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HomeMy WebLinkAbout06/23/1997 Council Minutes (2)• • • COUNCIL MINUTES JUNE 23, 1997 CITY OF LINO LAKES MINUTES DATE : June 23, 1997 TIME STARTED : 6:32 P.M. TIME ENDED : 9:29 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Planning Consultant, Al Brixius; Police Chief, David Pecchia; and Clerk -Treasurer, Marilyn Anderson. Mayor Landers advised that Agenda Item 6B, Public Facility Architectural Contract and Item 8, Consider Directing Solid Waste Coordinator Regarding Organized Collection, will be deleted from the agenda and Agenda Item 12C, Accept Letter of Resignation from Probationary Police Officer, will be added to the agenda. 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 MINUTES, See New Business DISBURSEMENTS: ACTION Approved June 23, 1997 Approved ($597,007.36, Check Nos. 47910 - 48029) Centennial Fire District (May 23, 1997) Approved OPEN MIKE No one appeared under Open Mike. 6:30 P.M. - PUBLIC HEARING, WARE ROAD IMPROVEMENT, DAVID AHRENS Mr. Ahrens explained on May 12, 1997, Council called a public hearing for June 23, 1997, to solicit comments from staff and property owners regarding the improvements to Ware Road. including, the installation of sanitary sewer. vvatcrmain, storm sewer and reconstructing Ware Road. This public hearing is required per Minnesota State Statutes 429 and the Lino Lakes COUNCIL MINUTES JUNE 23, 1997 Charter. A feasibility report was prepared by OSM, Inc., and accepted by Council on May 12, 1997. Three (3) neighborhood meetings were held to present information relating to the proposed project including project costs, assessments, street design, trail location, parking areas, and the City Charter. Also, the proposed street and trail locations were staked along the length of Ware Road. Mr. Ahrens reviewed the information distributed tonight including a revised assessment roll which is reduced by about $1,000 per property for a new total of $15,100, and comments received from residents at neighborhood meetings. Tim Murphy, OSM, Inc., discussed the improvement and existing marginal condition of Ware Road which ranges between 19 and 20 feet in bituminous width with a gravel shoulder of three (3) to six (6) feet. He reported it needs at least an overlay to bring the condition up to driveable standard and noted the proposal to increase the width to 36 feet from Hawthorn Road to Birch Street to accommodate parking and 32 feet wide from Ash Street to Hawthorn Road. He noted the proposed bituminous trail, curb and gutter to convey storm water to a storm sewer system, and explained how the pond in the Pineridge Addition will accommodate a portion of the storm drainage. Mr. Murphy recommended extending water and sewer mains under the street at this time which will provide some economies. He reviewed the area of utility extension and properties to be served. Mr. Murphy then provided details on the estimated project costs for street and storm sewer of $950,000, sanitary sewer of $180,000, and watermain of $215,000 for total construction project $1,341,500. He explained the need for permanent easements for ponds which may cost about $5,500 plus a 10% contingency to cover things that may come up during construction (such as bad soils) and a 30% contingency for legal, engineering, design, and surveying costs. The total estimated project cost is $1,925,000. Mr. Murphy reviewed project funding sources proposing assessments of $374,064, City contribution of $421,286 and State Aid of $1,129,650. The construction time table indicated, if approved, the project would start in May of 1998 and the final wear course completed in June of 1999. He commented on the advantage of delaying the final course until after a winter season. Mr. Ahrens explained the 60 day waiting period which commences from the closing of the public hearing during which time residents can petition for or against the project. The Charter also indicates if the actual construction bids are 10% over what is presented, the Council cannot award the project unless they wait an additional year. The proposed assessment is $2,000 per lot for street and storm sewer (regardless of lot size). If the property is subdivided with a driveway on Ware Road, the City is able to pick up that assessment at a future time. For properties without sewer and water, the total connection charge is estimated at $13,154. Council Member Neal asked if the people want this road fixed. Mr. Ahrens suggested the public be allowed to speak to that issue during the public hearing. He summarized the concern expressed at the public informational meeting is that this is a collector street and, perhaps, other properties that utilize this roadway should also be assessed. Mr. Ahrens commented on the difficulty in determining the increased property value (for assessment purposes) when the properties are not located directly on Ware Road. He stated it appears residents know the road needs to be improved and like the trail and parking design. however, they feel others should also contribute. • COUNCIL MINUTES JUNE 23, 1997 Council Member Kuether asked if property owners will only be assessed $2,000, at this time, and then, in the future when they connect, they would pay the connection fee. Mr. Ahrens stated this is correct and until the MUSA is extended the resident is required to prove need to connect. He noted a hook up ordinance is also being considered tonight which allows a seven year period of time between utility connections. Council Member Bergeson inquired regarding the proposed assessment for sewer and water improvements. Mr. Ahrens advised it includes area unit charges and estimated construction costs. He also explained how this rate will be adjusted to the current area unit charge at the time connection is made. Mr. Ahrens estimated that cost will probably increase by 2% to 4% per year. Mayor Landers opened the public hearing at 6:55 P.M. Tom Drow, 6317 Red Maple Lane, stated an ordinance exists saying if sewer is available and septic fails, residents are required to connect. He asserted the City will require residents to connect if their system fails. Mayor Landers explained the properties outside the MUSA cannot connect unless the resident can prove their system is failing. Mr. Drow stated it sounds like the Council is saying residents never have to connect. Council Member Kuether stated this is true only if the system never fails. Vivian Hanson stated she owns five acres between Hodgson and Ware Roads which is wetland along Ware Road. Therefore, she questioned why she would be assessed since they will never be able to connect to it. Mr. Ahrens explained the assessments are based on access to roadway and if the frontage on Ware Road is wetland, the resident would not be able to develop so the City would not be able to assess. With regard to the utility assessment, the property owner may or may not be able to connect. If a future house cannot be constructed, then that assessment would not apply either. Ms. Hanson stated she would like build on Ware Road if that was possible. However, it is not possible. Clyde Rehbein stated he owns the property on the west side of Ware Road near the intersection of 62nd Avenue. He explained they had a wetland delineation done several years ago because they installed a sewer line to the Fox Trace development and spent considerable expense to assure it was deep enough to serve that property, and the Lehman and Hanson properties. Therefore, the proposed sewer on Ware Road is of no benefit to him. He commented on the Hanson and Lehman wetlands and stated he sees no possibility there will ever be a driveway from those properties onto Ware Road. Mr. Rehbein asked if they will ever be assessed for the sewer on Ware Road if he develops the Hanson and Lehman properties and connect to their internal utility system and never connects to Ware Road utility system. He also asked if the intent is to levy the proposed assessments now or at a future date. Mr. Ahrens explained the City would like to install utilities prior to the roadway reconstruction. The proposal is that assessments be levied on the lots Mr. Rehbein is discussing since a development plan has not been submitted for Council consideration. Mr. Ahrens indicated if those properties do not connect to the Ware Road improvements and Mr. Rehbein installs his own service lines, he would not be assessed for the Ware Road improvements. However. if a lot fronts on Ware Road. the proposed assessment stands. COUNCIL MINUTES JUNE 23, 1997 Mr. Ahrens again explained the process allowed for property owners to petition for or against the project. He added the City cannot assess for sewer and water utilities if the property is outside of the MUSA. Based on the Charter and lack of MUSA, some of the properties cannot connect immediately so they cannot be assessed immediately. Mr. Rehbein stated he understands the developer should heavily contribute towards the cost to reconstruct Ware Road but he believes his project has already helped reduce Ware Road traffic since it is being used as a shortcut to Hodgson Road. Council Member Bergeson asked if Fox Trace was assessed for trail. Mr. Rehbein advised he built the trail from Ware Road to Hodgson Road. Mr. Ahrens noted staff proposes to locate the new trail on the east side so the trail, in its current location, would not be utilized. Mr. Rehbein stated the Parks Committee has strongly supported trails but, as a developer, he feels strongly that they should be placed by the streets and not located behind properties. He reported the unsold Fox Trace lots abut the trail and said he believes the community will regret construction of the trails due to poor access and nuisance activities. Mr. Rehbein suggested that locating trails by the roadway means they are better lit and safer for use. Bill Greger, 6353 Ware Road, stated he believes the developments abutting Ware Road have caused the problem and that the walkway will not be predominately used by the residents abutting Ware Road. Therefore, he does not believe the property owners along Ware Road should bear all the cost but the cost should be spread among all taxpayers. He stated his opinion that the road should be as narrow as possible without parking allowed. Mr. Greger stated the original layout presented does not match the stakes currently posted. He asked if the proposed assessment is based on the current number of homes or the number of homes based on full development. Mr. Murphy advised there is room for an additional 30 lots fronting on Ware Road and the assessment is based on full development. Mr. Greger again asked how many lots the assessment is based on (existing number or potential number once fully developed). Mr. Ahrens advised it is based on staffs opinion of property value increase. He noted the City's assessment policy is $45 per front foot but it is staffs opinion that is questionable if related to increased value to the property. Therefore, staff recommends $28 to $29 per front foot for the street improvement. With the sewer assessment, staff took the construction cost and divided it by the total maximum number of lots which results in the per lot assessment rate. Mr. Greger asked if this assessment range is typical to other areas. Mr. Ahrens stated this is a reasonable assessment and equals the market value increase. Mr. Ahrens explained it is proposed to fund the trails from State Aid which is comprised of gasoline tax that is shared by everyone. With regard to street width, he explained the area where parking is not proposed. the street width will be reduced by four (4) feet. • Mary Altstatt. 6134 Ware Road. objected to being assessed for the reconstruction of the roadwayill and asked why it is not designated as a private roadway if residents arc expected to pay for its reconstruction. Mr. Ahrens explained the City has the ability to do improvement projects and 4 • • COUNCIL MINUTES JUNE 23, 1997 assess based on property value increase. He stated in this case, the City believes there will be at least a $2,000 increase to property values. Mr. Ahrens pointed out the vast majority of funding, about 90%, is coming from State Aid funds and the remaining 10% from assessment to Miller's South Glen and abutting property owners. Ms. Altstatt stated she thinks it is strange that the developer of Miller's South Glen offered to pay $2,000 per proposed lot and now abutting Ware Road residents are being assessed the same amount. Mr. Ahrens explained it was thought they should be the same amount. Mayor Landers commented on the impact to the assessment if the developer of Miller's South Glen had not volunteered to donate $2,000.00 per each lot towards the project. Marvin La Valle, representing 330 Birch Street which contains 1320 feet of frontage on the west side of Ware Road, stated he understands that as the property develops in the future, they will probably be charged $2,000 per new lot. He stated he supports this assessment and believes it is a good deal since it includes a new street, storm sewer, and trail. He commended City Staff for their work on this project, stated he has no objection, and urged the Council to proceed. Mr. La Valle noted the need to do more work on the ponding issue. Mayor Landers asked if the proposed $2,000 assessment for the roadway will remain at $2,000 for future lots. Mr. Ahrens stated it will increase as inflation increases but will not exceed the benefit to the property. There being no further public input, Mayor Landers requested a motion to close the public hearing. Council Member Kuether moved to close the public hearing at 7:20 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson explained that the next 60 days includes the comment period for residents to provide input. At the request of Mayor Landers, Mr. Ahrens reviewed the time schedule for this project. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Site Plan Review, Boe Ornamental, 484 Lilac Street - Ms. Wyland explained that Boe Ornamental is requesting a site plan review to allow the construction of a 24,398 square foot office/warehouse/manufacturing building containing 6,376 square feet of two- story office space and 18,002 square feet for warehousing and manufacturing. The property is located on the south side of Lilac Street just west of 484 Lilac and the existing Boe Ornamental Building. The City is currently working on a feasibility report concerning the extension of sewer and water utilities down Lilac Street in this location. If utilities are not extended the proposed Boe Ornamental construction will most likely be delayed. Nits. Wyland noted the property is zoned General Industrial and located immediately north of the Apollo Business Park. The parcel is indicated as industrial in both the existing and proposed City Land Use Plan. The site contains approximately 1.44 acres which includes a portion or the recently vacated Industrial Boulevard. It was vacated in the anticipation of this request and with the understanding that the future COUNCIL MINUTES JUNE 23, 1997 construction of Industrial Boulevard in this location was not necessary. It was noted that Boe Ornamental is currently located immediately east of this proposed construction. The new building is intended for lease with the thought that it may ultimately house Boe's office space. The proposed construction fits with the City's Economic Development Plan calling for incubator space to promote new industrial growth in the community and is supported by EDAAB. The Planning and Zoning Board recommends approval with the following conditions: 1. Proper building permits be obtained prior to any construction on the site. The building permit shall include a deposit of 1% of construction costs to insure completion of all site improvements. 2. The City Engineer shall review and approve the grading, utility and drainage plans. 3. Roof top heating and ventilating units shall be screened and/or blended with the design and coloring of the building. 4. The parking area shall be modified as recommended in the staff report to provide better maneuvering room and supplied with adequate handicapped spaces as provided by the ADA Rules and Regulations. This would include increasing the entrance drive to 26' and eliminating 2 to 4 parking spaces near the front entrance drive. 5. Permits shall be obtained from the RCWD for grading, if required. 6. Signage shall comply with the City Sign Ordinance and proper permits obtained. 7. Concrete curb, gutter and bituminous paving shall be provided for all access driveways and parking areas. 8. The City Forester and CPTED Officer shall review and approve the landscape plan. 9. A lighting plan shall be reviewed and approved by the CPTED Officer. 10. The legal description for this site and the adjoining property shall be clarified due to the addition of the vacated Industrial Blvd. right-of-way and a shared driveway agreement signed by the property owner(s). Mr. Wessel reviewed the project and noted it will be available for lease by new businesses and eventually used by Boe Ornamental as their business grows. He also advised this project is being constructed without the benefit of Tax Increment Financing (TIF) since Boe Ornamental is an existing business. He stated staff is supportive of this project and he recommends approval. Council Member Bergeson asked if this project is feasible without sewer and water. Ms. Wyland advised it is not and Boe Ornamental does not want to proceed without the availability of sewer and water. Council Member Bergeson noted the proposed action does not include mention of sewer and water availability. Mr. Wessel stated if those utilities are not available, the project will not proceed. G • • COUNCIL MINUTES JUNE 23, 1997 Mayor Landers asked how the new sign ordinance will impact the signs being requested by Boe Ornamental. Ms. Wyland explained if the proposed sign ordinance is approved, they can place the sign five feet from the property line rather than the current 20 feet. Council Member Lyden moved to approve the Boe Ornamental site plan with stated conditions. Council Member Bergeson seconded the motion. Motion carried unanimously. Comprehensive Plan Neighborhood Meetings, Brian Wessel - Mr. Wessel announced the upcoming Comprehensive Plan Neighborhood Meetings scheduled for July 17 and 24, 1997, and encouraged all to come. Consideration of SECOND READING, Ordinance No. 02 - 97, Rezone of Miller's South Glen (4/5ths vote) - Ms. Wyland explained that the City Council approved the first reading of this Ordinance at their May 12, 1997 meeting. The Ordinance will allow the rezoning of Miller's South Glen from Rural to R -1X Single Family Executive for the development of 48 single family homes. Ms. Wyland advised staff recommends approval of the second reading. Council Member Lyden asked if it is the responsibility of the Council to achieve the proper balance between residential and commercial development. He stated the ratio of taxes between residential and commercial is 97% (residential) to 3% (commercial) and expressed concern with this ratio if additional residential development continues. Council Member Lyden reported a resident called and asked who is responsible for achieving a healthy tax balance. He encourage the Council to be accountable for achieving that healthy tax base. Mayor Landers asked for the source of the ratio of 97% to 3%. Council Member Lyden explained this data is from the League of Minnesota Cities and was available last summer. He explained it indicates that 97% of the taxes coming to the City are from the residential tax base and only 3% of the taxes received are from commercial or industrial. Council Member Kuether noted this ratio will change as more development occurs. Council Member Lyden stated it will not change if residential developments continue to be approved. Mayor Landers asked what is the percentage that is acceptable for a city like Lino Lakes. Mr. Wessel explained the "rule of thumb" being used for planning purposes is that 10% of the land use should be for commercial/industrial development. Lino Lakes has about one-half of that. He noted he does not have the exact percentage regarding tax contribution but is aware that commercial/ industrial properties generate at least three (3) times the rate of residential. He noted there are 15 new businesses in Lino Lakes within the past three years so he does not know if the ratio is still 97% to 3%. Mr. Brixius stated the numbers quoted by Council Member Lyden are probably the most current but, as far as trends, everyone is cognizant to what the City is working towards. He agreed the market value ratio is predominantly residential which is common with outlying communities such as Lino Lakes. Mayor handers noted the City is in the amidst of updating the Comprehensive Plan. He asked when staff anticipates further gains in commercial. Mr. Wessel explained with the COUNCIL MINUTES JUNE 23, 1997 Comprehensive Plan update, all that has been received so far is neighborhood input. There has been some indication that the City should be looking at additional commercial uses in various areas, with the exception of the quadrant around I -35W and Lake Drive. Mr. Wessel stated the City will probably be looking at additional commercial zones. Mayor Landers pointed out part of the assessment includes the $98,000 contribution to the Ware Road improvement and he does not believe the Council wants to jeopardize that contribution. Council Member Lyden stated no one has answered his question about who is responsible to set policy by which we achieve our goals. He asserted with the current policy, if a housing development comes in, the Council looks at it and approves it. Mayor Landers responded it is everyone's responsibility, the Council, staff, and public, which is why input is being received from residents on the Comprehensive Plan. Council Member Lyden stated his perception that the "dog should wag the tail" not the other way around, and leadership, policy, and direction comes from the Council. Council Member Kuether moved to adopt SECOND READING of Ordinance No. 02 - 97 as presented. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting nay. Ordinance No. 02 - 97 can be found at the end of these minutes. Consideration of FIRST READING Ordinance No. 09 - 97, Zoning Ordinance Text Amendment (4/5ths vote) - Mr. Brixius explained that the Planning and Zoning Board initiated a review and revision of the City's Zoning Ordinance in the Spring of 1995. Numerous work sessions were held over an 18 month period and a public hearing held in November of 1996. At that Public Hearing the revised document was approved by the Planning and Zoning Board. Since that time, the Council has had an opportunity to review the document and discuss the proposed revisions. He reviewed results of the proposed text amendments to provide better clarification and language that is easier to understand. Staff recommends approval of first reading. Council Member Lyden stated his appreciation for staffs work on this amendment and expressed concern about the "grandparent apartment" issue and whether it can be enforced in the spirit intended. Mr. Brixius advised this was discussed and looked at as a means to accommodate a live-in parent or child. He concurred with the concern about creating a two-family unit and advised staff has attempted to create an application process to allow the request to occur yet define it so it does not become a defined second dwelling unit. He commented on the Planning and Zoning Board consideration and that this type of unit was deemed to be a public benefit to the community. Council Member Bergeson asked about the square footage that needs to be remaining. Mr. Brixius explained 960 square feet needs to be remaining but the unit also cannot be more than 40% of the total building size. 5 COUNCIL MINUTES JUNE 23, 1997 Council Member Kuether moved to adopt FIRST READING of Ordinance No. 09 - 97 as • presented. Council Member Bergeson seconded the motion. Motion carried unanimously. • • Consideration of FIRST READING, Ordinance No. 17 - 97, Zoning Ordinance Amendment, Recreational Vehicles (4/5ths vote) - Mr. Brixius explained that the Planning and Zoning Board held a public hearing on April 9, 1997 to take input on the proposed changes to the Recreational Vehicle section of the Zoning Ordinance. This hearing was held before a packed house (including the Senior Center). The vast majority of those in attendance were opposed to the changes recommended (no parking/storage allowed within 30' of the front property line). It was noted that over the last few months staff has received approximately 18 letters and 48 phone calls objecting to stricter regulations on recreational vehicle parking and/or storage. One resident and one Planning Board Member spoke in favor of the new ordinance at the public hearing. In addition, staff has received approximately 70 letters and 6 phone calls requesting tighter controls and/or enforcement of the existing ordinance to reduce unsightly neighborhoods. Mr. Brixius indicated support is evident for both sides of the questions, however, the vast majority of those present and speaking at the public hearing(s) were opposed to tighter controls. He read each condition which must be met to park a recreational vehicle on a residential site and reported the Planning and Zoning Board has recommended approval on a split vote. Council Member Kuether noted the Council has not done anything with regard to this issue except to discuss it at a workshop. She asked how it grew from expanding the identification of recreational vehicles to this current form. Mr. Brixius reviewed the portion of the ordinance relating to parking and storage of recreational vehicles and indicated the setbacks must be met. He explained the current ordinance requires a setback of 30 feet from the front yard which resulted in an enforcement issue. Also, it resulted in many violations. If not enforced, it becomes an issue of pitting property owner against property owner since the City responds on a complaint basis. The new ordinance is more lenient since it allows the parking of a recreational vehicle within the front yard setback. He explained there are currently a lot of property owners in violation since the City is not enforcing this ordinance on a City-wide basis. He stated it was the majority opinion of the Planning and Zoning Board and property owners that this change should be made. Council Member Kuether inquired regarding recourse. Mr. Brixius stated the proposed ordinance allows the parking of a recreational vehicle on a driveway area in the front yard setback. With regard to size of the recreational vehicle, he explained it was discussed but determined that meeting the setbacks and paved area would address that issue. Council Member Lyden asked what type of surface a boat and trailer can be parked on behind the house. Mr. Brixius stated it can be parked on any type of surface since this only applies to the front yard. In response to the request from an audience member to provide input, Mayor Landers first polled the Council and then requested the resident provide her name and address. Judith Seekon, 889 Main Street, asked if the recreational vehicle can be parked in the front yard if it is on a prepared surface and in the hack yard on any type of surface. Mayor Landers stated this is correct. 9 COUNCIL MINUTES JUNE 23, 1997 Council Member Lyden moved to adopt FIRST READING of Ordinance No. 17 - 97 as presented. Council Member Bergeson seconded the motion. Council Member Bergeson stated he is concerned about the 15 -foot setback for motor homes and believes it is hard to regulate items that are properly licensed and proper to park on the street. However, with a motor home, he questions if it is a "residence on wheels" or a "recreational vehicle." With the large units, he asserted it is a residence on wheels and noted that other types of residences are not allowed within 15 feet of the lot line. Council Member Bergeson stated even though he thinks this is a flaw, he will vote to support the ordinance and see if it becomes a future issue. Mr. Brixius explained they tried to be sensitive when determining how to identify the setback line from the boulevard and the need to maintain sight lines. Mayor Landers commented on the need for safety when backing recreational vehicles out of the driveway. Motion carried with Council Member Kuether voting nay. Mayor Landers declared a recess at 8:02 p.m. The meeting was reconvened at 8:20 p.m. Consideration of FIRST READING Ordinance No. 12 - 97, Sign Ordinance Amendment (4/5ths vote) - Ms. Wyland reported the proposed amendment to the Sign Ordinance was considered by the Planning and Zoning Board at their May meeting and they recommend adoption, as amended. She reviewed the proposed amendments, definitions to be added, and noted advertising billboards would only be allowed in RBR districts. Council Member Bergeson asked when does a sign become a billboard. Ms. Wyland explained it is considered to be an "advertising sign" if located on property it is not advertising. Mayor Landers inquired regarding restrictions on banners and flags. Ms. Wyland advised this prevents banners that contain multiple flags or advertising a project on residential properties. Council Member Bergeson asked if there are any existing business signs that will be impacted. Ms. Wyland explained an existing sign (unless it is a temporary sign) would be grandfathered -in and not be required to meet the ordinance unless it is replaced. Council Member Bergeson asked about businesses located by freeway exits. Ms. Wyland explained that this Sign Ordinance will be modified for the Town Village along with the Architectural Standards. Council Member Bergeson commented on another community that has a restrictive sign ordinance that has resulted in hurting businesses located along the freeway. Ms. Wyland noted there has not been a lot of development at freeway intersections but if there appears to be a problem, it can be reviewed again. Mr. Wessel advised this issue was reviewed and businesses did not believe it was too restrictive. Also, input indicated there was support to have no billboards in the community as they did not result in an economic benefit. Council Member Neal raised the issue of campaign signs and suggested they be outlawed altogether since they arc almost impossiblc to regulate. 10 • • COUNCIL MINUTES JUNE 23, 1997 Mayor Landers inquired regarding the time period for a "temporary sign." Ms. Wyland advised it is for special event signs and the duration is 15 days. She reported some "temporary signs" have applied for permanent signs. Council Member Lyden inquired regarding garage sale signs. Ms. Wyland stated this was discussed and decided to leave it alone since it is too difficult to enforce. She noted the ordinance does not allow signs in any right-of-way or on utility poles or structures. She reviewed the regulations for advertising seasonal boutiques. Council Member Lyden stated he does not support restricting garage sale signs and would like that section removed. Council Member Neal indicated support for the system used by Centerville to only allow garage sales one weekend a year. Mr. Brixius explained the proposed ordinance prevents placement of private signs in the right-of- way since that becomes an encumbrance to safety. He commented on the nuisance of having garage sale signs placed, on a weekly basis, on your property. Council Member Neal moved to adopt FIRST READING of Ordinance No. 12 - 97 as presented. Council Member Kuether seconded the motion. Council Member Kuether asked if the section pertaining to garage sale signs will be removed. Council Member Lyden stated he would like it removed, however, he understands the need to assure safety. Council Member Neal agreed to amend the motion to remove the restriction on garage sale signs. Council Member Kuether, who seconded the motion, stated concurrence. The motion, as amended, carried unanimously. At the request of staff, the Council agreed to next consider Agenda Item 6A. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Planning Districts No. I and II District Comprehensive Concept Plan - Mr. Wessel explained 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 recommended approval. He reviewed the 20/20 Vision Plan directives which was reinforced during the City survey of last year. Mr. Wessel commented on the areas of progress involved with updating the Comprehensive Plan in being environmentally aware, connecting the City trail system with the County's trail system, and education with cross -communication between the City and School District. He noted the eight (8) directives which are being met including the desire to accelerate the rate of commercial growth without impacting residential in rural areas. Mr. Wessel commented on the design of a City logo which has helped with the identity system City-wide, creation of architectural guidelines. cluster commercial around the interchange, community services (specifically a restaurant). community center, and negotiations with the YMCA. He commended the Council on the progress made in reaching these eight (8) directives and requested conceptual approval of Districts I and 2. COUNCIL MINUTES JUNE 23, 1997 Council Member Lyden noted the last time this proposal was presented he and Council Member Kuether expressed concern. He restated his concern about proposing light industrial on Lake Drive which he believes is unproductive and asked why this has not gone back to the Committee for further discussion. Council Member Lyden stated he requested copies of the data that supports the premises that light industrial should be considered in that location and suggested there is no other interchange in Lino Lakes better suited for commercial development. Council Member Lyden stated he envisions residents wanting to go into this area to use a restaurant which will be of more benefit than a Light industrial use. He asserted this is the "Summit Avenue" of Lino Lakes and again requested the documents that support consideration of light industrial. Mr. Wessel stated the professional planning consultant has indicated a light industrial campus is appropriate and a commercial strip is inappropriate. He requested Council approval and to move forward. Council Member Lyden asserted a family restaurant would be of more benefit than a light industrial campus. Mr. Wessel stated commercial would prefer being located at the freeway interchange and, if located here, it will detract from commercial areas at the interchange. He stated he stands on this professional recommendation and requested Council consideration. Council Member Lyden stated this Council has considered other projects that greatly increase traffic levels and he believes this four (4) lane roadway (Lake Drive) will easily facilitate additional traffic. Mr. Wessel again reviewed the issues under consideration and stated commercial developers are not interested in this location but have expressed interest with the freeway interchange. Council Member Lyden commented on the importance of considering the vision for the future and stated he believes this will be the prime area for commercial use. Mr. Wessel said that Council Member Lyden's opinion is in disagreement with the recommendation of the City's professional planner, the Task Force, the Planning and Zoning Board, and 50 or so residents who have all worked on this project. He noted this has been reviewed several times and he is now requesting that the Council made a decision. Council Member Lyden stated this is a policy the Council sets to decide whether commercial development should or should not be located on Lake Drive. Council Member Neal asked if Dairy Queen is interested in this location. Mr. Wessel stated they are interested in the Town Center, not in this area. Also, the City needs a light industrial base to create the tax base and this is the proper land use balance for District 1. Council Member Bergeson spoke in favor of the proposal and stated each person would, perhaps. draw it a little differently but he believes this plan is the result of the work of a lot of people and he supports the collective input. 1 -le stated he does not believe the types of national chain restaurants mentioned will locate that far from a major thoroughfare or intersection and if zoned commercial. it will result in a lesser quality commercial establishment that will detract from the Town Center and centralized concept. 12 COUNCIL MINUTES JUNE 23, 1997 Council Member Lyden stated he has always said the Town Center needs two anchors (north and south) and, perhaps, a Red Lobster is not appropriate but a CUB and Target, as anchors, would result in attracting a Red Lobster restaurant. Mayor Landers stated he lives in this area and there are many residents who do not support a commercial use but prefer an 8 a.m. to 5 p.m. type of industrial use without 24-hour trucking. Mr. Wessel commented on the importance of creating a destination point. He reported on staffs discussion with several grocery stores and the types of interest being expressed. Council Member Neal stated he hears people talk about wanting a CUB Food store and other national chains but he knows the population is not high enough. He commented on the Festival Foods in Lexington which was their third choice but is now serving everyone in this area. Council Member Bergeson moved to approve the Comprehensive Plan for Planning Districts 1 and 2. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden voting nay. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution 97 - 76, Receive Report and Call Hearing on Improvement, Lakes Addition Street Reconstruction - Mr. Ahrens explained that on April 14, 1997 the Council ordered the preparation of a feasibility report on the Lakes Addition Street Reconstruction Project. The report is now complete and staff is requesting the Council receive the report and call for a hearing on these improvements on July 28, 1997. In accordance with Minnesota State Statutes 429 and the Lino Lakes City Charter, the feasibility report is to be received by the Council and a public hearing scheduled. Mr. Ahrens advised of neighborhood meetings which are scheduled prior to the proposed public hearing date. Council Member Kuether moved to adopt Resolution No. 97 - 76 as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 97 - 76 can be found at the end of these minutes. Consideration of Resolution 97 - 77, Approve Plans and Specifications and Order Advertisement for Bids, 1997 Sealcoat Project - Mr. Ahrens explained that each year the City maintains its streets by sealcoating. Sealcoating places a thin layer of oil and rock on the street to enhance the surface. Candidate streets include new streets that received the wear course 2 - 3 years ago and the remaining streets are done on a 5 - 7 year cycle. Funds for the new streets are provided by the developer of the subdivision and the City's general fund for the remaining streets. This year, approximately 8 miles of streets will be sealcoated at an estimated cost of 511 1.500 with 551,600 from the developer escrow and 559,900 from the City street maintenance fund. City staff has prepared the plans and specifications for this ‘vork and are requesting Council approval to advertise for bids. Council Member Lydell moved to adopt Resolution No. 97 - 77 as presented. Council Member Neal seconded the motion. Motion carried unanimously. I3 COUNCIL MINUTES JUNE 23, 1997 Resolution No. 97 - 77 can be found at the end of these minutes. Consideration of Resolution No. 97 - 78, Approve Joint Powers Agreement to Protect and Manage Vadnais Lake Area Watershed - Mr. Ahrens explained that the Vadnais Lake Area Water Management Organization (VLAWMO) is responsible for water management issues in the southeastern portion of Lino Lakes. The Vadnais Lake Area Water Management Organization has submitted its Water Management Plan to the Minnesota Board of Water and Soil Resources for approval. The Joint Powers Agreement is a key document enabling VLAWMO to carry out the Plan. The Board of Water and Soil Resources has advised VLAWMO that the Joint Powers Agreement needs to be updated to comply with State Statutes. Mr. Ahrens advised the proposed changes are minor and defined the appointment process. Council Member Bergeson moved to adopt Resolution No. 97 - 78 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 78 can be found at the end of these minutes. Consideration of SECOND READING, Ordinance No. 13 - 97, Amending the Lino Lakes City Code by Amendment to Section 401.01, Connection to Municipal Water - Mr. Ahrens explained that the proposed Code revision will allow property owners to connect to one utility (sanitary sewer or water) without the current requirement to connect to the other utility within a seven (7) year time frame from the later date of connection to the first utility or when the second utility is available. The Code revision is worded this way to cover the case when the watermain is installed but no sanitary sewer is installed, for example. In this example, the proposed wording defines the seven (7) year time frame to start when the sanitary sewer is installed. Council Member Kuether moved to adopt SECOND READING of Ordinance No. 13 - 97 as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 13 - 97 can be found at the end of these minutes. Consideration of SECOND READING, Ordinance No. 14 - 97, Amending the Lino Lakes City Code by Amendment to Section 402.02, Connection to Municipal Sanitary Sewer - Mr. Ahrens explained that this proposed Code revision will allow property owners to connect to one utility (sanitary sewer or water) without the current requirement to connect to the other utility within a seven (7) year time frame from the later date of connection to the first utility or when the second utility is available. The Code revision is worded this way to cover the case when the watermain is installed but no sanitary sewer is installed, for example. In this example, the proposed wording defines the seven (7) year time frame to start when the sanitary sewer is installed. Mr. Ahrens advised the ordinances will become effective 30 days after publication. Council Member Kuether moved to adopt SECOND READING of Ordinance No. 14 - 97 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 14 - 97 can be found at the end of these minutes. COUNCIL MINUTES JUNE 23, 1997 COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Public Facility Architectural Contract - This item was deleted from the agenda upon adoption of the agenda. CONSIDERATION OF RESOLUTION. 97 - 79, DETERMINING THAT A PETITION TITLED, "ORDINANCE NO. 08 - 97 BE REVOKED BY THE CITIZENS OF THE CITY OF LINO LAKES IN A REFERENDUM", IS DETERMINED TO BE INSUFFICIENT MARILYN ANDERSON Ms. Anderson explained that on April 28, 1997, the City Council adopted the second reading of Ordinance No. 08 - 97, Regulating the Collection and Disposal of Refuse and Solid Waste in the City. The ordinance was published in the May 6, 1997 edition of the City's legal newspaper, the Quad Press. This ordinance was to become effective 30 days after the date of publication, June 6, 1997. On June 4th she received a petition with 416 signatures titled, "Contained herein is a petition to have Ordinance 08 - 97 recalled and revoked by the City of Lino Lakes. This petition was submitted under the powers given to the people in Chapter V., Section 5.01 of the Lino Lakes City ordinances and the City Charter." It was noted that Chapter 5, Section 5.03 of the City Charter outlined the procedure for determining the sufficiency of the petition as follows: "The sponsoring committee shall file the completed petition in the office of the City Clerk. For determining the required number of signatures, the term "base" shall be defined as the number of registered voters at the last regular municipal election. At least 5% of the base shall be required to make an initiative or referendum petition sufficient and allow such petition to be placed on the next scheduled election ballot...". The number of Lino Lakes registered voters at the end of the day at the 1995 municipal election was 6,793. To make this petition sufficient, there had to be 340 signatures of registered voters. The petition contained 337 signatures of registered voters. Ms. Anderson advised that on Friday, June 13, 1997 she notified each member of the petition committee that the petition was not "sufficient" and told them that she would present this report to the City Council. On Monday, June 16, 1997 she received another petition with additional signatures. She examined that petition and found that it contained the signatures of 17 more registered voters. Since the sponsoring committee has 30 days in which to file additional signature papers (petitions), this new petition appears to be "sufficient". Ms. Anderson recommended this matter be forwarded to the City Attorney to determine if City Staff is following all Charter requirements. If his opinion is positive, this mater will be placed on the November 4, 1997 election ballot. Ms. Anderson advised that several residents have asked if they could circulate another petition in favor of Ordinance No. 98 - 97. However, this matter is not addressed in the City Charter and the City Attorney should be asked for his opinion. Ms. Anderson reported when determining that each signature was that of a registered voter, she noticed signatures of persons who have lived and voted in Lino Lakes for years but were not on the list of registered voters. She advised she is preparing a list of the names of persons who she has determined were not registered voters and will submit this list to the Anoka County Elections Department to request verification of the current status of these persons. If they are not registered voters, she will send them registration cards to they will not have to register on election day. COUNCIL MINUTES JUNE 23, 1997 Ms. Anderson reviewed options available to the City Council and recommended they adopt Resolution No. 97 - 79, declaring that the original petition calling for a referendum is not "sufficient". After that motion is adopted, she recommended the City Council adopt a motion declaring that the receipt of the additional petition does make the petition "sufficient" and place the matter on the November 4, 1997 election ballot pending verification by the City Attorney. Mr. Hawkins stated he disagrees with Ms. Anderson on several points since he believes there is only one petition and residents are provided with the opportunity to amend the petition, as they did by obtaining additional signatures prior to presentation to the City Council. He recommended the Council adopt a motion declaring that the receipt of the amended petition does make the petition "sufficient" and place the matter on the November 4, 1997 election ballot. Mr. Hawkins advised there is no provision in the Charter to allow a counter petition to remove from the issue from the ballot so it will have to be placed on the ballot for a vote by residents of the community. Council Member Kuether moved to declare that the receipt of the amended petition is "sufficient" and place the matter on the November 4,1 997 election ballot. Council Member Lyden seconded the motion. Council Member Neal raised the option of repealing the ordinance at this point. He inquired what the wording will be when placed on the ballot. Mr. Hawkins stated legal counsel will draft recommended language and it will be up to the public to educate themselves on each side of the issue -- they cannot be educated on the ballot. Council Member Bergeson stated it is not often that the Charter gets used and he believes this is one of the few opportunities the City has had to test that provision of the Charter. Motion carried unanimously. CONSIDER DIRECTING SOLID WASTE COORDINATOR REGARDING ORGANIZED COLLECTION, RANDY SCHUMACHER This item was deleted from the agenda upon adoption of the agenda this evening. CONSIDER ORGANIZATIONAL RESTRUCTURING TO PROVIDE FOR AN ENVIRONMENT -FORESTRY POSITION, RANDY SCHUMACHER Mr. Schumacher explained the results of the recently conducted community survey, as well as a strong recommendation that carne out of the 20/20 Vision program has made it clear how important our unique environment is to our residents. The City Council is also making final arrangements for the establishment of an Environmental Advisory Commission. He explained that to be effective in this area. the City needs to dedicate a staff person to work full time in the area of the environment and forestry. Marty Asleson currently works in the area of forestry, and has a degree in forestry with a concentration in urban forestry. In addition, he holds certificates from the MN Department of Agriculture, is a licensed tree inspector and is a member several arboriculture societies. ,All-. Schumacher advised staff has developed a job description that waH modeled after 20/20 recommendations. In 1995-96 Marty began work on natural 16 • • s COUNCIL MINUTES JUNE 23, 1997 resource/forestry inventory, which is the type of activity the environmental advisory commission is interested in pursuing. Mr. Schumacher recommended the Council approve the proposed job description. Council Member Bergeson moved to approve the Organizational Restructuring to provide for an Environment -Forestry position. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting nay. CONSIDERATION OF APPOINTING MIKE HOFFMAN INTERIM PARK COORDINATOR, RANDY SCHUMACHER Mr. Schumacher explained that Mike Hoffman, Lead Worker in the Parks Division, has been handling a significant number of management responsibilities during the leave of the Park and Recreation Superintendent. He recommended that Mike be made interim Park Coordinator until the position of Park and Recreation Superintendent can be filled. Staff will begin the search process in July. As Mike is a 49er working in a management capacity, Mr. Schumacher recommended he be compensated at an additional $1.72 per hour from March 1997 until the Superintendent position is filled. Council Member Kuether noted the Council has dealt with a temporary positions before and a conflict arose with union rules. She asked if this will become an issue. Mr. Schumacher stated it will not because documentation identifies this is a temporary position, he has indicate this to Mr. Hoffman, and the City will be in pursuit of a full time employee. Council Member Lyden moved to approve appointing Mike Hoffman as the Interim Park Coordinator. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS - None. NEW BUSINESS Consider Minutes from June 9, 1997 (Council Member Kuether was absent) - Council Member Neal moved to approve the Minutes from the June 9, 1997 meeting. Council Member Lyden seconded the motion. Motion carried with Council Member Kuether abstaining. Consideration of Renewal of Liquor, 3.2 Beer and Dance Licenses, Marilyn Anderson - Ms. Anderson explained that applications for renewal of all liquor licenses, 3.2 beer licenses, and dance licenses were included in the City Council's packets. The Police Department has investigated each establishment owner and their managers. No problems were noted in this investigation. The Police Department has also noted that there have not been any significant problems at any of the establishments. She reported it has been difficult to get all of these issues completed and she is still waiting for the following information: 49 Club - investigation of new manager; Anoka County Parks Department (Chomonix Golf Course) - license fee; Lakes Liquor of Lino Lakes - certificate of insurance and new manager information; Miller's on Main - information on second member of the corporation; Tom Thumb Food Markets, Inc. - no material submitted: Twin Cities Stores. Inc. (Oasis Market) - certificate of insurance. 17 COUNCIL MINUTES JUNE 23, 1997 Ms. Anderson advised these licenses must be renewed by July 1st or the liquor or beer licenses lapse and sale of these products is prohibited. She recommended the Council approve the licenses dependent upon receipt of all required materials as indicated except for the Tom Thumb Food Markets, Inc. license which she recommends not be approved since there is no indication their information is forthcoming. Council Member Kuether moved to approve the Renewal of Liquor, 3.2 Beer and Dance Licenses as submitted (deleting Tom Thumb Food Markets, Inc.). Council Member Neal seconded the motion. Motion carried unanimously. Accept Letter of Resignation from Probationary Police Officer Council Member Kuether moved to accept the letter of resignation from a Probationary Police Officer effective June 30, 1997. Council Member Neal seconded the motion. Motion carried unanimously. ADJOURN Council Member Kuether moved to adjourn at 9:29 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, July 14, 1997. / / v ten/ 711 Marilyn G. Anderson, Clerk -Treasurer J. L. Landers, Mayor Transcribed by: Carla Wirth TimeSaver Off Site Secretarial iS • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 02-97 AN ORDINANCE AMENDING ORDINANCE NO. B1 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM R (RURAL) TO R -1X (SINGLE FAMILY EXECUTIVE (MILLERS SOUTH GLEN) The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. B1 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 13, 1992 is hereby amended by rezoning from R (Rural) to R-1 X (Single Family Executive) pursuant to the provisions of the following described real estate: Parcel A • The East 1/2 of the South 1/2 of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 32, Township 32, Range 22 AND Parcel B The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 32, Township 31, Range 22 AND Parcel C That part of the West 1/2 of the Southeast 1/4 of the Northwest 1/4 lying West of the East 229.96 feet thereof, EXCEPT the East 197.12 feet (as measured along the North and South Lines thereof) Being in Section 32. Township ;1. Range 22 AND Parol 1) • That part of the West 1 /2 of the of the Northwest 14 of Scction 2. I ,r,.v n�hip ; I . IZzinLc Commencing at a point on the South boundary of said parcel 222.96 feet West of the East boundary thereof, thence West a distance of 197.12 feet, thence North at a right angle a distance of 1288.05 feet to the North boundary of said Parcel, thence East of distance of 197.12 feet, thence South at a right angle a distance of 1288.05 feet to the point of beginning, All in Anoka County, Minnesota, II. Save as above amended, said Ordinance No. B1 shall stand as initially passed and as previously amended. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Passed by the City Council of the City of Lino Lakes this 23rd day of June, 1997. L. Landers, Mayor 17) G. Ahderson CityClerk Marilyn � The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Neal, Landers. The following voted against same: Council Member Lyden. Whereupon said ordinance was declared duly passed and adopted. • • • Council Member adoption: Kuether introduced the following ordinance and moved its CITY OF LINO LAKES ORDINANCE NO. 13-97 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDMENT TO SECTION 401.01a, CONNECTIONS WITH WATER REQUIRED The City Council of the City of Lino Lakes ordains: Section 401.01 a, Connections with Water Required of the Lino Lakes City Code is amended as follows: Remove the following paragraph: If sewer service is also available to that property, a petition for and a connection to the sewer system shall also be required and the owner of such property shall pay all assessments in accordance with Lino Lakes assessment policies. Add the following paragraph: Connection to the sanitary sewer system shall be required with seven (7) years from the later date of: 1. connection to the water system or 2. when the sanitary sewer system is available. Save as above amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 23rd day of June, 1997. Marilyn U. Anderson. City Clerk n L. Landers, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: None. Whereupon the ordinance was declared duly passed and adopted. • • • • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 14-97 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDMENT TO SECTION 402.02, CONNECTIONS WITH SEWER REQUIRED The City Council of the City of Lino Lakes ordains: Section 402.02, Connections with Sewer Required of the City of Lino Lakes City Code is amended as follows: Remove the following paragraph: If water service is also available to the property, a petition for and a connection to the water system shall also be required and owner of such property shall pay all assessments in accordance with the Lino Lakes assessment policies. Add the following paragraph: Connection to the water system shall be required within seven (7) years from the later date of : 1. connection to the sanitary sewer system or 2. when the water system is available. Passed this 23rd day of June, 1997 by the Lino Lakes City Council. ATTEST: I �_� "�� itc -"7 L Marilyn 0. Anderson. City Clerk L. Landers, Mayor the motion for the adoption of the forp.oinp. ordinance vvas duly seconded h\ Council \lcnlhcr Kerl;eson incl upon vote taken thereon. the foliovviI voted in or hcrcol_ �rr,:,eson, Kuether. I.�dLn, No11, Linders. I he iollov\ !-;,inlc �ll�� )11 111C idim ;lllcc AHH �I�'�l.11�tl �Ill�\ Iia��cd ;111 1 ;lilnl�l Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-76 RESOLUTION RECEIVING REPORT - LAKES ADDITION STREET RECONSTRUCITON PROJECT. WHEREAS, pursuant to resolution of the Council adopted April 14, 1997, a report has been prepared by SEH, Inc., with reference to the improvement of the following streets: STREET FROM TO E Shadow Lake Drive Black Duck Drive Cul-de-sac Lantern Lane Black Duck Drive E Shadow Lake Drive Lantern Circle Lantern Lane Cul-de-sac Partridge Place Black Duck Drive Black Duck Drive Black Duck Drive Birch Street 230' N. Crystal Court Black Duck Circle Black Duck Drive Cul-de-sac Mallard Lane Black Duck Drive Cul-de-sac Crystal Court Black Duck Drive Cul-de-sac by constructing sanitary sewer systems, water supply systems, storm sewer systems and reconstructing street, and this report was received by the council on June 23, 1997, and, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Lino Lakes City Charter at an estimated total cost of the improvement of $1,890,100. A public hearing shall be held on such improvement on the 28th day of July, 1997, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. • • Adopted by the City Council this 23rd day of June, 997. Jg n L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said resolution was 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 June 23, , 1997.x[ Y ril n G!Anderson, Clerk -Treasurer • • Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-77 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT -1997 SEALCOAT PROJECT. WHEREAS, the Engineer has prepared plans and specifications for 1996 Sealcoating Project 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 ten days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on Monday, July 14, 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, July 14, 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. • • • • • Resolution 96 - Page 2 Adopted by the Lino Lakes City Council this 23rd day of June, 1997. Aro}(44J Marilyn G. Anderson, Clerk -Treasurer 1 L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on June 23, 1997. Marilyn G. Anderson, Clerk -Treasurer Council Member Neal its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 97 - 78 RESOLUTION AUTHORIZING AND DIRECTING MAYOR AND CITY CLERK TO SIGN JOINT POWERS AGREEMENT to PROTECT AND MANAGE THE VADNAIS LAKE AREA WATERSHED WHEREAS, the Vadnais Lake Area Water Management Organization is required to amend the current Joint Powers Agreement to make it comply with Minnesota State Statutes 8410.0030, AND WHEREAS, the Vadnais Lake Area Water Management Organization is in part within the corporate boundaries of the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to sign the Joint Powers Agreement to Protect and Manage the Vadnais Lake Area Watershed. Adopted by the Lino Lakes City Council this 23rd day of June, 1997. Marilyn G. Anderson, Clerk -Treasurer n 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 favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none . Whereupon said resolution was duly passed and adopted.