council Member Lyden moved to approve the minor subdivision. Council Member Neal seconded the motion. Motion carried unanimously. • Mayor Landers welcomed the Rices to Lino Lakes. 1 • • • • • COUNCIL MINUTES OCTOBER 27, 1997 Consideration of a Conditional Use Permit, Lino Lakes Blacktop, Inc., 502 Lilac Street - Ms. Wyland explained that the owners of Lino Lakes Blacktop Inc. are requesting a conditional use permit and site plan review that will allow for the expansion of an existing pole barn. According to the current Zoning Ordinance, Section 3 Subd. 4.B.2.b.2, "As an expansion of a Pole Barn. The expansion shall not be more than fifty (50) percent of the gross area of the pole barn as of the passage of the Ordinance dated 24 August 1987. The City may attach conditions to the expansion to maintain and enhance the appearance and function of the building including landscaping and building exterior requirements." She stated that the existing building is 40 x 48, or 1,920 square feet. The proposed addition will be 20 x 48, or 960 square feet. The front portion of the addition is planned to be brick with vinyl lap siding to provide a more pleasing appearance than the typical pole barn facade. A shingle treatment will be provided on a front roof expansion area. It is proposed that the existing pole barn be painted to match the new construction. Ms. Wyland stated that the subject property is located in the City's General Industrial Zoning District along Lilac Street, and currently consists of four (4) separate lots of record. One lot contains an existing home site, which was constructed in 1961. The business was started in 1971 with the construction of the existing pole barn on a separate lot of record. Two additional lots provide storage and parking areas. She added that the site has frontage on both Lilac Street and Apollo Drive. The Apollo Drive frontage has recently been landscaped with evergreen trees and berming has been installed to screen some of the exterior storage and an existing fuel tank from traffic on Apollo. Sewer and water is available from Apollo; however, the applicant is not requesting connection at this time. The Planning and Zoning Board held a public hearing, and following the close of that meeting recommended approval of this conditional use permit with the following conditions: 1. Building permits be obtained prior to construction. 2. If additional lighting is provided, a plan be reviewed by the CPTED officer. 3. Two parking spaces per employee be provided. Currently 22 spaces are provided on the site plan. 4. Trash handling areas be screened from adjoining property owners. 5. The property owner shall connect the existing business to City sewer and water upon its extension down Lilac Street. Ms. Wyland indicated that the owners of Lino Lakes Blacktop are in attendance, and three letters have been provided from neighboring property owners indicating approval of the proposed proj ect. Council Member Kuether asked about condition No. 5 above. Ms. Wyland indicated that it was the recommendation of the City's Engineering Department because the applicant had indicated interest in connecting to utilities. Council Member Kuether suggested that this applicant should not be required to connect to utilities when others are not. She also asked why the utilities for this project would not come from Apollo Drive. Ms. Wyland explained that access is better from Lilac Street; and, the assessment would be less since only one lot would be involved. COUNCIL MINUTES OCTOBER 27, 1997 Mr. Schumacher added that historically business expansions have resulted in requiring utility connection due to intensified utility use. Tom Ramsden of Lino Lakes Blacktop stated that the proposed addition would enhance the property as well as the Lino Lakes Industrial Park, and that they plan to connect to utilities either from Lilac Street or Apollo Drive, whichever is most feasible. Mayor Landers asked at what point sprinklers are required. Ms. Wyland indicated that the limit is approximately 3,000 square feet; and that the fire chief reviews all submittals, making the final determination. Council Member Kuether verified that the reason for the expansion is for storage and office space. Council Member Kuether moved to approve the Lino Lakes Blacktop, Inc. conditional use permit. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision Request, James Speiser, 441 and 453 Birch Street - Ms. Wyland explained that Mr. Speiser and his daughter, Jill Paulus, are requesting a minor subdivision that would allow for a 1.2 -acre parcel containing the existing homestead to be split from a 21.4+ acre parcel at 441 Birch Street. The 21.4 acres is currently farmed by Mr. Speiser. The property is currently zoned R-1 and indicated as residential on the Comprehensive Plan; however, it is not currently within the MUSA and Mr. Speiser has indicated that he is not interested in development at this time. The 21.4 acres, however, could be developed residentially at some future date. Utilities are available from Birch Street to serve a future development. Ordinance No. 93 - 18 provides: Habitable single family homes constructed prior to July 13, 1992 may reduce their lot size to a minimum of one (1) acre if the balance of the property results in a parcel of ten (10) acres ... Staff recommended approval of this minor subdivision, but commented that the existing outbuildings will be considered preexisting nonconforming uses and, therefore, if destroyed by more than 75% will not be allowed to be rebuilt. As a 1.2 -acre parcel, the newly created lot would be allowed a total of 2,020 square feet of accessory buildings. The site currently contains 4,300 square feet of accessory buildings. Ms. Wyland stated that there will be no park dedication fee, as no new dwelling units are proposed. Should the larger parcel ever develop, park dedication will be required at that time. Council Member Bergeson asked if the portion on Birch Street not containing a residence contains sufficient frontage to accommodate a residence in the future. Ms. Wyland indicated that sufficient frontage exists for a residence or a roadway. Council Member Lyden asked how much larger the parcel would need to be to make the outbuildings consistent with the ordinance requirement. Ms. Wyland stated 10 or more. However, the property is zoned R-1, so that provision is not applicable. She added that the back of the lot is heavily screened with trees, and should not pose a problem for future development. Council Member Lyden clarified that at this time the Council is only being asked to consider a minor subdivision under Ordinance No. 93 - 18. Ms. Wyland responded in the affirmative. • COUNCIL MINUTES OCTOBER 27, 1997 • Council Member Bergeson moved to approve the James Speiser minor subdivision. Council Member Kuether seconded the motion. Motion carried unanimously. • • Consideration of Molin Concrete, 415 Lilac Street Requests: Mr. Brixius explained that Molin Concrete wishes to expand their production and outdoor storage facilities located at the corner of Lilac and 4th Street. Specifically, they want to add production area with a taller batch plant which requires a variance from the City's height requirement, to vacate an easement which now splits off the northern portion of their property, and to use that portion of their property zoned Light Industrial for outdoor storage of bulk product. In order to accomplish these goals, an amendment to the current zoning ordinance text would have to be considered together with an amended conditional use permit, interim use permit, variance, and street vacation. Mr. Brixius stated that Staff determined that it would be better to amend the existing Ordinance and identify outdoor storage as a principal use by interim use permit. Within the City's districts the interim use permit mechanism exists, but to date most have not been used. He added that a sunset clause can be included in an interim use permit, allowing for outdoor storage to expire as use changes. The Planning and Zoning Board recommended approval of this permit, pursuant to the following conditions: 1. The City approve the requested zoning ordinance text amendment establishing open and outdoor storage as an interim use in the LI Zoning District. 2. The City approve the requested vacation of 77th Street. 3. The City Council specifically approve an outdoor storage area surfacing material other than blacktop or concrete. 4. Outdoor lighting is prohibited in the site's outdoor storage area (north of 77th Street). Permissible exterior lighting shall be hooded and directed to reflect light away from neighboring residential properties and rights-of-way. 5. Consideration is given to aligning the site's western access point (from 4th Avenue) with 77th Street. This issue should be subject to further comment by the City Engineer. 6. A minimum 150 -foot setback is maintained along the subject site's northern boundary. The buffer yard shall extend 40 feet north into this 150 -foot setback line. 7. The City shall prohibit on -street truck parking along Lilac Street. 8. All additional site signage shall comply with applicable City sign requirements. 9. All applicable MPCA requirements are satisfactorily met. 10. All proposed structures comply with applicable City building material requirements. 11. The following noise mitigation efforts are utilized: a. Concrete product (precast wall panels) are stored parallel to the northerly buffer yard to act as a sound buffer. b. The outdoor storage yard is arranged such that truck backing maneuvers toward residential properties are minimized. COUNCIL MINUTES OCTOBER 27, 1997 c. Strobe lights replace truck back-up beepers during nighttime hours (6:00 p.m. to 8:00 a.m.) 12. Comments by other City Staff. 13. The landscape plan shall be amended to show the following: a. The berm location. b. Berm height of not less than 7 feet. c. A solid row of coniferous trees on the north side of the buffer yard with a row of deciduous trees on the south side of the buffer yard. d. Landscaping along 4th Avenue. e. Irrigation for buffer area. 14. The interim use permit will expire if there is a change in the land use in the LI District. Mr. Brixius explained that between the September and October Planning and Zoning Board meetings, the applicant had an opportunity to conduct neighborhood meetings and work through issues of noise, appearance and setback. The amended site plan before Council at this time reflects changes made as a result of these meetings. With respect to the setback, rather than the 75 -foot setback suggested by Code a 150 -foot setback is proposed. Additionally, the buffer yard would not be on the property line but along the 150 -foot setback line. The screening is to include a berm that is at least seven (7) feet in height, and that the buffer yard be planted as suggested in Item No. 13.c. above. With respect to lighting and noise, the applicant has indicated that the storage yard north of 77th Street would not be lit, and that back-up beepers would be replaced as suggested above. Another issue was the staging of trucks. The applicant proposes to move some of the outdoor storage to accommodate staging within the confines of Molin's property and allow for egress onto 4th Street. Council Member Bergeson requested that Condition No. 12 be specified prior to consideration by Council. Mr. Brixius suggested that egress onto 4th Street and not limiting hours of operation would be appropriate items to add as conditions. Council Member Lyden expressed concern about impacting quality of life for the residents of that neighborhood through this proposal. Mr. Brixius explained that the zoning for this site currently supports the Molin Concrete operation; however, all parties recognize the possibility for problems as the operation expands, and consideration has been given to the wishes of both Molin and the area residents in an effort to come to a satisfactory compromise. Council Member Bergeson asked for detail on the height and variance regulations. Mr. Brixius stated that the proposed batch plant will be 80 feet in height, with the standard being 45 feet in General Industrial areas. Council Member Bergeson asked about the water tower. Mr. Ahrens stated that the proposed water tower will be 150 feet in height. Council Member Bergeson asked if any concern had been expressed regarding the Airpark. Mr. Brixius explained that there has been communication with the Airpark, and it has been determined and agreed that this project would not interfere with the Airpark operation. Mr. Schumacher requested detail regarding the proposed landscaping plan. Mr. Brixius provided a sketch of the proposed landscaping, and indicated that the proposed details will be carried forward through the adjustments to the site plan. • • • COUNCIL MINUTES OCTOBER 27, 1997 Mayor Landers asked the applicant if the backup requirements for trucks operating during nighttime hours would apply to any trucks on Molin's property. The applicant explained that changes have already made to distance -sensitive beepers which are much quieter than those used previously, and that OSHA has given its approval to changing to strobe lights as required. With respect to trucks belonging to other companies that might enter Molin's property, there would be no control over their backup equipment. Mayor Landers suggested that Condition No. 11.c. be reworded to refer to a requirement for strobe lights on Molin's trucks specifically. Council Member Lyden asked what percentage of increase in business would result from this expansion. The response was 30%. Mr. Brixius suggested the following wording for Condition No. 11.c.: "Molin equipment and trucks shall be outfitted with strobe lights to replace backup beepers during nighttime hours." Consideration of FIRST READING, Ordinance No. 31- 97 Establishing Open and Outdoor Storage as an Interim Use in City's Light Industrial (LI) Zoning District (4/5ths Vote) - Council Member Lyden moved to approve the FIRST READING of Ordinance No. 31 - 97, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Amended Conditional Use Permit - Council Member Kuether moved to approve the amended conditional use permit. Council Member Lyden seconded the motion. Motion carried unanimously. Interim Use Permit - Council Member Bergeson moved to approve the interim use permit. Council Member Lyden seconded the motion. Motion carried unanimously. Variance - Council Member Kuether moved to approve the height variance. Council Member Neal seconded the motion. Motion carried unanimously. Street Vacation, Resolution No. 97 -156 - Council Member Neal moved to adopt Resolution No. 97 - 156, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 156 can be found at the end of these minutes. Council Member Kuether expressed appreciation for the applicants' patience with respect to the City's consideration of their project. Consideration of Highland Meadows Requests: Mr. Brixius explained that North Suburban Development is proposing approval of a 166 -unit mixed density development called Highland Meadows on 65.9 acres of land west of 79th Street and north on Marilyn. Applications for consideration are rezoning from R-1 to R-3, approval of a planned unit development, approval of a Comprehensive Plan amendment, and approval of a preliminary plat with conditions outlined by Staff. • Following numerous Planning and Zoning Board and neighborhood reviews, the density issue remains predominant. Medium density is desired as a transition between the area zoned Light COUNCIL MINUTES OCTOBER 27, 1997 Industrial and the residential subdivision. The Planning and Zoning Board concluded that this area of the community would be appropriate for this land use, and recommended that the Comprehensive Plan be amended and that the zoning be changed to R-3. Additional concerns were lot size consistency, which has been resolved, and traffic circulation within and beyond the subdivision, which has been addressed in modifications to the original design to provide a full intersection as well as two access points into the medium density area and shortening of a cul-de- sac. Road conditions were also addressed by the City Engineer, who recommended total reconstruction of 79th Street and overlay to Marilyn and 77th Streets in conjunction with the project. The proposed park dedication was questioned, and the recommendation was for a tot lot arrangement. Mr. Brixius pointed out that all areas of concern have been addressed and resolved as fully as possible. He stated that Staff recommended approval, based on the following: 1. If the medium density areas are going to be resubdivided, that should be addressed at the time of final plat. 2. The City finds that the proposed "coved" setback is acceptable and variable setbacks are established via plat easements. 3. The following street related conditions are satisfied: a. The preliminary plat is revised to provide immediate access from the north. b. The City Engineer has recommended approval of the proposed 20 -foot "private driveways" c. Off-street parking along designated townhome "driveways" is prohibited. 4 Park dedication is required pursuant to the preliminary plat dated 10/8/97 including a trail along outlot A. 5 Grading and drainage has been submitted and approved by the City Engineer. 6. A utility plan illustrating the street layout is reviewed and approved by the City Engineer. 7. Right of way to the eastern portion of the plat is approved for future extension. 8. Public street access be provided to the excepted lot lying north of Outlot C. 9. The developer shall be responsible for the upgrade of 77th Street east of subject site. 10. Limited construction traffic to 79th Street. 11. Establishment of crime prevention program for townhome units. 12. Developer shall be responsible for overlay of Marilyn and 77th Streets from Marilyn to Lake Drive. Council Member Kuether asked for explanation of the term "quadromimium". Mr. Brixius explained that this is the same as a quad home. Council Member Kuether also asked if the City's ordinances require a two -car garage. Mr. Brixius stated that a minimum two -car garage had not been specified. Council Member Bergeson clarified that this site is within the MUSA. Council Member Lyden asked how many units are proposed. Mr. Brixius responded 108 single- family and 60 townhome units. However, those numbers were reduced with the revised plan. Council Member Bergeson asked about utilities. Mr. Ahrens explained that the Lake Drive trunk utility project would serve this project. Council Member Bergeson asked if those residents along 79th Street would be afforded the opportunity to connect to these utilities, to which Mr. Ahrens responded that they would with consideration toward future development as well. There would be no requirement for connection. • • • • COUNCIL MINUTES OCTOBER 27, 1997 Mayor Landers asked if phasing is proposed for this development. Mr. Brixius indicated that phasing is not in place; however, he added that if the access from the north provided in the preliminary plat is not possible at this time, the northern one-third of the subdivision (north of 79th Street) would be established as a future phase (outlot) until such time as a northerly access is available. Consideration of FIRST READING, Ordinance No. 32 - 97, Rezone Highland Meadows (4/5ths Vote) - Council Member Lyden moved to deny Ordinance No. 32 - 97. For lack of a second, the motion failed. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 32 - 97, as presented. Council Member Bergeson seconded the motion. Motion carried, with Council Member Lyden voting no. Ken Gust, a local civil engineer, expressed reluctance to take responsibility for overlay of Marilyn. He stated that maintenance should be done, but not at the expense of the developer. Council Member Kuether stated that the residents are entitled to an overlay, given the increase in traffic they will have to endure. Mr. Gust indicated that the developer might be willing to share in the cost, but did not wish to be responsible for the entire amount. Mr. Ahrens agreed that a considerable increase in traffic will exist as a result of this development, and did not feel that a $12,000 overlay would be inappropriate. Planned Unit Development (4/5ths Vote) - Council Member Lyden moved to deny the planned unit development. For lack of a second, the motion failed. Council Member Bergeson moved to approve the planned unit development. Council Member Kuether seconded the motion. Motion carried, with Council Member Lyden voting no. Approval of Comprehensive Plan Amendment (4/5ths Vote) - Council Member Kuether moved to approve the Comprehensive Plan amendment. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. Preliminary Plat for Highland Meadows (4/5ths Vote) - Council Member Kuether moved to approve the preliminary plat for Highland Meadows, according to the conditions outlined above. Council Member Neal seconded the motion. Council Member Lyden stated that this effort to put in an additional 100+ homes is counterproductive to the City's aims for economic vitality and property tax relief for its residents. Council Member Bergeson pointed out that this development allows for considerable flexibility on the part of the developer and, therefore, road overlay is not unreasonable. Motion carried, with Council Member Lyden voting no. Mayor Landers called for a recess at 8:21 P.M. The meeting was reconvened at 8:34 P.M. COUNCIL MINUTES OCTOBER 27, 1997 FIRST READING, Ordinance No. 29 - 97 Amending Zoning Ordinance Section 7, Business Districts, Subdivision 3, H - Ms. Wyland reminded Council that a conditional use permit had been approved for automobile and truck repair use at 7313 Lake Drive with the condition that an ordinance amendment be considered which would allow the parking of vehicles waiting for repair. Section 7, Subd. 3, H.6.i currently reads as follows: All outside storage shall be prohibited. The storage of damaged vehicles, vehicles being repaired and vehicle parts and accessory equipment must be completely inside a principal or accessory building. The proposed language would allow customer vehicles to be parked outside but prohibit other exterior storage. The proposed language is as follows: All outside storage is prohibited except the storage of customer vehicles waiting for repair. Ms. Wyland stated that the Planning and Zoning Board held a public hearing on October 8, 1997, and recommended approval of this ordinance amendment. Council Member Lyden asked about a time limit for vehicles awaiting repair to remain on the property. Ms. Wyland explained that all vehicles stored for repair must bear current licenses, which should preempt inordinately lengthy storage. Mayor Landers asked for the precise location of the building. Ms. Wyland explained that this amendment would apply to any automobile repair use within the City which obtains a conditional use permit. Council Member Kuether requested clarification regarding placement of these vehicles within a fenced area. Ms. Wyland indicated that the applicant still intends to install a fence of a privacy nature. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 29 - 97, which provides and reads in pertinent part "All outside storage is prohibited except the storage of customer vehicles waiting for repair." Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 152 Opting to Participate in Livable Communities Act - Ms. Wyland explained that at this time of year the City is requested by the Metropolitan Council to indicate its willingness to participate in the Local Housing Incentives Account Program under the metro Livable Communities Act. Participation is mandatory for those communities wishing to access certain funding accounts through the Metropolitan Council. This proposed resolution, if adopted, represents the City's willingness to continue participation in this program for the third year. Mr. Wessel stated that historically following election to participate Staff returns to Council with a recommendation of goals for use of the subject funds. Last year Council reduced the goals, and it would appear that this year those same goals will be appropriate. However, Mr. Wessel reminded Council that at this time the request is just to participate in the program. Mr. Wessel added that earlier this date he, Mr. Schumacher and Ms. Devine met with representatives of the • • • • COUNCIL MINUTES OCTOBER 27, 1997 Metropolitan Council to confirm that, if the City elects to participate, it would be eligible for the funds requested. Ms. Devine presented a submission to the Livable Communities group a few months ago, and a series of meetings have taken place since then. Lino Lakes is one of nine communities being considered, having requested approximately $435,000 for use in the Town Center project. Mr. Wessel added that Lino Lakes should have a response as to whether or not the request was successful some time in November of this year, having been informed by the Metropolitan Council representatives that Lino Lakes will be given full and fair consideration. Council Member Kuether asked Mr. Wessel what the amount of last year's commitment was, to which he replied he did not have the exact amount before him but that this year's request remains a very low level of commitment. Council Member Neal expressed the importance of this involvement to those who require Section 8 housing. Through the program, only about one-third of certain seniors' income is necessary for housing. Council Member Kuether asked about the projected price of the proposed townhomes. Mr. Wessel could not provide that figure, but added that the affordability level has been raised to $120,000 through the Local Housing Incentives Account Program. Council Member Lyden moved to adopt Resolution No. 97 - 152, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97 - 152 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 145, Reject Bids, Lilac Street Utility Extension - Mr. Ahrens explained that on August 25, 1997, Council approved plans and specifications for the Lilac Street Utility Extension project. This project includes the installation of sanitary sewer and watermain along Lilac Street from Fourth Avenue to Apollo Drive. Subsequent to advertisement for bids, the City opened three bids on Friday, September 19, 1997, with the following results: Company Bid Amount Forest Lake Contracting, Inc. Penn Contracting, Inc. Redstone Construction Co., Inc. Engineer's estimate $218,090.30 $224,901.00 $245,726.83 $180,482.75 The low bid amount of $218,090.30 is 21% higher than the Engineer's estimate of $180,482.75. Due to the high bid amounts and property owners not needing the utility construction until Spring of 1998, Staff is recommending that these bids be rejected and that bids be readvertised in the Spring. Council Member Kuether moved to approve Resolution No. 97 - 145, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 145 can be found at the end of these minutes. COUNCIL MINUTES OCTOBER 27, 1997 Consideration of Resolution No. 97 - 150, Order Improvement and Preparation of Plans and specifications, Lake Drive Trunk Utility Project (4/5ths Vote) - Mr. Ahrens provided the following background for this item: The public hearing for the lake Drive Trunk Utility project was held on Monday, August 11, 1997. The 60 -day waiting period has expired with no petitions submitted to the City either in favor of or against the project. The project includes the construction of trunk and lateral sanitary as well as watermain. Trunk utilities are intended to provide utility service to large portions of the City. Lateral utilities are extended from the trunk utilities to serve specific properties. The lateral utilities proposed in the Lake Drive Trunk Utility project are those that will seive properties along Lake Drive only. Expansion of the lateral utility service to nearby neighborhoods can be completed at a later date. Funding and special assessments are outlined in the feasibility report, and follow State Statues and the Lino Lakes Charter. The approximate cost for this project is $2,400,000. Funding for the project will be through special assessments levied against benefiting properties as property owners connect to the utility system. The special assessments are calculated following the Lino lakes Public Improvement Financing Policy including the "Bisel Amendment" to existing residential properties that can not subdivide. Permanent and temporary easements are required to complete this project including the acquisition of one parcel located on Lake Drive and a portion of another parcel located on Lilac Street. The easement costs are included in the estimate noted above. Project Schedule The proposed schedule for the project is as follows: Order Project Council Approves Plans Council Authorizes Ad for Bids Bid Opening Council Awards Bid Construction Begins Substantial Completion October 27, 1997 January 26, 1998 January 26, 1998 February 19, 1998 February 23, 1998 April, 1998 October, 1998 Council Member Kuether moved to adopt Resolution No. 97 - 150, but requested that language be added to the effect that property owners do not pay for the proposed utilities until time of connection. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson clarified that the cost to residents for these improvements would be significantly higher were it not for the Highland Meadows Project. Mr. Ahrens agreed, citing the Bisel Amendment as the determining factor. Council Member Neal asked for the amount of assessment. Mr. Ahrens explained that sanitary sewer amounted to $33 per front foot, with $23 per front foot for watermain. The parcel is also assessed according to area, which is $2,114 per acre for watermain and $1,983 per acre for sewer; based upon the number of units for each parcel, each residential unit is $859 for sewer and $1,387 per unit for watermain. Finally, there is an assessment for surface water management. Council Member Bergeson asked for a typical cost for residential property. Mr. Ahrens responded $8,750. • • COUNCIL MINUTES OCTOBER 27, 1997 • Council Member Neal asked about the VFW property specifically. Mr. Ahrens indicated that he would supply that information to Council Member Neal following the meeting. • • Council Member Bergeson expressed his feeling that if the costs can be kept under $10,000 many residents will be interested in connecting to the utilities. Resolution No. 97 - 150 can be found at the end of these minutes. CONSIDERATION OF CITY ADMINISTRATOR'S RECOMMENDATION ON PERSONNEL ISSUES, RANDY SCHUMACHER Mr. Schumacher distributed a proposed disciplinary recommendation to Council members only, and requested that, due to the nature of this issue and the need to enforce the Data Privacy Act, Council take action to support the notice of disciplinary action as presented. Council Member Lyden moved to approve the notice of disciplinary action, as presented. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF A LETTER OF SUPPORT FOR A RICE CREEK WATERSHED DISTRICT REPRESENTATIVE, RANDY SCHUMACHER Mr. Schumacher explained that the City's representative on the Rice Creek Watershed Board is Mr. Andrew J. Cardinal. He has served the City well over the years, and is the only manager on the Board that has an agricultural/rural background. Mr. Cardinal has demonstrated an interest in remaining on the Board for another term. Mr. Schumacher requested authorization to submit a letter of support to the Anoka County Board requesting that Mr. Cardinal be nominated as the City of Lino Lakes Manager on the Rice Creek Watershed Board. Council Member Bergeson moved to approve authorization to submit a letter of support to the Anoka County Board requesting that Mr. Andrew J. Cardinal be nominated as the City of Lino Lakes Manager on the Rice Creek Watershed Board. Council Member Kuether seconded the motion. Motion carried unanimously. OLD BUSINESS - None. NEW BUSINESS Consideration of Minutes, September 22, 1997 (Council Members Kuether and Bergeson were absent) Council Member Lyden moved to approve the September 22, 1997 minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Members Bergeson and Kuether abstaining. Consideration of Minutes, October 13, 1997 (Council Member Lyden absent) Council Member Bergeson moved to approve the October 13, 1997 minutes, as amended to show Council Member Lyden absent. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden abstaining. COUNCIL MINUTES OCTOBER 27, 1997 ADJOURN Council Member Lyden moved to adjourn at 9:01 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the regular Council Meeting, November 10, 1997. CAL-t4JcP7-/ 14lyn erson, Clerk -Treasurer Jy, L. Landers, ayor Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. • • • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-150 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - LAKE DRIVE TRUNK UTILITY PROJECT. WHEREAS, a resolution of the City Council adopted the 9th day of June, 1997, fixed a date for a council hearing on the proposed improvement of Lilac Street between Apollo Drive and Lake Drive and Lake Drive from 35W to 79th Street by constructing watermain and sanitary sewer. WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 28th day of July, 1997, and August 11, 1997, at which all persons desiring to be heard were given an 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, including the construction of lateral watermain and sanitary sewer along Lake Drive, as proposed in the council resolution adopted the 9th day of June, 1997. 3. SEH, 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 27th day o October, 1997. aA ii2411, 44 , ,vwi24 v Marilyn G. Anderson, Clerk -Treasurer n L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Neal, Lyden, Landers. The following voted against same: None. Whereupon said resolution was duly passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-152 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) established a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and • • • • • WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year, and WHEREAS, for calendar year 1998, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during g the calendar year 1997, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life -cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED that the City of Lino Lakes hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. Adopted by the Council of the City of Lino Lakes this 27th Day of October, 1997. ,Ad ii is _ /n Landers, Mayor , ATTEST M rilyn G. Anderson, Clerk/Treasurer The Motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-154 RESOLUTION ADOPTING/REAFFIRMING PERSONNEL POLICIES ADOPTED IN NOVEMBER OF 1995 AS THE PERSONNEL POLICIES HANDBOOK FOR THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes has previously adopted Section 207 of the City Code as the Personnel Policies for the City of Lino Lakes, and WHEREAS, the Lino Lakes City Council has removed the bulk of its' personnel policies and procedures from ordinance form in the City Code, and WHEREAS, the City of Lino Lakes needs to maintain its' policies and procedures for the efficient management of employees. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council reaffirms that the personnel policies and procedures that were adopted in November 1995, are still the personnel policies under which the city will manage its' employees, and will be entitled the Personnel Policy Handbook. Adopted by the Council of the City of Lino Lakes this 27th day of October, 1997. ATTEST L. Landers, Mayor (� .�,�.L '40 L Marilyn Anderson, Clerk/Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers The following voted against same: None. Whereupon said resolution was declared passed and adopted. • • • • Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-154 RESOLUTION ADOPTING/REAFFIRMING PERSONNEL POLICIES ADOPTED IN NOVEMBER OF 1995 AS THE PERSONNEL POLICIES HANDBOOK FOR THE CITY OF LINO LAKES WHEREAS, the City of Lino Lakes has previously adopted Section 207 of the City Code as the Personnel Policies for the City of Lino Lakes, and WHEREAS, the Lino Lakes City Council has removed the bulk of its' personnel policies and procedures from ordinance form in the City Code, and WHEREAS, the City of Lino Lakes needs to maintain its' policies and procedures for the efficient management of employees. NOW, THEREFORE BE IT RESOLVED, that the Lino Lakes City Council reaffirms that the personnel policies and procedures that were adopted in November 1995, are still the personnel policies under which the city will manage its' employees, and will be entitled the Personnel Policy Handbook. Adopted by the Council of the City of Lino Lakes this 27th day of October, 1997. ATTEST ) (.:t -L. 4(.'0(;)j L Marilyn Anderson, Clerk/Treasurer L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers The following voted against same: None. • Whereupon said resolution was declared passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 97-155 CONSIDERATION OF RESOLUTION NO. 97-155 CLARIFYING THE LINO LAKES CITY COUNCIL'S INTENT OF THE ROAD RECONSTRUCTION REFERENDUM, BALLOT QUESTION NO. 2 WHEREAS, under current city charter the Lino Lakes City Council has authorization to pursue road reconstruction projects within the city, and WHEREAS, on April 14, 1997 the City Council authorized a feasibility report for the reconstruction of roads in Lakes Addition, located along the east shore of Reshanau Lake, and WHEREAS, pursuant to charter requirements, the city council has completed the public hearing process and the 60 waiting period has lapsed, and WHEREAS, on November 4, 1997, the question will be put to the general public at the city election to either support the proposed road reconstruction project with general fund tax revenues or reject the proposal, NOW, THEREFORE BE IT RESOLVED, 1. That if the road reconstruction question on the above referenced ballot is passed, the Lino Lakes City Council shall proceed with the road reconstruction plan as outlined in the Lino Lakes Feasibility Study for Lakes Addition street reconstruction improvements project # SEH No. A - Lino L 9716.00 2. That no city general fund tax dollars will be allocated for any other road reconstruction projects without a new ballot question being supported by the public. Adopted by the City Council this 27th day of October, 1997. l %J_ Marilyn G. • nderson Clerk -Treasurer on L. Landers, Mayor • • • The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon being voted thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers The following voted against same: None. Whereupon said resolution 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 October 27 , 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-156 RESOLUTION VACATING A PORTION OF THE 77TH STREET RIGHT-OF-WAY WHERE IT ABUTS MOLIN CONCRETE WHEREAS, the property owner has requested that the westerly 1,287.51 feet, more or Tess, of 77th Street as shown on the attached map be vacated, and WHEREAS, the portion of 77th Street indicated on the map has been reviewed by the City Engineer/Public Works Director and no adverse future problems were noted, and WHEREAS, a public hearing was held on September 10th, 1997 and October 8th, 1997 before the Planning and Zoning Board, and WHEREAS, it appears that it will be in the best interest of the City to vacate such portion of 77th Street, and WHEREAS, four fifths of all the members of the Council concur in this resolution, NOW, THEREFORE, BE IT RESOLVED, that the westerly 1,287.51 feet, more or less, of 77th Street as shown on the attached map be vacated. Adopted by the Council of the City of Lir Lakes this 27th day of October, 1997. ohn Landers, Mayor ATTEST Marilyn G. Anderson, Clerk/Treasurer • • • • • • The Motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted Council member introduced the following ordinance and move its adoption: CITY OF LINO LAKES ORDINANCE NO. 33-97 EMERGENCY ORDINANCE ALLOWING PARTIAL PREPAYMENTS ON ASSESSMENTS WHEREAS, The City of Lino Lakes does not have a current ordinance allowing partial prepayments on assessments, and WHEREAS, accepting partial prepayments on assessments greater than $100,000 is financially smart for the City, and WHEREAS, the City can invest the funds to earn high interest. NOW THEREFORE BE IT RESOLVED, that the Lino Lakes City Council adds Section 303.11 to the City Code. The Section will read as follows: Section 303.11. Allowing partial prepayments on assessments. The City will accept partial payments on assessments exceeding $100,000. This ordinance shall become effective immediately upon its passage by the City Council. Adopted by the City Council of Lino Lakes this 27th day of October, 1997. M rilyn . Anderson, Clerk Treasurer Landers - Mayor The motion for the adoption of the foregoing ordinance was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Where upon said ordinance was declared duly passed and adopted: • • •