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HomeMy WebLinkAbout11/09/1998 Council Minutes• • • COUNCIL MINUTES NOVEMBER 9,1998 CITY OF LINO LAKES MINUTES DATE : November 9, 1998 TIME STARTED : 6:32 P.M. TIME ENDED : 7:22 P.M. MEMBERS PRESENT : Bergeson, Dahl, Neal, and Mayor Sullivan MEMBERS ABSENT : Lyden Staff members present: Interim City Administrator, Dave Pecchia; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; Consulting City Engineer, John Powell; Parks and Recreation Director, Rick DeGardner; Planning Coordinator, Mary Kay Wyland; Fire Chief, Milo Bennett; and City Clerk Marilyn Anderson SETTING THE AGENDA Mayor Sullivan added Item 5F, Easement Disbursement. Item 9B, Trappers Crossing, was also added. CONSENT AGENDA Mayor Sullivan asked that Item 1A1, October 19, 1998, Minutes, be moved to Item 9A. Council Member Bergeson moved to place the October 19, 1998, Minutes, under New Business, Item 9A. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal moved to approve the amended Consent Agenda. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION MINUTES: October 21, 1998, Work Session Approved DISBURSEMENTS: October 30, 1998, Manual Disbursements ($2,327.47) Approved November 9, 1998 (Check No. 53002 - 53106, $236,628.94) Approved Centennial Fire District Approved COUNCIL MINUTES NOVEMBER 9,1998 Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. OPEN MIKE No on was present for open mike. Mayor Sullivan stated the City held an environmental workshop October 29 and October 30, 1998. She stated the meetings regarding residential planning and how to implement development that is environmentally healthy were very successful. Next week pictures of cluster housing and visual images will be available. Mayor Sullivan stated the Lino Lakes State Bank ribbon cutting ceremony took place today. She thanked Mr. John Milbauer for working so hard with the City on this project. Mayor Sullivan stated that the Fairview Clinic has added five (5) new patients per day. Because of the new patients another physician has been added to the staff. A Physical Therapist will be added to the staff early in 1999. Mayor Sullivan announced that the Lakeland National Bank will be opening later this week. Also, the Clearwater Creek Convenience store is having a grand opening celebration all this week. Council Member Bergeson welcomed all the new businesses to the City. Council Member Neal asked if the new bank will be hooked up to City water and sewer. Mr. Powell indicated the bank should be hooked up to City utilities within a month. Mayor Sullivan announced that the City has 13 candidates for the City Administrator position. The number of candidates will be reduced this week and then interviews will be conducted. The City expects to have someone in this position by the first of the year. CONSIDERATION OF THE CENTENNIAL FIRE DISTRICT 1999 OPERATING BUDGET, CHIEF MILO BENNETT Chief Bennett presented the Centennial Fire District 1999 Operating Budget. The budget has been presented to the Centennial Fire District Steering Committee and they recommended the budget be taken to the three (3) cities in the Fire District for approval. Chief Bennett noted the budget is the same as 1998 with the exception of additional salary for a part time secretary. He stated there is enough work for a secretary to work 30 hours per week. He stated his salary is up a minimum amount also. The payroll taxes have increased. There is also a $500 increase for the Relief Association. Because of significant growth, the cost per citizen for fire coverage is dropping. He added that he believes the downward trend can continue. 2 • • • • • • COUNCIL MINUTES NOVEMBER 9,1998 Mayor Sullivan stated she is very pleased that the cost per citizen is dropping. Council Member Neal stated that the Fire District was at St. Joseph's Church last week. He believes the Fire District being there is great good will. He stated that the Police Department and the Fire District help him distribute candy for children at Christmas. He thanked them and stated he is very proud of them. Chief Bennett explained that during the month of October the Fire District talked to over 2,400 children about fire prevention. Tours of the Fire Station are given all year. Prevention is the best way to cut fire losses. Council Member Neal stated he overheard some children telling other children not to play with matches or lighters. Chief Bennett stated that they test sixth graders about safety retention. With the exception of kitchen safety the test results are good. Council Member Dahl moved to accept the Centennial Fire District 1999 Operating Budget, as presented. Council Member Neal seconded the motion. Motion carried unanimously. PUBLIC SERVICES DEPARTMENT, RICK DEGARDNER Resolution No. 98 -162, Accepting Donation from the Lino Lakes Lions Club - Mr. DeGardner stated the Lino Lakes Parks and Recreation Department sought program sponsors for its First Annual Family Turkey Shoot to be held on November 14, 1998. The event is a free holiday event for the families of Lino Lakes that consists of low-key competition in a variety of athletic events for prizes. The Lino Lakes Lions Club, as a program sponsor, has donated $100 to help defer the costs of this event. Council Member Neal moved to adopt Resolution No. 98 - 162, as presented. Council Member Dahl seconded the motion. Mayor Sullivan noted that volunteers are desperately needed to help with this event. Anyone who is interested should contact the Parks and Recreation Department. Motion carried unanimously. Resolution No. 98 - 162 can be found at the end of these minutes. COUNCIL MINUTES NOVEMBER 9,1998 COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Comprehensive Land Use Plan, Brian Wessel - Mr. Wessel stated that two (2) weeks ago a three (3) to two (2) vote was obtained on the Comprehensive Plan. A 4/5ths vote is required. An effort is being made to move towards the 4/5 vote by the deadline. Staff has suggestions to be able to obtain the 4/5ths vote for submission to the Metropolitan Council. He stated it is the intent of the staff to work with Council. This item will be addressed at the November 23, 1998, Council meeting. Consideration of SECOND READING, Ordinance No. 09 - 98, Zoning Ordinance Text Amendment Relating to Driveway Width, Mary Kay Wyland - Ms. Wyland stated that this item received its first reading at the October 26, 1998, Council meeting. The Amendment provides the following language: Residential driveways shall not exceed thirty-six feet as measured at the curb line except within a cul-de-sac where they shall not exceed twenty-six feet as measured at the curb line. From the curb line the driveway may increase in width at an angle not less than forty-five degrees. Ms. Wyland indicated that previous language called for a maximum residential driveway of 26 feet at the curb line. Council approved the first reading of the Ordinance unanimously. Council Member Dahl moved to adopt the SECOND READING of Ordinance No. 09 - 98, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 09 - 98 can be found at the end of these minutes. Consideration of Resolution No. 98 -165, Amending the Original PDO for Behm's Century Farm Development as it Pertains to Air Park Development, Mary Kay Wyland - Ms. Wyland stated the City Attorney has suggested that the processing of a resolution to amend this PDO would be more appropriate then an ordinance revision. Therefore, the attached resolution is being presented for Council consideration. This item was originally approved at the October 26, 1998, Council meeting on a unanimous vote. The resolution amends Item 6.4 E. and F. of Article VI of the Declaration of Covenants, Conditions and Restrictions for the Behm's Century Farm Development. The amendment provides for a 3,200 square foot maximum hanger size with a maximum height of 28 feet. These amendments are consistent with the requirements in the adjacent Lino Air Park. All other provisions in the Declaration of Covenants, Conditions and Restrictions shall remain in force. Staff recommended Council adopt Resolution No. 98 - 165. Council Member Bergeson moved to adopt Resolution No. 98 - 165, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 165 can be found at the end of these minutes. 4 • • • • • • COUNCIL MINUTES NOVEMBER 9,1998 Consideration of Resolution No. 98 -163, Final Payment 1998 Seal Coating Program, John Powell - Mr. Powell stated that the Contractor for the 1998 Sealcoat Project is requesting City approval of Payment No. 2 (final) in the amount of $2,570.85 and Change Order No. 1. The project included the sealcoating of various streets throughout the City. The final contract amounts are summarized as follows: Original Contract Amount Change Order No. 1 Final Contract Amount $55,912.50 $-4,495.54 $51,416.96 Change Order No. 1 adjusts the final contract amount to reflect a reduction in the material quantities used on the project. This change was not due to a reduction in the scope of the project. Instead, a contingency was incorporated into the estimated quantities for the project which was not used. Staff recommended Council adopt Resolution No. 98 - 163. Council Member Neal moved to adopt Resolution No. 98 - 163, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 163 can be found at the end of these minutes. Consideration of Resolution No. 98 -164, Metropolitan Council Joint Powers Agreement, I - 35E, John Powell - Mr. Powell stated the Metropolitan Council is proposing to install a new gravity trunk sanitary sewer, referred to as the Centerville Interceptor, along Cedar Street some time within the next two (2) years. This sewer will carry flows from Centerville, Lino Lakes, and Hugo to the Forest Lake Interceptor. The City's Otter Lake Road Improvements and the 21st Avenue Lift Station/Forcemain Improvements will be affected by the proposed sanitary sewer. The Otter Lake Road project involves the reconstruction of existing Otter Lake Road from 500 feet south of Cedar Street to Main Street. Because the City does not want the new roadway disturbed by the construction of the new sewer, the City has included the installation of a steel casing pipe at Cedar Street in the Otter Lake Road contract for future use by the Metropolitan Council. This will allow them to install their sewer across Otter Lake Road without excavating the new roadway. The proposed Joint Powers Agreement with the Metropolitan Council calls for them to reimburse the City for the full cost of the casing pipe and an additional 14% for engineering. The 21st Avenue Lift Station/Forcemain project involves the installation of a new City sanitary sewer pumping station near the south leg of Northern Lights Boulevard to be platted as part of the Clearwater Creek Business Center located on the southwest corner of I -35E and Main Street. The pumping station will pump the sewage south along proposed 21st Avenue to Cedar Street COUNCIL MINUTES NOVEMBER 9,1998 then east along Cedar Street, under I -35E, to an existing City manhole near the Otter Lake Road/Cedar Street intersection. When the Metropolitan Council installs their new gravity trunk sewer across the freeway, the City can connect at Cedar Street/21 st Avenue instead of connecting on the east side of the freeway, eliminating the need for the I -35E crossing. As the Centerville Interceptor project proposed by the Metropolitan Council will also require a crossing of I -35E, and as the City will not need the crossing after the Metropolitan Council project is constructed, the City will propose to install a steel casing pipe across I -35E which can be used by the City and by the Metropolitan Council for their project. The proposed Joint Powers Agreement calls for the Metropolitan Council to pay for 90% of the cost of the casing pipe and an additional 14% for engineering. The proposed Joint Powers Agreement between the City of Lino Lakes and the Metropolitan Council is necessary to define responsibilities and conditions between the two (2) agencies. A summary of the estimated costs to be reimbursed by the Metropolitan Council is as follows: I -35E Crossing Item Construction Cost Design Engineering Construction Observation Subtotal Otter Lake Road Crossing Item Construction Cost Design Engineering Construction Observation Subtotal Total Metropolitan Council $35,100 (90%) $ 2,808 (8%) $ 2,106 (6%) $40,014 Metropolitan Council $15,614.10 (100%) $ 1,249.13 (8%) $ 936.85 (6%) $17,800.00 Lino Lakes $3,900 $0 $0 $3,900 Lino Lakes $0 $0 $0 $0 $57,814.08 $3,900,00 Mr. Powell noted the City Attorney has reviewed the agreement. Mr. Powell suggested the agreement state the City will be able to connect to the new gravity trunk sewer west of I -35E. Staff recommended Council adopt Resolution No. 98 - 164. Council Member Bergeson moved to adopt Resolution No. 98 - 164, adding the statement that the City will be able to connect to the new gravity trunk sewer west of I -35E. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Powell added that the agreement does have flexibility. Regardless of the bid amounts, the Metropolitan Council will still pay 90% of the cost of the casing pipe and 14% for engineering. 6 • • • • COUNCIL MINUTES NOVEMBER 9,1998 Resolution No. 98 - 164 can be found at the end of these minutes. Consideration of Easement Disbursement for Lake Drive Trunk Utility - Mr. Powell explained the City has had to acquire easements due to this project. An agreement has been reached for the easement located on the ease side of Apollo and Lake Drive with Mr. Carlson in the amount of $6,000. Mr. Powell asked Council for approval of the $6,000 agreement with Mr. Carlson for easement acquisition. Council Member Neal moved to approve the $6,000 agreement with Mr. Carlson for easement acquisition. Council Member Dahl seconded the motion. Motion carried unanimously. ADMINISTRATION DEPARTMENT REPORT, DAVE PECCHIA Consideration of Financial Analyst Position - Mr. Pecchia stated that in August, 1998, an analysis of the City's organization was made, and a subsequent restructuring took place. Phase II of that restructuring called for the appointment of a Financial Analyst. Four (4) candidates were interviewed by Mr. Pecchia and Joyce Lund in the Finance Division. Three (3) finalists were then interviewed by Mr. Pecchia and members of the management team earlier this week. Mr. Pecchia stated that Mr. Daryl Sulander has been recommended for the position of Financial Analyst. Mr. Sulander brings experience as Assistant Finance Director for the City of Plymouth, Finance Director for the City of Andover, and Clerk Treasurer with the City of Austin. In addition to governmental accounting, Mr. Sulander has a knowledge of computer software and networks, as well as experience with public financing tools, i.e. tax increment financing. Mr. Pecchia recommended Mr. Sulander be hired at Step 4 of the financial analyst salary range, and be given a bank of one week of vacation, and accumulate vacation at a rate of 3.08 hours per pay period. Staff recommended Council extend an offer of employment to Mr. Daryl Sulander. Mayor Sullivan asked how the additional vacation accumulation compares to other City staff. Mr. Pecchia stated it is comparable to staff at that level. Council Member Neal asked when Mr. Sulander will start. Mr. Pecchia stated Mr. Sulander will start on November 23, 1998. He will be available for the Truth in Taxation Public Hearing. Council Member Bergeson asked about the policy regarding probation. Mr. Pecchia indicated there is a six (6) month probation period. Mayor Sullivan clarified the position being filled is the for the City's Financial Analyst. COUNCIL MINUTES NOVEMBER 9,1998 Council Member Neal moved to approve an offer of employment to Mr. Daryl Sulander for the position of Financial Analyst. Council Member Dahl seconded the motion. Motion carried unanimously. Consideration of the 1998 General Election Summary, Marilyn Anderson - Ms. Anderson presented a summary of the 1998 General Election. She noted the City of Lino Lakes had a 77% voter turnout. The number of new voters registered was 1,121. The total number of votes in the City of Lino Lakes was 6,747. Anoka County recommends there be no more than 800 registered voters in a precinct. Ms. Anderson recommended Council consider adding six (6) more precinct within the City after the 2000 census. Ms. Anderson noted that four (4) voters received wrong ballots. She apologized for not being 100% accurate. She asked that more residents become Election Judges noting the City does advertise for these positions. She added that employers are required to let employees off work and pay the difference in salary when their employee is working as an Election Judge. She also asked Council to consider purchasing more equipment for future elections. Mayor Sullivan added that Ms. Anderson did a good job obtaining ballots at Anoka County. Council Member Neal stated Ms. Anderson did a great job regarding the election. CITY ATTORNEY'S REPORT, BILL HAWKINS Consideration of Hiring an Appraiser for the Vaughan Eminent Domain Proceedings - Mr. Hawkins stated that in preparation for the Vaughan eminent domain jury trial scheduled for January, 1999, it will be necessary for the City to hire an appraiser to testify on behalf of the City. Patchin Messner Appraisals has provided a proposal for Council for review and approval. Mr. Hawkins noted Patchin Messner Appraisals has done work for the City in the past and will be an asset to the City. Council Member Bergeson moved to approve Patchin Messner Appraisals for the Vaughan Eminent Domain proceedings. Council Member Dahl seconded the motion. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Consideration of Minutes, October 19, 1998, Special Council Meeting - Mayor Sullivan clarified page 3, regarding the Lino Air Park. Mr. Brixius is making adjustments and the expansion will not exceed the current foot print. 8 • • COUNCIL MINUTES NOVEMBER 9,1998 • Mayor Sullivan stated that page 10, paragraph 8, "The audience" should be changed to "The Council". • • Mr. Powell noted he was not present at the meeting. Council Member Dahl moved to approve the amended October 19, 1998, Special Council Meeting Minutes. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Trappers Crossing, John Powell - Mr. Powell stated it has come to his attention that grading activity is being done at Trappers Crossing. The City does not have a developers agreement, financial securities, or a final grading plan. He indicated he has talked to the City Attorney and staff. He stated he will be sending a letter to the developer tomorrow to tell him to stop all activity until all City requirements have been met. Council Member Neal asked how long the work has been going on. Council Member Dahl stated a fence went up over the weekend. The grading began this morning. She suggested a mechanism be put in place for developers that do not have the required approvals. She suggested a penalty be imposed for each day they continue to work. The City needs something to fall back on when this happens. Council Member Dahl stated the developers are guests in the City and must follow the rules. Mayor Sullivan asked if a letter regarding this issue should be given to developers before they start. Council Member Dahl stated the developers know the rules. A penalty should be imposed when the rules are broken. Consequences are needed. She suggested staff develop a new ordinance. Mr. Hawkins stated the City does have a criminal enforcement policy in place. A notice is first given. If the work is not ceased, criminal action can be taken. The maximum penalty is $700 per day fine and 90 days in jail. The City also has the ability to enforce the zoning ordinance in civil court such as injunctions, damages, and costs. He stated the letter being sent tomorrow will get the developers attention. Council Member Dahl stated she suggested a new ordinance so this does not happen again. COMMUNITY CALENDAR FOR NOVEMBER 10, 1998 THROUGH NOVEMBER 30, 1998 Town Center Committee, Tuesday, November 10, 1998, 6:00 p.m. HOLIDAY, Wednesday, November 11, 1998, Veterans Day Planning and Zoning Board, Thursday, November 12, 1998, 6:30 p.m. Town Center Group, Saturday, November 14, 1998, 9:00 a.m. COUNCIL MINUTES NOVEMBER 9,1998 Parks and Recreation Department Annual Turkey Shoot, Saturday, November 14, 1998, 10:00 a.m., Centennial Middle School Citizens Advisory Group, Monday, November 16, 1998, 7:00 p.m. Friends of the Parks, Tuesday, November 17, 1998, 7:00 p.m., Parks and Recreation Building Council Work Session, Wednesday, November 18, 1998, 5:30 p.m. Environmental Board, Wednesday, November 18, 1998, 6:30 p.m. Cable Commission, Wednesday, November 19. 1998, 7:00 p.m. Council Meeting, Monday, November 23, 1998, 6:30 p.m. Truth in Taxation Public Hearing, Monday, November 30, 1998, 6:00 p.m. ADJOURN There being no further business, Council Member Dahl moved to adjourn at 7:22 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, November 23, 1998. Mari yn Anderson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 10 Council Member Dahl introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 09 - 98 AN ORDINANCE AMENDING SECTION 3, SUBDIVISION 5.C.8. g. OF THE ZONING ORDINANCE The City Council of Lino Lakes, Anoka County, Minnesota does ordain: Section 3, Subdivision 5.C.8.g. Curb Cut/Driveway Width shall be deleted in its entirety and the following substituted in lieu thereof: Residential driveways shall not exceed thirty-six feet (36') as measured at the curb line except within a cul-de-sac where they shall not exceed twenty-six feet (26') as measured at the curb line. From the curb line the driveway may increase in width at an angle not less than forty-five (45) degrees. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. 141 da o lovember 1998. /�I;! i. LJL! Pi„ A. ; 1 4 an, Mayor Passed by the Lino Lakes City Council on ATTEST: Marilj+nG. An erson, Clerk/Treasurer 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 thereof: Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said ordinance was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. qg" l k.oa— A RESOLUTION ACCEPTING DONATION FROM THE LINO LAKES LIONS CLUB FOR THE SUPPORT OF THE LINO LAKES PARKS AND RECREATION DEPARTMENT'S FIRST ANNUAL FAMILY TURKEY SHOOT EVENT WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Lino Lakes Parks and Recreation Department is holding this annual holiday event for the first time on November 14, 1998; and The event is a free holiday event for the families of Lino Lakes; and Participant teams, consisting of one child (ages 4-14) and one adult, will compete in a variety of low-key athletic events for prizes; and The Lino Lakes Lions Club was made aware of the desire of the Lino Lakes Parks and Recreation Department to conduct the Family Turkey Shoot with the support of a program sponsor and has donated $100.00 to the City to defer the costs of this event. NOW THEREFORE, BE IT RESOLVED, that the City Council of Lino Lakes hereby accepts the donation of $100.00 to help fund the Family Turkey Shoot event and wishes to express its sincere gratitude and appreciation to the Lino Lakes Lions Club for its donation. Adopted by the Lino Lakes City Council this Marilyn G. Anderson, Clerk -Treasurer 9 day of ember 1998. llivan, Mayor 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, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98-163 RESOLUTION APPROVING PAYMENT NO. 2 (FINAL) and CHANGE ORDER NO. 1 FOR 1998 SEALCOAT PROJECT WHEREAS, the construction of 1998 Sealcoat Project has been completed by Allied Blacktop; 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 $4,495.54 is approved. 2. Payment Number 2 (final) in the amount of $2,570.85 is approved for a total contract amount of $51,416.96. Ob 41 lit Adopted by the City Council this 9th day '4 f • Ki TV - A (. ivan, Mayor • 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, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on November 9, 1998. St 6171 Ma ilyn G Anderson, Clerk -Treasurer Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 -164 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH THE METROPOLITAN COUNCIL FOR THE 135E AREA PROJECTS AND TO AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, the City of Lino Lakes and the Metropolitan Council agree that the Council Project which includes the placement of casings along the Cedar Street alignment within Otter Lake Road and across I -35E 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 the Metropolitan Council for the Council Project, and to authorize the Mayor and City Clerk to sign the Agreement. Adopted by the City Council this 9th da 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, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on November 9, 1998. Mamlyn G. Anderson, Clerk -Treasurer • • • • • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 98 - 1 to-S- A oSA RESOLUTION AMENDING THE BEHM'S CENTURY FARMS PLANNED DEVELOPMENT OVERLAY FOR THE AIR PARK LOTS WHEREAS, the City of Lino Lakes approved a Planned Development Overlay (PDO) for the Behm Century Farm's Air Park Lots in 1995, and WHEREAS, that PDO called for a maximum airplane hanger of 2600 square feet with a maximum height of 24', and WHEREAS, the Planning and Zoning Board held an Public Hearing and recommended approval of an amendment to the City Council of the City of Lino Lakes have determined that it would be reasonable to increase the hanger size and height to be consistent with provisions of the existing and adjacent Lino Air Park, NOW, THEREFORE, BE IT RESOLVED that the Article VI, item 6.4 E and F of the Declaration of Covenants, Conditions and Restrictions for the Century Farm Development dated April 5, 1996 is hereby amended to read as follows: E. Maximum hanger size is thirty-two hundred (3200) square feet. F. Maximum hanger height of twenty-eight (28) feet. All other conditions and restrictions shall remain - same. Adopted by the Lino Lakes City Cou F i is 9th • - of November, 1998. ATTEST: tmLbr,, -644.keit407 Marilyn G. Anderson, Clerk/Treasurer Kim Sullivan, Mayor RESOLUTION NO. 98 - 165 Page -2- The motion for the 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, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. • •