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HomeMy WebLinkAbout05/27/1997 Council Minutes• • • COUNCIL MINUTES MAY 27, 1997 CITY OF LINO LAKES MINUTES NO DATE : May 27, 1997 TIME STARTED : 6:34 P.M. TIME ENDED : 9:25 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden MEMBERS ABSENT : Neal 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; Planning Consultant, Al Brixius; Police Chief, David Pecchia; Northwest Associated Consultants, David Licht; and Clerk -Treasurer, Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Bergeson moved to approve the consent agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM MINUTES, May 12, 1997 DISBURSEMENTS: ACTION Approved May 27, 1997 Approved ($187,251.26, Check Nos. 47647 - 47761) Consideration of Endorsing American Family Life Assurance Company Consideration of Gambling License, St. Joseph Catholic Church Emergency Ordinance No. 14 - 97. Extension of Residential Hauler's License Period Approved Approved Approved • • COUNCIL MINUTES MAY 27, 1997 RESOLUTIONS: Resolution No. 97 - 71, Accepting Donation from Friends of the Parks Foundation Resolution No. 97 - 72, Accepting Donation from PDI OPEN MIKE No one appeared under Open Mike. Approved Approved 6:30 P.M. - PUBLIC HEARING, VACATION OF JON AVENUE FROM LILAC STREET NORTH TO THOMAS STREET, THOMAS STREET FROM JON AVENUE WESTERLY TO LAURIE AVENUE, INDUSTRIAL BOULEVARD FROM LILAC STREET SOUTH, APOLLO BUSINESS PARK, MARY KAY WYLAND Ms. Wyland explained Jon Avenue is an unconstructed half -right-of-way north of Lilac Street and immediately west of the Behm's Century Farm 2nd Addition. The right-of-way is no longer necessary for street purposes and development in this area will not require the roadway to be constructed. She recommended vacation of the right-of-way and adoption of the Resolution No. 97 - 67. Ms. Wyland advised the vacated right-of-way will be returned to the adjacent property owners who have indicated no objection to the proposed vacation. Mayor Landers opened the public hearing at 6:37 P.M. There being no public input, Mayor Landers requested a motion to close the public hearing. Council Member Bergeson moved to close the public hearing at 6:37 P.M. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 97 - 67, Vacating a Portion of Jon Avenue (4/5ths Vote) - Ms. Wyland recommended adoption of Resolution No. 97 - 67 which will vacate a portion of Jon Avenue. Council Member Kuether moved to adopt Resolution No. 97 - 67 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 67 can be found at the end of these minutes. Consideration of Resolution No. 97 - 68, Vacating a Portion of Thomas Street (4/5ths Vote) - Ms. Wyland explained that Thomas Street is an unconstructed right-of-way north of Lilac Street and east of the unconstructed Laurie Avenue right-of-way. The right-of-way is no longer necessary for street purposes. She advised that development in this area will not require the roadway to be constructed as numerous wetland exist within the right-of-way and must be Ni\Cil ; 2 COUNCIL MINUTES MAY 27, 1997 avoided, if possible. She recommended vacation of the right-of-way and adoption of Resolution. No. 97 - 68. The vacated right-of-way will be returned to the adjacent property owners who have indicated no objection to the proposed vacation. Mayor Landers opened the public hearing at 6:39 P.M. There being no public input, Mayor Landers requested a motion to close the public hearing. Council Member Lyden, moved to close the public hearing at 6:39 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adopt Resolution No. 97 - 68 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 68 can be found at the end of these minutes. Consideration of Resolution No. 97 - 69, Vacating the Remaining Portion of Industrial Boulevard (4/5ths Vote) - Ms. Wyland explained that Industrial Boulevard is an unconstructed right-of-way located immediately to the west of 484 Lilac Street (Boe Ornamental). The right- of-way is the only remaining portion of the originally dedicated Industrial Boulevard which was vacated when the Apollo Business Park was platted. Now that the property immediately south of this right-of-way is being developed by Fogerty Investment with full access off Apollo Drive, this roadway is no longer needed. Ms. Wyland advised that Boe Ornamental is interested in • constructing an office/warehouse on their property adjacent to this right-of-way. Economic development staff is supportive of this vacation in an effort to assist Boe Ornamental in the construction of their new facility. Ms. Wyland explained the vacated right-of-way will be added to the Boe Ornamental property and used in their site development. Mr. Wessel displayed a colored site plan identifying the property under consideration and location of the right-of-way which is no longer needed. He identified the location of Boe Ornamental and the location of their proposed office/warehouse and provided an explanation of how the vacated right-of-way will be dispensed of. He reported that Boe Ornamental has been in Lino Lakes since 1983 and is a valued business which has expanded twice. He provided details regarding their plan to construct an expansion, a portion to be leased, which is not possible without the proposed right-of-way vacation. Mr. Wessel advised there is an option for the City to receive compensation for this one-half acre vacation. He reviewed the cost of the proposed expansion which would be eligible for up to $120,000 in TIF if it were a new business. However, Boe Ornamental is not eligible for TIF funding since they are already located in Lino Lakes. Mr. Wessel estimated the real value of the to be vacated one-half acre is in the range of $5,000 to $10,000 and recommended it be provided to Boe Ornamental as an incentive and without compensation to the City. Mayor Landers opened the public hearing at 6:44 P.M. • • COUNCIL MINUTES MAY 27, 1997 There being no public input, Mayor Landers requested a motion to close the public hearing. Council Member Lyden, moved to close the public hearing at 6:44 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Kuether asked if this item could be delayed until a decision is reached on Agenda Item No. 7B. Mr. Wessel agreed it could be delayed until the extension of trunk utilities into this area is discussed later tonight. Council Member Kuether moved to table further consideration of Agenda Item 3C, Resolution No. 97 - 69, until after Agenda Item 7B, Resolution No. 97 - 64, Order Preparation of Report on Improvement Lilac Street Utility Extension, has been determined. Council Member Lyden seconded the motion. Motion carried unanimously. POLICE DEPARTMENT REPORT, CHIEF DAVID PECCHIA Annual Report - Police Chief Pecchia presented and provided a detailed review of the 1996 Annual Report. He also advised of various police activities including number of homicides, assaults, robberies/burglaries, suspicious activity reports, threat reports, vehicular accidents, DUI arrests, reckless driving, criminal sexual conduct, weapons violations, narcotics violations, vehicle and snowmobile thefts, traffic warrants, medical assists, and radio calls. He attributed the low number of suspicious activity reports to having active Neighborhood Watch Programs and the low number of burglaries due to building checks conducted by reserve officers. He commented on the impact of these activities to Lino Lakes residents and stated his concern with regard to that impact and the Police Department's efforts to keep the number to a minimum. Police Chief Pecchia explained crime alerts which are being delivered to residents at this time to make them aware of the current burglary activity which is occurring. Police Chief Pecchia reported on youth activity and on the grant which was received to assist with youth involvement and efforts to get them involved in diversionary programs. He displayed a poster which encourages children to not skip school and explained how the Police Department works with business owners to report students who are skipping school. Police Chief Pecchia reported that in comparison with the 1995 statistics and reporting communities, Lino Lakes has the lowest crime index for Anoka County police departments. He reviewed the Part 1 crimes and explained the Lino Lakes data indicates its crime index is lower than Forest Lake, White Bear Lake, and neighboring communities which are patrolled by the Ramsey County Sheriffs Office. With regard to Part 2 crimes, Lino Lakes ranks 6th in Anoka County, which is in the middle. He advised the crime index for 1996 is still lower than other communities in 1995 which means Lino Lakes is one of the safest communities to live in within the area. I';AGl 4 COUNCIL MINUTES MAY 27, 1997 Police Chief Pecchia noted Lino Lakes has increased police community programs and added six reserve officers last year and six again this year. With nine active reserve officers, they have donated 1,752 hours to assist with local events, finding open doors, and assisting officers. He noted volunteerism within Lino Lakes is unmatched by volunteerism in other communities and thanked the Council and Lino Lakes citizens for their support. Council Member Lyden commended Police Chief Pecchia and the entire Lino Lakes Police Department for a job well done. Mayor Landers and the Council Members concurred. Council Member Kuether moved to accept the Police Department 1996 Annual report as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Hiring Police Officers - Police Chief Pecchia explained the Council previously approved the hiring of three police officers, two in June and one in August. He stated that eighteen candidates have been interviewed. After the oral interview process, a background investigation of the top seven candidates was completed. The top five candidates then participated in a final interview with the Police Chief and City Administrator. Police Chief Pecchia identified each of the top three candidates and reviewed their background. He recommended they be given a conditional job offer contingent upon successful completion of the background investigation, medical and psychological evaluations. Police Chief Pecchia reported on the community involvement within the hiring process and thanked Sandra Cheikh for her work on the interview process and noted she is also a Block Captain. Council Member Kuether asked if grants will be used for funding. Police Chief Pecchia explained the two officers who start in June will be funded under the federal grant. The officer hired in August will be funded from general fund dollars. In response to Council Member Lyden, Police Chief Pecchia recommended Kyle Leibel and Mitch Demars start in June and Shawn Silvera start in August. Council Member Kuether moved to authorize a conditional job offer to Mitch Demars, Kyle Leibel and Shawn Silvera contingent upon successful completion of the background investigation, medical and psychological evaluations. Council Member Bergeson seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Architectural Selection for the Lino Lakes Police Department Building - Mr. Wessel advised the Architectural Selection Committee received 13 submissions from architects for the Police Station in the Village. The Committee interviewed four finalists and narrowed the candidates to two. After further review, the Committee selected Leonard Parker Associates as its recommendation for architect/engineering services for the police station. Mr. Wessel advised Leonard Parker is an award winning, 40 -year-old firm with eight principals and a staff of 30 architects and support staff with experience in public facilities and educational P,AGI: • • • COUNCIL MINUTES MAY 27, 1997 projects. He reported the Selection Committee recommends the Council authorize staff and the City Attorney to begin negotiations on a contract with Leonard Parker, with a goal of executing the contract by the June 9, 1997, Council meeting. Council Member Lyden moved to authorize staff and the City Attorney to enter into negotiations for a contract with Leonard Parker Associates for the construction of the Lino Lakes Police Station. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Real Estate Lease for the Early Childhood Family Education Center - Mr. Wessel explained the Centennial School District wishes to locate its new Early Childhood Family Education Center in the Village in Lino Lakes. The School District is planning a 12,000 square foot facility as part of a complex of public buildings on the City -owned property. He noted the City has indicated its intent to Superintendent John McClellan that it will build the building and lease it to the School District at a rate in the range of $10 per square foot for ten years, with adjustments for inflation. At the end of the term, the City and School District can determine whether the School District's lease will be renewed, or if the facility will be used for police or City Hall expansion. Mr. Wessel recommended the Council direct staff to proceed with negotiations with the School District to build or lease a facility for a Centennial Early Childhood Family Education Center on City -owned land in the Village. Mr. Schumacher advised that, in the past, the City has shared facilities with the School District. Staff has met several times with Superintendent McClellan to better understand their timelines and intent. He stated this arrangement will be a win-win situation for the City, its residents, and the School District. Council Member Lyden inquired regarding the renewal option in the agreement and suggested something be outlined in the agreement that the primary authority will be the City. Mr. Wessel agreed this is a good suggestion and will be incorporated into the lease. Council Member Kuether questioned the rent rate. Mr. Wessel explained they need to settle the budget for the facility but he believes the estimate of a rate in the range of $10 per square foot is within the range of the construction costs for the facility. It was noted this facility will pay for itself over a period of ten years. Council Member Bergeson asked if the costs would be bonded or existing funds used. Mr. Schumacher stated this is a bondable project but it will depend on other improvement projects already undertaken by the City. Council Member Kuether suggested this be looked at before further negotiations with the School District. Mr. Schumacher explained consideration tonight is to authorize staff to proceed with School District negotiations. Once staff has an agreement. it will be discussed with the Council. 1'.A(ill 6 COUNCIL MINUTES MAY 27, 1997 At that time, staff will know exactly what type of project they are looking for, a "Cadillac" or a "Chevrolet." Council Member Kuether noted others are interested in a day care center. Mr. Wessel explained this building is intended as a learning facility and a day care facility would most likely be integrated into the YMCA program. Council Member Kuether moved to direct staff to proceed with negotiations with the School District to build or lease a facility for a Centennial Early Childhood Family Education Center on City -owned land in the Village. Council Member Bergeson seconded the motion. Council Member Bergeson requested clarification as to what happens at the end of the ten year term. Mr. Hawkins advised that at the end of ten years, the building becomes the property of the City and the original lease has no option to extend or acquire at the end of the ten year lease term. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Comprehensive Plan Neighborhood Meetings - Mr. Wessel announced the City is currently holding neighborhood forums to assist in the development of the City's Comprehensive Plan. The purpose of these neighborhood forums is to gather community input on any development concerns in the represented neighborhood and/or the City as a whole. He advised forums for Planning Districts 3 and 4 were held May 15 and 22 and were well attended with a good response and lively dialogue. Mr. Wessel advised the upcoming forum for Planning District 5 is scheduled for May 29, 1997 and Planning District 6 is scheduled for June 5, 1997. All Comprehensive Plan meetings are held at 6:00 P.M. at City Hall in the Council Chambers. Mr. Wessel also advised of two joint meetings with the Comprehensive Plan Task Force and City Council which are tentatively scheduled for July 17 and 24, 1997 to address the issue of growth and look for philosophy of growth options. He encouraged all property owners and interested parties to attend and provide input. Concept Approval for Comprehensive Plan Districts I and II, David Licht - Mr. Licht said the Comprehensive Plan Task Force has adopted the plan for Districts 1 and 2. A public hearing was held by the Planning and Zoning Board on April 9, 1997, and they unanimously supported the document and recommend its approval. Mr. Licht advised this document has had substantial discussion from the involved neighborhoods during the four neighborhood meetings, the Comprehensive Planning Task Force, the Planning & Zoning Board, and staff. He stated he believes the recommendation on land use and transportation elements is solidified but noted it must be tied in with the balance of the Comprehensive Plan and also reviewed by the Met Council, which are two contingencies being operated under. Mr. Licht anticipated referring the document (on an informational basis) to Met Council staff for their review and preliminary indication. He noted the Met Council Executive Director has • • • COUNCIL MINUTES MAY 27, 1997 indicated the option of using Lino Lakes as a test for density impact and allowing preliminary review of the City's document will enhance those abilities. Mr. Licht explained this is not the last time the Council will see this material. The Village guidelines are pending. They will be coming, and will be expanded into the Town Center. Mr. Licht noted the two areas involving zoning will be the Village Center and to address performance zoning in two areas within Planning District 2 along the aircraft area. He explained the Committee's concern as to appropriate use and, in essence, their conclusion that rather than trying to anticipate the best use they would offer an opportunity for the property owners to come forward with their proposal and guide it through performance criteria as to what is acceptable. Council Member Bergeson asked about the area by the sea plane base and noted the owner of this property came in several months ago with a proposal but was put off and asked to wait until the Comprehensive Plan was in place. Mr. Licht stated his impression was that the property owner was satisfied with this course of action and need for zoning text. Also, Mr. Hanson (the property owner) has indicated the performance criteria was a more objective way to approach it and indicated no objection. Mr. Wessel noted that Mr. Hanson is a resident participant in this District and has been part of the process. Council Member Bergeson inquired regarding the "park search area." Mr. Licht advised it is in the southern potion of District 2. He reported there was a lot of discussion about access to the lake and pedestrian path that surrounds it. Questions were also raised about developability due to the narrow width and flood plain. Due to those issues, the Task Force decided to look into the potential of public view access to the lake, regional park, and trail system. He advised this was strongly supported by the neighborhood. Council Member Lyden suggested the area by the air field be used for future expansion of the air field and noted it will also afford the ability to properly screen that area. He commented on the need for vision to afford it to grow and provide proper screening for the neighborhood. Council Member Lyden stated his concern about District 1 and asked how the City can tell people they want light industrial along Highway 49 when just a block or two away will be the Town Center where people will shop. He suggested light industrial be put in other places and set aside this intersection for commercial, not light industrial. Council Member Lyden emphasized this intersection is the City's front yard. Council Member Kuether concurred and stated she can't see industrial at that intersection. Mr. Licht reviewed the study prepared in 1990 by SEH of land uses and market study which suggested the opportunity for industrial development. He stated he shares the opinion that it is not a crisis if this land does not develop immediately. Mr. Licht challenged the Council to look at light industrial developments in communities like Plymouth, Eden Prairie. and Lakeville PAGE. S COUNCIL MINUTES MAY 27, 1997 where many neighbors would prefer abutting to light industrial contrasting to commercial. He explained a light industrial development can be a quality development with regard to landscaping and lighting, and it usually operates from 8 a.m. to 5 p.m. and not on weekends. He noted this type of project can be very attractive and not a deterrent but a positive "billboard" for the community. Another real issue with industry is the amount of traffic which will be generated since industrial property will have less than commercial and will not demand as much in terms of policing. He noted industry can also help to grow the City's tax base so it does not solely depend on residential activity. However, commercial development will not occur before the residential numbers are present. Mr. Licht reviewed the gross acreage within Lino Lakes which is zoned for commercial and stated this is a substantial amount of land and will yield almost five million square feet of commercial building. He stated the need is not present today based on the abundance of commercial land that is already present and undeveloped. He advised the major negative comment about industrial development from the District meetings is to not allow traffic into the potential residential neighborhood. Council Member Bergeson asked if other communities have more than two industrial zonings (light and heavy). Mr. Licht stated it is not unusual to have five to six industrial categories and explained how they differ. Mr. Wessel reviewed the negotiation with Glen Rehbein and option to include a campus type of development with limited access suited to small companies of less intensity than if used for commercial. He commented on the need for balance on the west side of Lino Lakes and noted the prime area for commercial uses. Mr. Wessel explained the east side and west side of Lino Lakes are very different and need to be self contained within their own planning district. Mayor Landers stated his understanding that a city of Lino Lakes size should be 10% commercial and inquired regarding the impact if land is taken from commercial and placed into a different zone. Mr. Wessel noted general planning guidelines indicate that a community of our size should have 10% of zoned land use for commercial and industrial combined and Lino Lakes currently has only one-half of that so there may be a concern about availability. He noted Mr. Licht has indicated there is an abundance of undeveloped commercial land. But, in the broad spectrum, the City does not have an abundance of commercially zoned land in terms of the general plan guidelines. Mr. Licht concurred and stated given the choice of development activity to pursue, there is more of a trend to go after industrial. He noted that if industry comes in and does not make it, it is only one industry in the whole perspective. But with commercial, the market area tends to change over time and when the trade area changes it causes problems. However, this does not occur with industry as long as the City has the ability to provide an employee base. PAGk O • • • COUNCIL MINUTES MAY 27, 1997 Council Member Lyden stated it appears there is not enough commercial zoning. The east side of the City will not support commercial development but would support light industrial. He suggested it makes sense to put commercial and industrial on the east side because there will not be a more appropriate place for commercial except where you have light industrial. Council Member Kuether concurred. Council Member Lyden suggested commercial along Highway 49 to serve those neighbors with light industrial behind the commercial lands. Mr. Licht suggested this issue be readdressed with the Task Force and Neighborhood Districts since that was not their recommendation. Until this review can occur, he suggested the item be tabled. Council Member Bergeson stated he does not have the same concern with light industrial and thinks the key is what kind of light industrial is being considered. He suggested an expansion of light industrial zones beyond the present two. Mr. Licht reiterated his recommendation to table further discussion to allow both Neighborhood Districts to provide input and comment and a public hearing advertised and held by the Planning & Zoning Board if there is a change. Council Member Bergeson noted the Council generally supports the plan for Districts I and II, except for that one area. Council Member Kuether asked about the permitted uses under Light Industrial. Mr. Brixius read the list of permitted uses in the current ordinance. Council Member Kuether moved to indefinitely table consideration of the Comprehensive Plan for Districts 1 and 2. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Rezone and Minor Subdivision, Gethsemane United Methodist Church, (4/5ths vote Required on Rezoning and Comprehensive Plan Amendment), Al Brixius and Mary Kay Wyland - Mr. Brixius advised that Gethsemane United Methodist Church has submitted a request to rezone a portion of their 8.9 acre property located north of Elm Street and east of TH 49 (7330 Lake Drive) from R-3, Medium Density Residential to R-1, Single Family Residential. He explained the applicants wish to rezone the eastern one-half of their property to accommodate the future construction of a parsonage and a seven lot single family residential subdivision. In conjunction with the requested rezoning, the applicants have requested approval of a three lot minor subdivision. Mr. Brixius noted the boundaries of the proposed lots coincide with the boundaries of the existing church, the proposed parsonage and future residential subdivision. It is anticipated that a preliminary plat application for the single Gamily residential development will be received at some point in the near future (six months or more). I':AGl'i 10 COUNCIL MINUTES MAY 27, 1997 Consider FIRST READING of Ordinance No. 15 - 97, Rezone Gethsemane United Methodist Church Property and Comprehensive Plan Amendment - Mr. Brixius reviewed the staff report with regard to the rezoning, Comprehensive Plan, compatibility, public services, and performance standards and advised decisions regarding land use appropriateness are considered matters of City policy to be determined by City officials. If the Council finds the proposed land use to be acceptable, staff would recommend approval of the rezoning request. This rezoning approval should, however, be made contingent upon the City amending its Comprehensive Plan (Land Use Plan) such that low density residential use is guided upon the subject site. If considered for approval, Mr. Brixius recommended the following conditions: 1. The subdivision include the formal dedication of the Stage coach Trail right-of-way with the understanding that Parcels B and C will be financially responsible for the future construction of the street. 2. The City Engineer provide comment and recommendation in regard to utility issues. 3. Any other comments of City staff Council Member Bergeson asked why the Planning & Zoning Board's recommendation is for approval but staffs recommendation is open. Mr. Brixius noted the recommendation of the Planning & Zoning Board and explained any land use change is ultimately a Council determination. Council Member Bergeson noted sometimes churches grow and need more area for parking. He asked if this is an adequate piece of property for future needs. Mr. Brixius stated this is difficult to estimate but Parcel A, as shown, appears to have adequate room and setback to accommodate an expansion with some parking. He noted with utilities in the immediate vicinity, land becomes available for expansion. Mr. Brixius stated it appears the site serves the needs of the church and there is area for expansion. Council Member Bergeson asked if the entire parcel is tax exempt and when this would change in status. Mr. Hawkins advised this occurs when title is changed from the church. Council Member Lyden moved to approve the FIRST READING of Ordinance No. 15 - 97, Rezone, Gethsemane United Methodist Church property, and to approve a Comprehensive Plan Amendment (Land Use Plan) such that low density residential use is guided upon the subject site (as shown on draft town Center Land Use Plan) subject to three conditions as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consider Minor Subdivision - Council Member Bergeson moved to approve the Minor Subdivision of Gethsemane United Methodist Church Property subject to three conditions as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, Rick Carlson/Junes Property, 599 - 62nd Street - Ms. Wyland explained that Mr. and Mrs. Junes own approximately 30 acres at 599 - 62nd Street and have agreed to sell 21.66 acres to Mr. Rick Carlson but will keep the existing homestead and P,1(i1: 11 • • • • COUNCIL MINUTES MAY 27, 1997 barn on 8.36 acres. The property is zoned Rural and is located immediately west of the Colonial Woods Development, north of 62nd Street and south of Birchwood Acres. West Shadow Lake Drive currently dead -ends at the north property line. Ms. Wyland advised the request is to provide three separate parcels. Parcel A would be 13.41 acres in size and dedicated to the City of Lino Lakes for park purposes. The City Park Board reviewed this request and recommend approval of this park dedication. The Park Comprehensive Plan indicates park area in this location being added to the existing park land in the Park Grove and Birchwood Acres subdivisions. The plan is that this park dedication will be credited to Mr. Carlson for his future development known as Miller's South Glen which was approved by the P & Z at their February meeting. The actual credit to Mr. Carlson will be for only the upland portion of this site or 3.94 upland acres. Parcel B is 8.36 acres and planned to be retained by the Junes' as their homesite. Parcel C will be 8.25 acres in size and held by Mr. Carlson for future development purposes. As previously mentioned, this parcel of property has access to West Shadow Lake Drive which is ultimately planned to be extended through this to 62nd Street. Utility services are also available at this location. Ms. Wyland advised staff has reviewed this request and recommends approval since the proposed subdivision will provide park land as outlined in the Park Comprehensive Plan, preserve acreage for future development off West Shadow Lake Drive, and maintain the existing Junes homesite. The Park Board has agreed to accept the park land dedication for Miller's South Glen plat and additionally credit Mr. Carlson for future development in this area. Also, the Planning and Zoning Board unanimously voted to approve this minor subdivision request. Council Member Bergeson noted in this case, it is theoretically possible to consider this request twice (with another parcel split from the homestead in the future). He asked if this second downsizing is prohibited. Ms. Wyland stated it is not prohibited if access to utilities is provided to the remaining piece. She explained the Junes want to keep eight acres because they have horses and want to be certain they have adequate acerage. Council Member Bergeson pointed out this split fits within the ordinance but it does not guarantee the proposed residential development. Ms. Wyland concurred and advised Mr. Carlson is aware of this. Council Member Lyden inquired regarding the spirit and intent of Ordinance 93 - 18. He stated if the intent is unclear, perhaps it should be reviewed. Ms. Wyland advised the intent is to allow existing families to remain in their home and sell the balance of their property. Council Member Bergeson moved to approve the minor subdivision, Rick Carlson/Junes Property, 599 - 62nd Street, with the condition that Parcel A be dedicated to the City of Lino Lakes for park purposes as approved by the Park Board. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Landers declared a short recess at 8:29 P.M. The meeting was reconvened at 8:42 P.M. 1 \G1 12 COUNCIL MINUTES MAY 27, 1997 Consideration of a Minor Subdivision, Gerald Blackbird, 8257 West Rondeau Lake road, Al Brixius - Mr. Brixius reported that Gerald Blackbird has submitted a request to convey one acre of an existing 4.9 acre tract of land located north of 81st Street and west of Rondeau Road West to an adjacent +15 acre tract. The purpose of this subdivision is to correct a previous surveying error which resulted in the applicant constructing a driveway and tennis court so they partially lie upon the 4.9 acre tract. Mr. Brixius explained that to accommodate the proposed land division, consideration must be given to a variance to allow the creation of a lot less than 10 acres in size within a Rural zoning district; creation of a lot which does not have full frontage on a publicly dedicated and improved street; and creation of a lot less than 330 feet in width within a Rural, zoning district. Mr. Brixius stated it is easy to determine denial since the plight was created by the landowner and the site can be put to reasonable use if the variances are denied. However, approval would correct the lot lines and place site improvements on the proper parcel. He explained a decision regarding the necessary lot area and width variances is a policy matter to be determined by city officials as justification can be made for both approval and denial. Mr. Brixius advised the Planning & Zoning Board recommends approval based on the following findings: 1. The granting of requested variances in keeping with the spirit and intent of the ordinance. 2. The granting of the variances will not unreasonably diminish or impair established property values in the neighborhood. 3. Because the granting of the variances do not provide the applicant any additional development rights (i.e., increased density) approval will not confer any special privileges denied to other lands. Council Member Lyden moved to approve the following variances for Gerald Blackbird, 8257 West Rondeau Lake Road: 1. The creation of a lot less than 10 acres in size within a Rural, zoning district. 2. Creation of a lot which does not have full frontage on a publicly dedicated and improved street. 3. Creation of a lot less than 330 feet in width within a Rural, zoning district. and based on the three findings presented by staff. Council Member Kuether seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the minor subdivision, Gerald Blackbird, 8257 West Rondeau Lake Road. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Site Plan Review, ACCAP Move in House - Ms. Wyland explained that the Anoka County Community Action Program (ACCAP) has requested site plan review to allow a home to be moved into the City from Shoreview and located on Lot 4, Block 3, Lexington Park Lakeview. This property was originally owned by the City of Lino Lakes and recently approved PAGE : • • • COUNCIL MINUTES MAY 27, 1997 for sale to ACCAP. ACCAP received this home as a donation and plans to make it available to a low- or moderate -income first time homebuyer. The proceeds from the sale of this lot to ACCAP will be directed to the City's Housing and Redevelopment Authority (HRA) for their use. Ms. Wyland advised the property in question is zoned R-1 and indicated as residential on the City's Land Use Map. The home can be located on the lot so as to meet the setback requirements as can the proposed detached garage which is proposed due to the house construction with windows and an entry located on the north side. Utilities will be provided to this property across Sunset Avenue from Blaine. Ms. Wyland advised the City's Building Inspector has inspected this dwelling and indicated it is structurally sound. Also, the building design and age should blend in with the character of the existing neighborhood and will enhance the value of the site. He has indicated that with some minor improvements, the home can conform to existing City and State requirements. A new foundation will be required including some plumbing, electrical, and heating work. Ms. Wyland indicated the Planning and Zoning Board unanimously voted to approve this site plan with conditions and Staff recommends approval of this relocation with the following conditions: 1. Proper building permits be obtained prior to any construction to insure all improvements meet State and City code. 2. Sewer and water utilities be extended to serve the site. 3. A hard -surfaced driveway be provided subject to the review and approval of the City Engineer. 4. The structure conform to all setback requirements. 5. One tree be provided in the front yard, subject to review and approval of the City Forester. 6. Other conditions as imposed. Council Member Kuether noted that other homes have had to construct an attached garage. Ms. Wyland advised the Code is designed for new construction and there are homes in this neighborhood which also have detached garages. She explained that attaching a garage to this particular house would greatly detract from the aesthetics of the house. Mr. Schumacher inquired whether the requirements will be the responsibility of ACCAP or the new homeowner Ms. Wyland advised ACCAP would be required to meet those conditions prior to the issuance of a Certificate of Occupancy. Council Member Kuether moved to approve the site plan review for Anoka County Community Action Program to allow a home to be moved into the City on Lot 4, Block 3, Lexington Park Lakeview, subject to the six conditions as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Minor Subdivision, Craig Severson, 8134 East Rondeau Lake Road - Ms. Wyland explained the Planning and Zoning Board approved a minor subdivision for Mr. Alan Donat at 8134 West Rondeau Lake Drive in June of 1996. Since that time, Mr. Donat sold the entire parcel. 16+ acres to Craig Severson. However, neither Mr. Donat or Mr. Severson PAGI. 14 COUNCIL MINUTES MAY 27, 1997 recorded the original subdivision with the County. Mr. Severson would now like to redraw the property lines and provide for two parcels of property, one 12.6 acres and the other four acres. The four acre site would contain the existing homestead and outbuildings. Ms. Wyland explained the original subdivision approved by P & Z and the Council created two parcels, one ten acres in size containing the barn and the other six acres in size containing the existing homestead and two outbuildings. The property is zoned Rural and indicated as such in the City Comprehensive Plan. It was noted Ordinance No. 93 - 18 allows a property constructed prior to July of 1992 to reduce the homesite to a minimum of one acre provided the balance of the site is ten acres or more. Ms. Wyland advised staff has reviewed this request and recommends approval of the rearrangement of the lot lines to create one 4.09 acre parcel containing the homesite and one 12.06 acre parcel with the condition that a $500 park dedication fee be required for the newly created parcel. This fee shall be collected prior to recording the subdivision with the County. The Planning & Zoning Board unanimously approved this minor subdivision, however, they did express concern that the original subdivision may be recorded rather than this revision. Therefore, staff would suggest that Council add a condition that the original subdivision, approved in June of 1996 be considered null and void. Council Member Kuether moved to approve the minor subdivision, Craig Severson (Alan Donat Property), 8134 West Rondeau Lake Drive, to provide for two parcels of property, one 12.6 acres and the other 4 acres (with existing homestead and outbuildings) subject to the condition that a $500 park dedication fee be required for the newly created parcel and paid prior to recording the subdivision with the County, and that the original subdivision approved in June of 1996 be considered null and void. Council Member Bergeson seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Resolution No. 97 - 62, Approve Plans and Specifications and Order Advertisement for Bids, Village Drive - Mr. Ahrens explained the construction of streets to serve Fairview Clinic and future development projects, such as the police station and bank site, require that streets be constructed this summer. He advised that OSM, Inc., has prepared plans and specifications to construct Town Center Parkway and Village Drive. Mr. Ahrens reviewed the project schedule (if approved) indicating bid opening June 19, award of bids June 23, construction to begin July 7, and substantial completion by August 11, 1997. He recommended the adoption of Resolution No. 97 - 62. Mr. Ahrens reviewed the project area and point of termination. He explained wily the last portion (about 200 feet) will be temporary without concrete curb and gutter. Council Member Bergeson moved to adopt Resolution No. 97 - 62 as presented Council Member Lvden seconded the motion. Motion carried unanimously. • • COUNCIL MINUTES MAY 27, 1997 Resolution No. 97 - 62 can be found at the end of these minutes. Resolution No. 97 - 64, Order Preparation of Report on Improvement, Lilac Street Utility Extension (4/5ths Vote) - Mr. Ahrens explained that Boe Ornamental is planning the construction of a new building to expand their business located on Lilac Street. Their property is not currently served by sanitary sewer or water and it is necessary that these utilities be made available to serve the new construction. In order to accommodate their schedule to complete their project this year, it is necessary that the City prepare a feasibility report to determine the construction costs and assessments. Mr. Ahrens reported staff has discussed the estimated assessment amounts with Boe Ornamental and they are still interested in the project. He stated he has contacted adjoining property owners and reached three of the five that will be effected by this project. Two indicated they were not interested and one indicated a cautious consent until the feasibility report provides a better estimate of the cost. Mr. Ahrens noted the properties on the south side of Lilac Street are located in the "Charter Exemption" area of Lino Lakes while properties on the north side of Lilac Street are Charter areas. Council could order the project and assess property owner for the improvement if a portion of the property owners object to the assessment amounts. However, this is a policy decision that Council will have to make depending on interest by the property owners in the project. He noted staffs recommendation the feasibility report be prepared to provide a better cost estimate. If the decision is reached not to pursue, this report could be used in the future. Mr. Schumacher inquired regarding a rough project estimate. Mr. Ahrens estimated 1,200 feet at $100 per lineal foot, or a range of $120,00 to $150,000. Council Member Bergeson stated most discussion about utility service has to do with residential properties and a long-term goal of the City should be to serve commercial and industrial properties so a feasibility study may be beneficial. Karen Boe, petitioner, stated she has nothing to add to staff's report. Mayor Landers asked if this is considered a City initiated project or property owner initiated project. Mr. Ahrens stated it is initiated by the property owner but since the number petitioning does not meet the required percentage, it is actually a City initiated project. Thus the requirement for a 4/5ths vote. Council Member Kuether expressed concern since only one property owner has indicated support. However, she believes a feasibility report should be done since it can be used in the future. Council Member Kuether stated she may not support the project if only one property owner is in support. Council Member Bergeson moved to adopt Resolution No. 97 - 64 as presented. Council Member Lydell seconded the motion. Motion carried unanimously. I':Al: 16 COUNCIL MINUTES MAY 27, 1997 Resolution No. 97 - 64 can be found at the end of these minutes. Resolution No. 97 - 65, Final Payment, 49/23 Intersection Improvement - Mr. Ahrens explained the Trunk Highway 49 and County State Aid Highway 23 intersection project is complete and final quantities tabulated. He explained the proposed resolution allows final payment on the project to the contractor, Forest Lake contracting, and starts the one-year warranty period. Since Forest Lake Contracting has submitted the necessary withholding affidavits but not yet submitted lien waivers from subcontractors, staff recommends approval of final payment contingent upon receipt of all lien waivers. Mr. Ahrens noted that authorizing final payment allows the City to invoice Anoka County for their share of the project, approximately $658,320. He reviewed the original contract amount was $1,295,564.52, final contract quantities amount was $1,459,082.09, and supplemental and work orders equaled $128,079.75 for a total construction amount of $1,587,161.84. Mr. Ahrens explained the final contract amount resulted in a $291,597.32 increase from the original contract amount and the portion of this amount that is Lino Lakes' share is $13,703.44. Council Member Lyden moved to adopt Resolution No. 97 - 65 contingent upon receipt of all lien waivers from Forest Lake Contracting. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 65 can be found at the end of these minutes. Mr. Ahrens updated the Council with regard to the one pending litigation with a property owner abutting this project. Consideration of Resolution No. 97 - 69, Vacating the Remaining Portion of Industrial Boulevard - Continued - Mayor Landers noted this item had been tabled previously tonight. Mr. Wessel reviewed his recommendation to adopt Resolution No. 97 - 69 which will approve the vacation with no compensation to the City. It was noted that as the project is presently designed, it cannot proceed without City water and sewer. Council Member Kuether asked if the decision should wait until it is known if sewer and water will be extended. Mr. Wessel recommended the vacation at this time since the property is of no use to the City and the sooner it is transferred to Boe Ornamental, the sooner they can start the process for expansion which is of benefit to the City's economical interest. He added staff would not recommend vacation if it were at all possible that this property could be of benefit to the City. Mr. Ahrens explained the need for a roadway is gone with the development of Apollo Drive and this right-of-way serves no purpose to provide access to other properties. Council Member Bergeson moved to adopt Resolution No. 97 - 69 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 69 can be found at the end of -these minutes. PAGE 17 • • • • • COUNCIL MINUTES MAY 27, 1997 OLD BUSINESS - None. NEW BUSINESS Recognition of the Economic Development Promotional Award, Randy Schumacher - Mr. Schumacher reported the City of Lino Lakes was recently named a winner in the American Economic Development Council (AEDC) 1997 Sales Literature and Promotional materials awards competition and received an "Excellent" award for its "General Purpose Promotion," for creating a positive image of the City through a series of promotional items. The City also won Honorable Mention for the Lino Lakes poster in the "Memento" category. Mr. Schumacher recognized Mr. Wessel and his staff for receiving this award from the 1,100 entries that competed in this category. Mr. Wessel thanked the Council and stated the credit really should go to Community Development Assistant Mary Alice Divine and David Gredzens, who were the Graphic Designers that designed the promotional material. He reported on an invitation -only urbanization conference he will be attending in Toronto, Canada, and explained the types of topics to be addressed. Mayor Landers extended his appreciation. ADJOURN Council Member Kuether moved to adjourn at 9:25 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, June 9, 1997. n G. Anderson, Clerk -Treasurer Transcribed by: Carla Wirth TimeSaver Off Site Secretarial Jo n L. Landers, Mayor I'.AGI 18 Council Member Bergeson introduced the following resolution and moved its adoption. • CITY OF LINO LAKES Ordinance No. 14-97 AN EMERGENCY ORDINANCE AMENDING THE LINO LAKES CODE BY EXTENDING EXISTING LICENSES AND PROVIDING FOR A TERMINATION DAYE OF DECEMBER 31, 1997 FOR RESIDENTIAL HAULER'S LICENSE. The City Council of the City of Lino Lakes ordains that the Lino Lakes Code is amended as follows: SECTION 1. DECLARATION OF NEED FOR EMERGENCY ORDINANCE. By a previous ordinance the City Council has adopted a residential organized solid waste collection system. That system takes effect January 1, 1998. Licenses issued under the existing system expire June 1, 1997. No provision exists for extension of existing licenses. Council finds it is necessary to authorize the extension of existing licenses in order to provide for a continuation of residential solid waste collection services and to avoid the obvious harm to the public peace, health, morals, safety and welfare which would be caused by a lapse in the colleciton of residential solid waste. SECTION 2. RESIDENTIAL SOLID WASTE COLLECTION LICENSE. Section 507.04, Subd. 1A, be amended to include the following new subpart (G). (G) Licenses for residential solid waste colleciton issued and valid for the period of June 1, 1996 through May 30, 1997, expiring on June 1, 1997, are hereby extended for a period of six (6) months with the new termination date of December 31, 1997. An application for a new license to commence June 1, 1997 shall be made in the same manner as otherwise provided herein. SECTION 3. EFFECTIVE DATE. The effective date of the amended ordinance herein shall be May 30, 1997. PASSES this 27th day of May, 1997, by the Lino Lakes City Council. o n Landers, Mayor Attest: Marilyn Anderson, Clerk • • • • Resolution 14-97 The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and up on vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-62 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - VILLAGE DRIVE WHEREAS, the City owns the property included in The Village plat. WHEREAS, OSM, Inc., has prepared plans and specifications for the improvement of Village Drive 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 Thursday, June 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, June 23, 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 27th d.y of May, 1997. Marilyn G. • nderson, Clerk -Treasurer L. Landers, Mayor 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, Landers. The following voted against same: None, Council Member Neal was absent. 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 May 27, 1997. • ��h 4% Marilyn G. Anderson, Clerk -Treasurer • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-64 RESOLUTION ORDERING PREPARATION OF REPORT FOR LILAC STREET WATER AND SEWER IMPROVEMENTS WHEREAS, it is proposed to improve Lilac Street between Fourth Avenue and Apollo by constructing watermain and sanitary sewer and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 27th d- of May, 1997. .z.e.A.4_e. Mari yn G.44nderson, Clerk -Treasurer L. Landers, Mayor 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, Landers. The following voted against same: None, Council Member Neal was absent. 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 May 27, 1997. lyn G. Anderson, Clerk -Treasurer • Council Member Bergeson introduced the following resolution and • moved its adoption: • CITY OF LINO LAKES RESOLUTION NO. 97-65 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENTS 1 & 2 AND WORK ORDERS 1 - 6 AND APPROVING PAYMENT 9 (final) FOR TH 49/CSAH 23 INTERSECTION PROJECT WHEREAS, the construction of TH 49/CSAH 23 Intersection Project has been completed by Forest Lake Contracting, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Supplemental Agreements 1 & 2 and Work Orders 1 - 6 and Payment number 9 (final) in the amount of $1,000 is approved for a total contract amount of $1,587,161.84. Adopted by the City Council this 27th day of M , 1997. L. Land Jo ers, Mayor ar lyn G. 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 favor thereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: None, Council Member Neal was absent. 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 May 27, 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-67 RESOLUTION VACATING A PORTION OF THE JON AVENUE RIGHT-OF-WAY WHEREAS, a development plan for the area surrounding Jon Avenue north of Lilac Street has been developed, and WHEREAS, the development plan indicates that Jon Avenue north of Lilac Street will not be needed, and WHEREAS, a public hearing was held on May 27, 1997 before the City Council in the City Hall after due published and posted notice had been given in the May 6th and 13th edition of the Quad Press and all persons interested were given an opportunity to be heard; and WHEREAS, it appears that it will be in the best interest of the City to vacate such portion of Jon Avenue, and WHEREAS, four-fifths of all the members of the City Council concur in this resolution. NOW, THEREFORE, BE IT RESOLVED, that the portion of Jon Avenue north of Lilac Street and shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino Lakes this 27th day of April, 1997. ATTEST Mari1'yn G. 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 favorthereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution \vas declared passed and adopted • • KI MARSHAN LAKE Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-68 RESOLUTION VACATING A PORTION OF THE THOMAS STREET RIGHT-OF-WAY WHEREAS, a development plan for the area surrounding Thomas Street east of the unconstructed Laurie Avenue north of Lilac Street has been developed, and WHEREAS, the development plan indicates that Thomas Street in this location will not be needed, and WHEREAS, a public hearing was held on May 27, 1997 before the City Council in the City Hall after due published and posted notice had been given in the May 6th and 13th edition of the Quad Press and all persons interested were given an opportunity to be heard; and WHEREAS, it appears that it will be in the best interest of the City to vacate such portion of Thomas Street, and WHEREAS, four-fifths of all the members of the City Council concur in this resolution. NOW, THEREFORE, BE IT RESOLVED, that the portion of Thomas Street east of the unconstructed Laurie Avenue and north of Lilac Street as shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino . kes this 27th day of April, 1997. ATTEST L. Landers, Mayor Mai`ilyn G. 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, Landers. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. • '1 S -eocwrf--NWt-R/ON110rwa r-nlr NO SO -aUWfM-NWIrr-RIiNFOF 095 /[4F N6411001 -1S' -1- �•9 LINO LAKES REHABILITATION CENTER MARSHAN LAKE Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-69 RESOLUTION VACATING A PORTION OF THE INDUSTRIAL BLVD. SOUTH OF LILAC STREET WHEREAS, a development plan for the area surrounding Industrial Blvd. has been developed, and WHEREAS, the development plan indicates that Industrial Blvd. south of Lilac Street will not be needed, and WHEREAS, a public hearing was held on May 27, 1997 before the City Council in the City Hall after due published and posted notice had been given in the May 6th and 13th edition of the Quad Press and all persons interested were given an opportunity to be heard; and WHEREAS, it appears that it will be in the best interest of the City to vacate such portion of Industrial Blvd. south of Lilac Street, and WHEREAS, four-fifths of all the members of the City Council concur in this resolution. NOW, THEREFORE, BE IT RESOLVED, that the portion of Industrial Blvd. south of Lilac Street and shown on the attached map is hereby vacated. Adopted by the Council of the City of Lino L� es this 27th day of April, 1997. ATTEST L -D7 Marilyn G. 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, Landers. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted REHABILITATION CENTER MARSHAN LAKE Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97 - 71 A RESOLUTION ACCEPTING DONATION FROM THE FRIENDS OF THE PARKS FOUNDATION WHEREAS, the Lino Lakes Police Department has established a reserve officer program, and WHEREAS, the Lino Lakes Police Department has made known to the Friends of the Parks Foundation that funding for this program will come from public donations, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $200.00 for use in supporting the Police Department reserve officer Program and wishes to express its sincere gratitude and appreciation to the Friends of the Parks Foundation for its donation. Adopted by the Lino Lakes City Council this 27th day of May, 1997. Mar lyn G. 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, Landers. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. • • Council Member adoption: Bergeson introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97 - 72 A RESOLUTION ACCEPTING DONATION FROM PDI FOR THE RICE LAKE ELEMENTARY SCHOOL SAFETY PATROL TO VISIT CAMP SNOOPY AT THE MALL OF AMERICA WHEREAS, a visit to Camp Snoopy at the Mall of America was given to the school patrols in appreciation of their efforts this past school year, and WHEREAS, PDI has made a donation of $50.00 to defer the costs, and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby accepts the donation of $50.00 for a portion of the costs to Camp Snoopy and wishes to express its gratitude to PDI for its donation. Adopted by the Lino Lakes City Council this 27th day of May, 1997. i9' Jo L. Landers, Mayor � c�-zoo Mari yn G. nderson, Clerk -Treasurer • 4r1 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 favorthereof: Bergeson, Kuether, Lyden, Landers. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted.