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HomeMy WebLinkAbout08/10/1998 Council MinutesCOUNCIL MINUTES AUGUST 10, 1998 CITY OF LINO LAKES MINUTES DATE : August 10, 1998 TIME STARTED : 6:38 P.M. TIME ENDED : 8:04 P.M. MEMBERS PRESENT : Bergeson, Lyden, Dahl, and Mayor Sullivan MEMBERS ABSENT : Neal Staff members present: Interim City Administrator, David Pecchia; Administration Director, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Parks and Recreation Director, Rick DeGardner; Environmental and Forestry Coordinator, Marty Asleson; Finance Director, Mary Vaske; and City Clerk Marilyn Anderson SETTING THE AGENDA Mr. Pecchia removed Agenda Items Nos. 4D, 7A, 7B, and 7C. Under New Business he added Reorganization Program and Interim City Administrator Status. Mayor Sullivan switched Agenda Items Nos. 5A and 5B, Community Development Report, with Agenda Item No. 4, City Engineer's Report. CONSENT AGENDA Mr. Pecchia removed Consent Agenda Item No. 3. He corrected Consent Agenda Item No. B1 to read $33,457.42. Council Member Bergeson moved to approve the Consent Agenda as amended. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM MINUTES: July 22, 1998, Joint Meeting with Centerville July 22, 1998, Regular Work Session DISBURSEMENTS: ACTION Approved Approved July 31, 1998 Manual Disbursements ($33,457.42) Approved 1 COUNCIL MINUTES AUGUST 10, 1998 August 10, 1998 Disbursements (Check No. 51900 - 52026, $604,102.47) July 24, 1998 SAC ($8.652.24) July 31, 1998 SAC ($3,914.89) Approved Approved Approved August 7, 1998 SAC .Approved Centennial Fire District Approved • Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No one appeared under open mike. Mayor Sullivan announced that the Parks and Recreation Department has developed a new trails map. The map indicates City trails as well as County trails. The maps may be picked up at the Parks and Recreation Department or City Hall. Mayor Sullivan stated the Centennial School District supported the City's request to keep Birch Street a two (2) lane street. The School District passed a resolution that supported turn lanes at the school. Mayor Sullivan stated the City appreciates the School District's support. PARKS AND RECREATION DEPARTMENT, RICK DEGARDNER Consideration of Awarding Bid for Playground Equipment, Rice Lake Estates Parks - Mr. DeGardner stated that on Monday, August 3, 1998, at 3:00 p.m., bids were opened for the 1998 Rice Lake Estates playground equipment project. There were two (2) companies submitting proposals for this playground site. On Monday, August 3, through Wednesday, August 5, 1998, the playground equipment proposals were on display at the Parks and Recreation Building. Neighborhood residents and Park Board Members were invited to review the proposals, make comments, and provide input on the selection of the projects. Mr. DeGardner indicated he believes Flanagan Sales (Little Tikes) offered the City of Lino Lakes the best package of playground equipment for the money. The play equipment evaluations were based on a number of factors including equipment quality, safety considerations, aesthetic appeal, the play experience provided, and installation experience. 2 • • COUNCIL MINUTES AUGUST 10, 1998 Council Member Lyden moved to award the Rice Lake Estates playground project to Flanagan Sales in the amount of $24,800. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of a Snow Removal Policy for Trails - Mr. DeGardner explained that the Parks and Recreation Department would like to institute a snow removal policy for the City's trail system. This would allow residents to enjoy the City's trail system year round. Mr. DeGardner referred to the Snow Removal Policy. He stated the trail segments are indicated as an A Priority B Priority. Following a snow fall of 2" or more all A priority paths will be cleared. Upon completion of all A paths the B Priority paths will be cleared. There are some trail segments within the City that will not be maintained during winter months. Mr. DeGardner stated that chemicals, such as sand and salt will not be used. Currently the underpass near Rice Lake Elementary School (under Birch Street) is salted and sanded when conditions warrant. This is the only trail segment where chemicals are applied. Trail segments that have a boardwalk are not scheduled to be plowed. Mr. DeGardner noted the trail priority designations will be reviewed annually. Council Member Lyden moved to approve the New Snow Removal Policy for Trails, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Application for Special Event Permit, Sandburr Days - Mr. DeGardner explained that Sandburr Days is an annual event held by the Circle Lex Lions Club at Sunrise Park. This year Sandburr Days will be held on September 11-13, 1998. The event requires a Special Event Permit. The Special Event Permit has been completed, the $500 fee paid, and approved by required Department Heads. The Lions are required to have a food license from Anoka County. They are in the process of obtaining this license and it is necessary that it be posted in the area where food is sold. Mr. DeGardner stated the application for the 3.2 Beer License is complete and is accompanied by a certificate of insurance for liquor liability naming the City as additional insured. The Cabaret Licensee application is also complete. This license is required to regulate entertainment where on -sale beer is being served. The proper fees have also been paid. Mr. DeGardner explained that normally, Waldoch Sports hold their snowmobile races on grass and St. Joseph Catholic Church holds its annual auction. The Police Department is aware of all of these events. The snowmobile club holding the races reimburses the Police Department for traffic control and reserve officers usually staff a both at Sandburr Days. COUNCIL MINUTES AUGUST 10, 1998 Council Member Bergeson moved to adopt a motion approving the Special Events Application, Cabaret License, and 3.2 Beer License for Sandburr Days, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL/MARY KAY WYLAND Consideration of Minor Subdivision and Variance for James Hill, 302 Elm Street - Ms. Wyland stated that James and Janet Hill own the property at 302 Elm Street and would like to split the parcel into two (2). They are asking for approval of a minor subdivision and variance at this location. Ms. Wyland explained that the issue was previously brought before Council. Mr. and Mrs. Hill attended a Council work session to discuss the matter. Ms. Wyland stated that after further review, staff would suggest the following two (2) options: 1. Approve minor subdivision and variance with the condition that 14 foot of right- of-way be dedicated for future reconstruction of Elm Street and a $500.00 park dedication fee collection for the newly created lot. 2. Deny minor subdivision and variance if Mr. and Mrs. Hill do not agree with option no. 1. Ms. Wyland noted this item was tabled at the last Council meeting to allow Mr. and Mrs. Hill to appear at the Council work session. She stated the City Attorney feels that the variance request is reasonable. The City Engineer has indicated the City should require the right-of-way. Council Member Bergeson asked if there are any definite plans for the reconstruction of Elm Street. Mr. Ahrens stated that Elm Street has been identified as a street in need of repairs. It was determined the repairs will be in the year 2000. Therefore, construction may begin in the fall of 1999. Council Member Bergeson asked if there is funding available for the reconstruction. Mr. Ahrens indicated there is a funding source for the reconstruction. Because of the Ware Street Project the funding source (State Aid Funds) must to be built up. Mrs. Janet Hill, 298 Elm Street, came forward and read a statement regarding the issue. The statement detailed the background of their property and the money that has been spent obtaining an outlot so that frontage could be provided on Snow Owl Lane. Mr. Hill, 298 Elm Street, came forward and explained to Council why they do not believe it is fair for the City to require the 14 foot of right-of-way. Mr. Hill gave the following four (4) reasons: 1. The traffic on Elm Street is not being changed. 2. Other properties in the area have not been required to dedicate right-of-way. 4 • • COUNCIL MINUTES AUGUST 10, 1998 3. City officials at the Planning and Zoning meeting in July indicated both parcels existing would be considered as fronting for Snow Owl Lane. 4. A real estate agent and attorney has advised them that the land dedication is unfair. Mr. Hill noted that this issue has been very stressful for both him and his wife. He asked the City to try and negotiate a fair settlement. Mayor Sullivan asked about the definition of a subdivision. Mr. Hawkins explained that when a subdivision occurs, the State has given municipalities the right to require right-of-way dedication. If the City feels a right-of-way is necessary, the City has the right to require the right-of-way. Mayor Sullivan asked what the impact will be regarding the required right-of-way, based on the precedence set. Mr. Hawkins indicated the required right-of-way is following the precedence already set. Developers are very often required to donate additional right-of-way. Mayor Sullivan asked if the 14 feet of right-of-way is excessive. Mr. Hawkins indicated that 14 feet is the immediate need for the City and is not excessive. Mayor Sullivan explained that technically all the lots on the west side of Snow Owl Lane were grandfathered. This variance will also be grandfathered. Mr. Hawkins stated that a blanket variance was granted in this area, therefore, this variance can be grandfathered with no future implications. Council Member Lyden stated that the Council must make a decision based on what they feel is right. He indicated he does not believe it is right to required the right-of-way when the road is not ready for reconstruction. When Elm Street is ready for the improvements, the City will have to purchase the right-of-way. He stated he will make his decision based on what his heart feels is right in this situation. Council Member Bergeson stated he believes there is justification for the lot split and variance. There is justification for the City to acquire the right-of-way. It is in the public's best interest for the City to obtain consistency regarding the right-of-way on Elm Street. He stated the question is compensation. He asked if there is a way to provide compensation for the right-of-way or should the right-of-way be dedicated to the City. He indicated the Council has explored many different options. Based on legal advise it has been determined that the right-of-way is relevant to the parcel of land and improvements to Elm Street are eminent. Those two (2) options are not available with no funding to support those options. Council Member Lyden stated that what is determined to be legally correct is not always the • right thing to do. COUNCIL MINUTES AUGUST 10, 1998 Mayor Sullivan explained that Council Members were elected to take care of the business of the City. The business of the City is governed by regulations and rules. She asked Council Member Lyden to consider that when he votes. Mayor Sullivan said another option for Mr. and Mrs. Hill is to not subdivide at this time. The City will require the right-of-way when subdivision does occur. She asked Mr. and Mrs. Hill if waiting is an option. Mr. Hill stated waiting to subdivide is not an option. He would like to sell the property as soon as possible. Mrs. Hill noted that they waited a long time to acquire Outlot A. They have done everything the City has required them to do. Time is a factor regarding the subdivision. Council Member Lyden moved to approve the subdivision and variance and compensate Mr. and Mrs. Hill for the 14 feet of right-of-way and require a $500.00 park dedication fee collection for the newly created lot. Council Member Bergeson seconded the motion. Council Member Bergeson asked if compensation for the right-of-way is given, is the Council setting a precedence. Mr. Hawkins stated there is concern regarding subdivision and compensation for right-of-way. Questions will be asked if compensation is made for the right- of-way. Reasons are needed as to why compensation is not made. It is easier to ask developers for right-of-way than residents, however, developers and residents need to be treated the same way. Council Member Lyden noted the distinction between splitting four (4) or five (5) lots as opposed to one lot. Council Member Dahl asked if right-of-way was obtained on the other side of Elm Street. Mr. Hawkins stated additional right-of-way was obtained in Wenzel Farms 3rd Addition and also in Ulmers Development. Mr, and Mrs. Hill are the only property owners that have not dedicated right-of-way from Lake Drive to the east. The property to the west has not yet been platted. When the properties to the west are platted the City will be in the same situation. Council Member Lyden explained to Mr. and Mrs. Hill that a tremendous amount of conversation and thinking has gone into determining the right answer. Mr. Hill noted that the law regarding excessive right-of-way dedications will be changed in two (2) or three (3) years. Council Member Bergeson stated that Elm Street will eventually be improved. Right-of-way needed for construction will be taken at that time. What is not needed will be the front yard of homes. The decision that needs to be made is an economic decision. The question is compensation and economic hardship. Council Member Dahl asked what type of compensation would be acceptable. Mr. Ahrens stated that he would need to speak to staff regarding compensation. One option would be to hire an 6 • • • COUNCIL MINUTES AUGUST 10, 1998 appraiser to determine the value of the land. Another option would be to negotiate with Mr. and Mrs. Hill. Mayor Sullivan asked for a roll call vote. She also asked each Council Member to give his or her reason for their vote. Council Member Bergeson stated that he would like to see compensation based on ordinance and precedent. The City cannot justify compensation at this time if the right-of-way would be dedicated at a later time. He stated that he believes the figures Mr. and Mrs. Hill presented regarding the value of the property and money spent on the property were in excess of the normal process of acquiring right-of-way. Council Member Bergeson indicated he will vote no. Council Member Dahl stated that if she were voting with her heart she would agree with Mr. and Mrs. Hill. She stated that Council must consider the recommendation from the City Attorney. She indicated she would vote no because of the legal precedence it would set. Council Member Lyden asked if the question of legal right is for the highest good. He indicated that in his opinion it is not. He will vote yes to the motion on the table. Mayor Sullivan indicated she will vote no. She explained that something the City is trying to do is planning. The City needs guidelines to plan. Because of the responsibility to the City as a whole, no other decision can be made. Voting on the motion, motion failed with Council Members Dahl and Bergeson and Mayor Sullivan voting no. Council Member Bergeson moved to approve minor subdivision and variance with the condition that 14 feet of right-of-way be dedicated for the future reconstruction of Elm Street with no compensation and a $500.00 park dedication fee collection for the newly created lot, Council Member Dahl seconded the motion. Council Member Bergeson pointed out that the previous staff recommendation asked for 27 feet of right-of-way. After review by the Planning and Zoning Board the right-of-way recommendation was reduces to 14 feet which is the minimum amount needed by the City. Motion passed with Council Member Lyden voting no. Mrs. Hill asked if she would receive formal notification of the decision. Ms. Wyland stated that a copy of the Council minutes will be sent to them. Comprehensive Plan Update - Mr. Wessel outlined the remainder of the schedule for the Comprehensive Plan Task Force meetings. He noted the dates of the final meetings and what each meeting will entail. He stated that the Comprehensive Plan will go before the Planning and Zoning Board on October 14, 1998. The Comprehensive Plan will be presented to Council on October 26, 1998. The final draft of the Comprehensive Plan will be complete on November 13, COUNCIL MINUTES AUGUST 10, 1998 1998. Mr. Wessel explained that the Communication Plan was finalized this week. The Task Force will be going through a series of communication plans to bring the Comprehensive Plan to the citizens of Lino Lakes. The process will begin next week. Mayor Sullivan stated that it is extremely important for Council to be involved and aware of all final meetings. The final meetings are excellent reviews of what has already been put together. Council has been asked to prepare written concerns regarding the Comprehensive Plan and bring them to the next Council work session. She stated that because she and Council Member Dahl are on the Task Force their concerns and ideas will be brought to the Council Work Session. She informed Mr. Wessel that the Council is working in parallel with the Task Force to ensure the Comprehensive Plan is on schedule. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 98 - 123, Approve Joint Powers Agreement with the City of Centerville Regarding Maintenance and Construction of 21st Avenue - Mr. Ahrens explained that staff is requesting Council approval of a Joint Powers Agreement between the City of Lino Lakes and the City of Centerville for construction cost and maintenance responsibilities of 21st Avenue. This issue was discussed at a joint meeting between the City of Lino Lakes and the City of Centerville on July 22, 1998. Mr. Ahrens referred to the Agreement which reflects the discussions at that joint meeting. The City Attorney, engineering consultant, and staff have reviewed the proposed Joint Powers Agreement. The Agreement is under review by Centerville officials with action to approve the Agreement planned for August 12, 1998. The Agreement states that construction costs and design engineering costs will be shared equally between the two (2) cities. Property acquisition, legal, administrative, and construction engineering costs are to be paid separately by each city. Maintenance responsibilities include Centerville providing winter snow removal and sanding and Lino Lakes providing street sweeping, pothole filling and crack sealing. Future sealcoating and overly projects will be completed under a separate agreement. Mr. Ahrens noted the City of Centerville is holding a public hearing on August 26, 1998. The project could begin in late October, 1998. Staff recommended that Council adopt Resolution No. 98 - 123. Council Member Bergeson moved to adopt Resolution No. 98 - 123, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 123 can be found at the end of these minutes. Consideration of Resolution No. 98 - 124, Approve Plans and Specifications, Apollo Drive, Phase 3 - Mr. Ahrens explained that staff is requesting Council approval of plans and 8 • • COUNCIL MINUTES AUGUST 10,1998 specifications for the extension of Apollo Drive from its current terminus at Lilac Street to Lake Drive. Staff is not requesting Council action to advertise for bids at this time. This action is planned for January, 1999. The construction of Apollo Drive from Sunset Road to Lake Drive was first discussed in 1990. The portion of Apollo drive from Sunset Road to Lilac Street is complete and the plans and specifications for the final phase was ordered recently at the July 13, 1998, Council meeting. The proposed improvements include extending Apollo Drive from its current terminus with Lilac Street northerly approximately 1,400 feet to Lake Drive. Apollo Drive is proposed to be constructed to the same section as existing Apollo Drive which is 52 feet wide and al0-ton axle load. Due to the close proximity of the proposed Apollo Drive/Lake Drive intersection to the existing Lilac Street/Lake Drive intersection and the resulting safety concerns, it is proposed to eliminate the existing Lilac Street/Lake Drive intersection. Mr. Ahrens indicated Council had questioned the proposed pond design at the July 13, 1998, Council meeting. Staff has discussed the pond design with the City's consulting engineer. Mr. Ahrens described the proposed pond design. At the normal water level, a 10 -foot wide ledge is designed to allow vegetation to grow and discourage access to the open water in the middle of the pond. From the ledge to the bottom of the pond there is a 3:1 slope. The pond is 12 feet deep with the upper 5 feet used as storage of storm water runoff. the bottom 7 feet should have water in it and is used for sediment storage and water quality enhancements. Mr. Ahrens stated the project schedule is as follows: Approve Plans and Specifications Approve Joint Powers Agreement Authorize Advertisement for Bids Open Bids Award Construction Contract Start Construction Construction Complete August 10, 1998 August 10, 1998 January 25, 1999 February 17, 1999 February 22, 1999 May, 1999 July, 1999 The project is planned to be funded through special assessments to benefiting property owners, Anoka County, and the City of Lino Lakes. Staff recommended adoption of Resolution No. 98 - 124. Council Member Lyden questioned the 10 -foot wide ledge in the pond. Mr. Ahrens referred to a drawing of the pond and pointed out the 10 -foot wide ledge. He said that it is planned to allow vegetation to grow on the ledge to discourage access to the open water in the middle of the pond. Council Member Lyden moved to adopt Resolution No. 98 - 124, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 124 can be found at the end of these minutes. 9 COUNCIL MINUTES AUGUST 10, 1998 Consideration of Resolution No. 98 - 125, Approve Joint Powers Agreement with Anoka County, Apollo Drive, Phase 3 - Mr. Ahrens explained that the construction of Apollo Drive, Phase 3, is a joint project between the City of Lino Lakes and Anoka County. Therefore, a Joint Powers Agreement is necessary to define financial responsibilities and conditions between the two (2) agencies. The Agreement states that Apollo Drive will be on the County highway system and Lilac Street, from Apollo Drive to Lake Drive, shall become a City roadway upon completion of the project. Existing Apollo Drive located to the south of this project is currently on the County highway system so it is logical to have Apollo Drive, Phase 3 on the County system. Lilac Street will become a dead-end street at Lake Drive as a result of this project so it is logical to have the portion of Lilac Street east of Apollo Drive on the City's road system. The Agreement states that access shall be limited to four (4) along the Apollo Drive, Phase 3 alignment. This includes driveways for the bank that is under construction, the convenience store site, the north half of the VFW property, and the residential home located immediately west of the VFW property. The south half of the VFW property will access Apollo Drive via Lilac Street. Considering likely development patterns in this area and that the roadway is an arterial road, staff feels that the number of access points is satisfactory. Mr. Ahrens stated the project cost (including engineering and administrative costs) is estimated at $505,504.00. Of the project costs the estimated County portion is $317,464.00 and the City portion is $188,040.00. The City is planning to fund its portion through special assessments to benefiting properties and the Surface Water Management Fund. Staff recommended adoption of Resolution No. 98 - 125. Mayor Sullivan asked if the convenience store is definitely going to be developed. Mr. Wessel indicated the convenience store has been approved including access arrangements. Although delays have occurred, it is a viable project. Council Member Bergeson moved to adopt Resolution No. 98 - 125, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 125 can be found at the end of these minutes. Consideration of Resolution No. 98 - 126, Accept Bids and Award Construction Contract, Otter Lake Road Realignment - Upon adoption of the agenda, this item was removed. Consideration of Resolution No. 98 - 127, Approve Payment No. 4 (Final) and Change Orders 1 and 2, 1997 Wear Course and Trail Paving Project - Mr. Ahrens stated the contractor for the 1997 Wear Course and Trail Paving Project is requesting City approval of payment No. 4 (final) in the amount of $15,186.04 including change orders 1 and 2. All 10 • • • COUNCIL MINUTES AUGUST 10, 1998 necessary lien waivers and withholding affidavits have been submitted to staff thereby meeting the requirements of the construction contract. Mr. Ahrens indicated the project included the paving of certain trails throughout the City and construction of a trail along the north side of Aqua Lane. Also, wear course paving was done in new developments. The final contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Change Order No. 2 Final Contract Amount $185,665.25 $ 15,234.33 $ 14,122.50 $215,022.08 Mr. Ahrens referred to a memorandum from John Powell, TKDA, Inc., which discuss the change orders in detail. Change Order No. 1 is a compensating change order for quantity overrun/underruns. The trail construction along Aqua Lane resulted in quantity increases as a result of poor subbase materials that were exposed during construction. Change Order No. 2 is a result of the construction observer noting that the existing rubberized seals used on manhole adjustment rings and castings was not sufficient to properly seal the rings and casting. Since the rings and casting are areas where a significant amount of infiltration can occur or sand washing between the rings, staff directed the contractor to install additional rubberized seals to prevent any infiltration of water or sand. In both change order cases, the problems encountered were not anticipated and it was only after work had begun and the materials exposed that the construction observer noted problems that required correction. If the design of the project had anticipated the poor soils and deficient seals, the resulting contract amount would be nearly equal to the final amount noted above. . Staff recommended adoption of Resolution No. 98 - 127. Mayor Sullivan asked if the change orders would be approved under the new Change Order Policy. Mr. Ahrens stated it would have been difficult to bring before Council for approval prior to executing the change orders. Council Member Lyden moved to adopt Resolution No. 98 - 127, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 98 - 127 can be found at the end of these minutes. Consideration of Resolution No. 98 - 128, Approve Payment No. 2 (Final) and Change Order No. 1, Elm Street Traffic Signal - Mr. Ahrens stated the contractor for the Elm Street Traffic Signal Project is requesting City approval of payment No. 2 (final) in the amount of $5,334.35 including change order No. 1. All necessary lien waivers and withholding affidavits have been submitted to staff thereby meeting the requirements of the Construction Contract. COUNCIL MINUTES AUGUST 10, 1998 The project included the installation of a traffic control signal at the intersection of Elm Street and Lake Drive. The final contract amount is summarized as follows: Original Bid Amount Change Order No. 1 Final Contract Amount $59,207.00 $ 8,869.54 $68,076.54 The change order is a result of Centennial School District requesting an advance warning flasher system to supplement the school speed zone signing after construction of the signal system had begun. The cost for the flasher system was assessed to the Centennial School District. Staff recommended adoption of Resolution No. 98 - 128. Council Member Bergeson moved to adopt Resolution No. 98 - 128, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 128 can be found at the end of these minutes. Consideration of Resolution No. 98 - 129, Accept Permanent Easement, Otter Lake Road Realignment - Mr. Ahrens explained that the planned construction of Otter Lake Road requires the acquisition of property for the roadway, utilities, and drainage ponds. The City Attorney has reached a settlement with Gene Arnt and Arnt Family Limited Partnership for the acquisition of roadway, utility, and drainage easements over their property. Mr. Ahrens referred to a letter from Mr. Hawkins that recommends acceptance of the settlement. The City is acquiring 3.17 acres of land for the roadway, utilities, and ponding areas. The ponding areas are part of the Clearwater Creek greenway recently discussed at the joint meeting with Hugo and White Bear Township. The planned drainage ponds will provide regional detention ponding and wetland mitigation to the properties within the Clearwater Creek light industrial area. The cost of the easements is $1.00 per square foot or a total of $138,085.20. Of the 3.17 acres, 1.70 acres is for roadway purposes and is funded by the City through assessments. The remaining 1.47 acres is for ponding purposes and is proposed to be funded through the Surface Water Management Fund. Staff recommended adoption of Resolution No. 98 - 129. Mayor Sullivan asked if this issue was part of the financial meeting last March, 1998. Mr. Ahrens indicated it was part of the financial meeting and was proposed to be funded through the. Surface Water Management Fund. Mr. Hawkins noted the City has acquired a lot of easements in that area. The area is a prime commercial area. The City has paid $1.00 per square foot for the easements which is consistent with other City acquisition. Mr. Hawkins referred to Mr. and Mrs. Hill who were asking for right-of-way compensation. One dollar per square foot is standard practice. 12 • • • COUNCIL MINUTES AUGUST 10, 1998 Council Member Dahl moved to adopt Resolution No. 98 - 129, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 98 - 129 can be found at the end of these minutes. Consideration of Resolutions, Declare Costs to be Assessed - Mr. Ahrens explained that five (5) projects have progressed to the point where assessment rolls can be prepared. Costs for each improvement have been calculated by the City Engineer and consulting engineer. The following resolutions have been prepared ordering the preparation of the assessment rolls. State Statutes and the Lino Lakes City Charter require a formal resolution ordering preparation of an assessment roll for each improvement project. Resolution No. 98 -130, Miller's South Glen, Phase 1 - Mr. Ahrens noted that approximately $98,000 for the Ware Road Project was included in the assessment calculation. Council Member Bergeson moved to adopt Resolution No. 98 - 130, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 130 can be found at the end of these minutes. Resolution No. 98 -131, Miller's South Glen, Phase 2 - Council Member Bergeson moved to adopt Resolution No. 98 -131, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 131 can be found at the end of these minutes. Resolution No. 98 - 132, Pheasant Hills Preserve, 8th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 132, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 132 can be found at the end of these minutes. Resolution No. 98 -133, Behm's Century Farm 3rd Addition - Council Member Bergeson moved to adopt Resolution No. 98 -133, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 133 can be found at the end of these minutes. Resolution No. 98 -134, Behm's Century Farm, 4th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 134, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 134 can be found at the end of these minutes. COUNCIL MINUTES AUGUST 10, 1998 Consideration of Resolutions Setting Public Hearing for Proposed Assessments - Mr. Ahrens explained that the following five (5) resolutions set the date for the public hearings for Monday, September 14, 1998, on the assessments to the projects. Resolution No. 98 - 135, Miller's South Glen, Phase 1 - Council Member Bergeson moved to adopt Resolution No. 98 - 135, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 135 can be found at the end of these minutes. Resolution No. 98 - 136, Miller's South Glen, Phase 2 - Council Member Bergeson moved to adopt Resolution No. 98 - 136, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 136 can be found at the end of these minutes. Resolution No. 98 - 137, Pheasant Hills Preserve, 8th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 137, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 137 can be found at the end of these minutes. Resolution No. 98 - 138, Behm's Century Farm, 3rd Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 138, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 138 can be found at the end of these minutes. Resolution No. 98 - 139, Behm's Century Farm, 4th Addition - Council Member Bergeson moved to adopt Resolution No. 98 - 139, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 139 can be found at the end of these minutes. OLD BUSINESS - None NEW BUSINESS Consideration of Minutes, July 29, 1998, Joint Meeting with the City of Hugo and White Bear Township (Council Member Neal and Mayor Sullivan were absent) - Upon adoption of the agenda, this item was removed. Consideration of Minutes, July 30, 1998, Special Council Meeting (Council Member Neal was absent) - Upon adoption of the agenda, this item was removed. 14 • COUNCIL MINUTES AUGUST 10, 1998 Consideration of Minutes, July 8, 1996, Regular Council Meeting (Council Member Dahl and Mayor Sullivan were not members of the Council) - Upon adoption of the agenda, this item was removed. Consideration of Appointing Election Judges for the 1998 Primary, Tuesday, September 15, 1998, and General Election, Tuesday, November 3, 1998, Marilyn Anderson - Ms. Anderson referred to a list of Election Judges included in the Council packets who will be trained to carry out the 1998 State Primary to be held September 15, 1998, and the General election to be held November 3, 1998. Ms. Anderson stated that she and her Chief Judge will determine which precinct each Judge will be working if the list is approved by Council. She indicated they must carefully consider a balance of Democratic and Republican Election Judges and also try to schedule each Judge to work in the precinct in which they live. Although Judges may represent the Reform Party, Ms. Anderson is not required to schedule equal numbers of Reform Party Election Judges. Ms. Anderson noted she received an application for Election Judge from Mr. John Sullivan. She asked he be included in the motion for approval or denial. Ms. Anderson stated she is in the process of determining how many of the listed Election Judges are available to work this fall. She indicated she hopes to draw enough Election Judges from the list to adequately staff the four (4) voting precincts. Ms. Anderson stated that if she cannot recruit enough Election Judges, she will return to Council with a request for appointment of additional election Judges. Ms. Anderson asked Council approval of the list of prospective Election Judges. Mayor Sullivan asked if she should abstain from voting due to Mr. Sullivan's application. Mr. Hawkins indicated Mayor Sullivan should abstain from voting. Council Member Bergeson asked if he should abstain due to family members on the list. Mr. Hawkins stated that Council Member Bergeson is not legally required to abstain. Council Member Bergeson stated that he will vote because the list cannot be approved if two (2) Council Members abstain. Mayor Sullivan stated that she saw no conflict of interest regarding Council Member Bergeson's vote. Ms. Anderson noted that Council Member Bergeson is not acting as an Election Judge, and therefore, should vote. Council Member Lyden moved to adopt a motion approving the list of election Judges, as presented, including Mr. Sullivan. Council Member Dahl seconded the motion. Motion carried with Mayor Sullivan abstaining. Consideration of FIRST READING, Ordinance No. 10 - 98, Amending the Cable Franchise Ordinance No. 83 - 08, Article II, Section 4, Franchise Term, Dan Tesch - Mr. Tesch 15 COUNCIL MINUTES AUGUST 10, 1998 explained that the North Metro Telecommunications Commission has been negotiating the renewal of the cable television franchise, which is due to expire in September, 1998. The Commission is in the process of a comprehensive needs analysis which will identify the communities' needs, and assist in the renegotiation of the franchise agreement. Mr. Tesch stated that based on the experience of several neighboring communities, who are also in the middle of the renewal process, the City's legal counsel recommended that the current franchise be extended to March 18, 1999. This will insure adequate time to finalize negotiations. Mr. Tesch noted that all seven (7) cities in the franchise area will need to approve this ordinance. Mayor Sullivan asked for a roll call vote. Council Member Bergeson moved to adopt Ordinance 10 - 98, as presented. Council Member Dahl seconded the motion. Council Member Bergeson voted yes. Council Member Dahl voted yes. Council Member Lyden voted yes. Mayor Sullivan voted yes. Motion carried unanimously. Ordinance 10 - 98 can be found at the end of these minutes. Consideration of the 1999 North Metro Telecommunications Commission Budget - Mr. Tesch stated the North Metro Telecommunications Commission has prepared their 1999 operating budget. The proposed budget is set at $198,671.00. This is a $17,606.00 decrease over last year's budget. Franchise fees retained by cities is calculated to be $173,838.00 for 1999. Mr. Tesch noted that upcoming projects for 1999 include renewal of the cable franchise with MediaOne. Council Member Bergeson moved to approve the 1999 operating budget, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of the 1999 Media Center Budget - Mr. Tesch explained that an amendment to the Joint Powers Agreement established an Operations Committee which is composed of Member City Administrators. Their primary responsibility is to provide input to the operation and budget of the Community Media Center. Mr. Tesch referred to the 1999 Media Center budget as proposed by the Operations Committee and recommended by the Commission for approval by it's member cities. Mr. Tesch stated the Media Center budget is proposed at $492,187 for 1999. This is composed of operating expenditures of $358,742 and capital expenditures of $133,445. The Operating Committee did not propose, and the Commission is not recommending an increase in the subscriber's monthly PEG fee, which will remain at $2.00 per month. 16 COUNCIL MINUTES AUGUST 10, 1998 • Mayor Sullivan verified that the Media Center is for the cable company and not for the City. • Council Member Lyden moved to approve the 1999 Operating Budget, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Reorganization Program - Council Member Bergeson stated that Council has met with Mr. Pecchia regarding a proposal for the restructuring of the City and a schedule for the restructuring of the City. If Council approves, Mr. Pecchia will meet with staff for discussion. After discussions, details will be made available. Council Member Bergeson indicated Mr. Pecchia would like to review the re -organizational plan with City staff before details become available. Council Member Bergeson moved to approve the restructuring of the City of Lino Lakes organization and approve the schedule as presented by the City Administrator. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Interim City Administrator Status - Council Member Lyden moved that Mr. Pecchia be compensated an additional $1,847, $7,083 over the Chief of Police salary, in recognition of his roll as both Police Chief and Interim City Administrator and be granted five (5) days of comp time per month, City pay the premium for his Health Partners family coverage, and that he be able to attend already scheduled professional development conferences. This agreement expires January 1, 1999, and upon mutual agreement, a contract will be negotiated. Council Member Dahl seconded the motion. Mr. Pecchia explained that $7,083.00 is the combination of Chief of Police and Interim City Administrator compensation. Council Member Bergeson added that the. motion is a lot of detail to support the Council's intention to ask Mr. Pecchia to stay on as Interim City Administrator for the remainder of 1998. Motion carried unanimously. COMMUNITY CALENDAR FOR AUGUST 11 THROUGH AUGUST 27, 1998 Planning and Zoning Board, Wednesday, August 12, 1998, 6:30 p.m. Safety Camp, Thursday, August 13, 1998, Rice Lake Elementary School Citizens Advisory Committee, Monday August 17, 1998, 7:00 p.m. Council Work Session, Wednesday, August 19, 1998, 5:30 p.m. • Election Judges Training, Thursday, August 20, 1998, 7:00 p.m. COUNCIL MINUTES AUGUST 10, 1998 Goal Setting Meeting, Monday, August 24, 1998, 4:00 p.m. Comprehensive Plan Task Force, Thursday, August 27, 6:00 p.m. ADJOURN There being no further business, Council Member Lyden moved to adjourn at 8:04 p.m. Council Member Dahl seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, August 24, 1998. Marilyn Anderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 18 • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -123 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN THE JOINT POWERS AGREEMENT WITH CENTERVILLE FOR 21ST AVENUE IMPROVEMENTS AND MAINTENANCE. WHEREAS, a portion of the 21' Avenue Street Project is within the corporate boundaries of Lino Lakes and a portion of the project is within the corporate boundaries of Centerville, WHEREAS, Minnesota Statutes, Section 471.59, allows Cities to enter into Joint Powers Agreements, AND WHEREAS, the City of Lino Lakes and the City of Centerville acknowledge and agree that improving 21' Avenue benefits both Cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. hereby authorizes and direct the Mayor and City Clerk to sign the Joint Powers Agreement with Centerville for 21' Avenue Improvements and Maintenance. Adopted by the City Council this 10th da `-%eclat. A(///b m Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -124 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, APOLLO DRIVE, PHASE 3, PROJECT WHEREAS, pursuant to resolution passed by the Council on July 13, 1998, SEH, Inc., has prepared plans and specifications for the improvement of Apollo Drive from Lilac Street to Lake Drive by constructing street, curb and gutter, and storm sewer and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. Adopted by the Lino Lakes City Council this 10`h 4 ( �/� lam' • (1:41e-)100) Marilyn G.Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was duly passed and adopted. • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 125 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE APOLLO DRIVE, PHASE 3, PROJECT AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, the City of Lino Lakes desires to administer the Apollo Drive, Phase 3 Project; AND WHEREAS, the City of Lino Lakes and County of Anoka agree that the Project is in their best interests and that the cost of the Project be shared; AND WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. hereby approve the Joint powers Agreement with Anoka County for the Apollo Drive, Phase 3, Project and to authorize the Mayor and City Clerk to sign the Agreement. Adopted by the City Council this 10th d _CAAti4A,4-29,-, Marilyn 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, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -127 RESOLUTION APPROVING PAYMENT 4 (final) and CHANGE ORDERS NO. 1 and 2 FOR THE 1997 WEAR COURSE AND TRAIL PAVING PROJECT WHEREAS, the construction of the 1997 Wear Course and Trail Paving Project has been completed by Expert Asphalt , 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. Change Order No. 1 in the amount of $15,234.33 is approved. 2. Change Order No. 2 in the amount of $14,122.50 is approved. 3. Payment number 4 (final) in the amount of $15,186.04 is approved for a total contract amount of $215,022.08. Adopted by the City Council this 10' Marilyn G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -128 RESOLUTION APPROVING PAYMENT 2 (final) and CHANGE ORDER NO. 1 FOR THE ELM STREET TRAFFIC SIGNAL ROJECT WHEREAS, the construction of the Elm Street Traffic Signal Project has been completed by Peoples Electric, 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. Change Order No. 1 in the amount of $8,869.54 is approved. 2. Payment number 2 (final) in the amount of $5,334.35 is approved for a total contract amount of $68,076.35. • Adopted by the City Council this 10th da of £ - • u 1, 199: 1111 ►� • A. S i �` , Mayor )1 dl's t'` e ' 0. 601,Ao617-1 Mar yn 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, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. Council Member Dahl introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -129 RESOLUTION ACCEPTING A PERPETUAL EASEMENT FOR ROAD, UTILITY AND DRAINAGE FROM EUGENE ARNT AND ARNT FAMILY LIMITED PARTNERSHIP WHEREAS, the perpetual easement for road, utility and drainage is required to allow for the completion of the Otter Lake Road Realignment Project: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the perpetual easement for road, utility and drainage purposes from Eugene Arnt and Arnt Family Limited Partnership in the amount of $138,085.20. Adopted by the City Council this 10th da •, �' uc;ust, • • Ki A. ilivan, Mayor • Marilyn 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, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared passed and adopted. • Council Member Bergeson 111 and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 98-130 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, MILLER'S SOUTH GLEN PHASE I WHEREAS, Miller's South Glen Phase I, is a "contractor improvement" and a contractor for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction is not included in the assessment total, and; WHEREAS, additional costs outlined in the Development Agreement have been determined to be $275,119.83 so that the total cost of the improvement to be assessed is $275,119.83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00, and the portion of the cost to be assessed against benefitting property owners is declared to be $275,119.83. 2. Assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the property amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 10th day of August, 99 Marilyn G. Anderson, Clerk -Treasurer Li. 1 ��erly Sullivan Mayor RESOLUTION NO. 98 - 130 Page -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted, and approved by the City Council on August 10th, 1998. (ittfeA40y,. Maril�Anderson, Clerk -Treasurer • • • • 1111 Marilyn G. Anderson, Clerk -Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-131 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, MILLER'S SOUTH GLEN PHASE II WHEREAS, Miller's South Glen Phase II, is a "contractor improvement" and a contractor for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction is not included in the assessment total, and; WHEREAS, additional costs outlined in the Development Agreement have been determined to be $75,462.72 so that the total cost of the improvement to be assessed is $75,462.72. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00, and the portion of the cost to be assessed against benefitting property owners is declared to be $75,462.72. 2. Assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the property amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 10th day of August, dt4.1.0_A-62221- fliCAft31",_ rl I Sullivan, Mayor RESOLUTION NO. 98 - 131 Page -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted, and approved by the City Council on August 10th, 1998. 0A,;.6 , ALA„,,, arilyn G. Anderson, Clerk -Treasurer • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-132 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, PHEASANT HILLS PRESERVE 8TH ADDITION WHEREAS, Pheasant Hills Preserve 8th Addition, is a "contractor improvement" and a contractor for the construction of improvements was not awarded by the City of Lino Lakes and the cost of the construction is not included in the assessment total, and; WHEREAS, additional costs outlined in the Development Agreement have been determined to be $95,338.33 so that the total cost of the improvement to be assessed is $95,338.33. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00, and the portion of the cost to be assessed against benefitting property owners is declared to be $95,338.33. 2. Assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the property amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessments in his office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. RESOLUTION NO. 98 - 132 Page -2- Adopted by the Council this 10th day of Augu Mat'ilyn G. GAnderson, Clerk -Treasurer ullivan, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted, and approved by the City Council on August 10, 1998. LthotAA-tit-, (6)-17e611--,dPv Marilyn G. Anderson, Clerk -Treasurer • • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98-133 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, BEHM'S CENTURY FARM 3RD ADDITION WHEREAS, Behm's Century Farm 3`d Addition is a "developer improvement" and a contractor for the construction of the improvements was not awarded by the City of Lino Lakes and the,cost of construction is not included in the assessment total, and; WHEREAS, additional cost identified in the Development Agreement have been determined to be $ 12,069.60 so that the total cost of the improvement to be assessed is $ 12,069.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be zero, and the portion of the cost to be assessed against benefited property owners is declared to be $ 12,069.60. 2. The assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such improvement in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. Adopted by the Council of the City of Lino akes this 1 day of August, 1998. Manly U. Xan erson Clerk -Treasurer RESOLUTION NO. 98 - 133 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution,duly passed, adopted and approved by the City Council on August 10, 1998. Man yn G. Anderson, Clerk -Treasurer • • Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 98- 134 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL, BEHM'S CENTURY FARM 4Th ADDITION WHEREAS, Behm's Century Farm 4`h Addition is a "developer improvement" and a contractor for the construction of the improvements was not awarded by the City of Lino Lakes and the, cost of construction is not included in the assessment total, and; WHEREAS, additional cost identified in the Development Agreement have been determined to be $ 171,844.40 so that the total cost of the improvement to be assessed is $ 171,844.40. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby • declared to be zero, and the portion of the cost to be assessed against benefited property owners is declared to be $ 171,844.40. • 2. The assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1999, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such improvement in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. a llaiI by the Council of the City of Lin ' L: '- id- of August, 1998. l�.�l� Ki VA wan, Mayor h �l Mar G. nderson Clerk -Treasurer• rer RESOLUTION NO. 98 - 134 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on August 10, 1998. Marilyn G. Anderson, Clerk -Treasurer • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-135 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN MILLER'S SOUTH GLEN PHASE I WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the cost outlined in the Development Agreement for Miller's South Glen Phase I, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior the hearing, and she shall state in the notice the total costs of the improvement. She shall also caused mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at the time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Clerk except that no interest shall be changed if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino \-17/1 C Marilyn G. Anderson, Clerk -Treasurer 0th da j, • gust,1998. A. ' ilivan, Mayor RESOLUTION NO. 98 - 135 Page -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted, and approved by the City Council on August 10, 1998. arilyn i. Anderson, Clerk -Treasurer • • Council Member Bergeson introduced the following resolution • and moved its adoption: • • CITY OF LINO LAKES RESOLUTION NO. 98-136 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN MILLER'S SOUTH GLEN PHASE II WHEREAS, by a resolution passed by the City Council on August 1'U, 1998, the City Clerk was directed to prepare a proposed assessment of the cost outlined in the Development Agreement for Miller's South Glen Phase II, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior the hearing, and she shall state in the notice the total costs of the improvement. She shall also caused mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at the time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Clerk except that no interest shall be changed if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino L City o Oth ugust,1998. G. Clerk -Treasurer Sullivan, Mayor RESOLUTION NO. 98 - 136 Page -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted, and approved by the City Council on August 10, 1998 lavbrA) .Y aril n. Anderson, Clerk -Treasurer • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-137 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN PHEASANT HILLS PRESERVE 8TH ADDITION WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the cost outlined in the Development Agreement for Pheasant Hills Preserve 8th Addition, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior the hearing, and she shall state in the notice the total costs of the improvement. She shall also caused mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at the time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property , with interest accrued to the date of payment, to the City Clerk except that no interest shall be changed if the entire assessment is paid within thirty (30) days from the adoption of the assessment. He may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino r_e,41,,,, Marilyn G. Anderson, Clerk -Treasurer is 10th da f August, 1998. 0 A. Sullivan, Mayor RESOLUTION NO. 98 - 137 Page -2- The motion for adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted, and approved by the City Council on August 10, 1998. Marilyn G. Anderson, Clerk -Treasurer • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98- 138 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN BEHM'S CENTURY FARM 3RD ADDITION WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Behm's Century Farm 3rd Addition, and WHEREAS, The Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in t he City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued tot he date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. They may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino es this 1 slay of August, 1998. All Ki t(i A. I lean, ['4', MarilynG. Anderson, Clerk -Treasurer RESOLUTION NO. 98 - 138 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on August 10, 1998. MarilynAnderson, Clerk -Treasurer Y • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-139 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENTS IN BEHM'S CENTURY FARM 4Th ADDITION WHEREAS, by a resolution passed by the City Council on August 10, 1998, the City Clerk was directed to prepare a proposed assessment of the costs outlined in the Development Agreement for Behm's Century Farm 4th Addition, and WHEREAS, The Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, September 14, 1998, in the City Hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued tot he date of payment, to the City Clerk except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of the assessment. They may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Li • Lakes this 1. • . AlUALii Ki i A. IIS n, Mayor aalvivan, Marilyn P. Anderson, Clerk -Treasurer y of August, 1998. RESOLUTION NO. 98 - 139 Page -2- The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: none, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. CERTIFICATION hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on August 10, 1998. Ma lynderson, Clerk -Treasurer • •