HomeMy WebLinkAbout05/23/1988 Council Minutes (2)056
COUNCIL MEETING MAY 23, 1988
The regular meeting of the Lino Lakes City Council was
called to order by Mayor Benson at 7:32 P.M., May 23, 1988.
Council Members present: Bisel, Bohjanen, Reinert. Council
Members absent: Neal. City Attorney, Hawkins; Engineer,
Stahlberg; Administrator, Schumacher and Clerk - Treasurer,
Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Council Work Session, May 9, 1988 - Mr. Bisel moved to
approve these minutes as presented. Mr. Reinert seconded
the motion. Motion carried unanimously.
Regular Council Meeting, May 9. 1988 - Mr. Bohjanen moved to
approve these minutes as presented. Mr. Reinert seconded
the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS, MAY 23, 1988
Mr. Bisel moved to approve the disbursements as presented.
Mr. Bohjanen seconded the motion. Mr. Bisel asked about the
expenditure of $75.89 for two pairs of pants. Mr.
Schumacher explained that the maintenance personnel have an
annual clothing allowance of $125.00. They can use this
money as they wish until the limit of $125.00 is reached.
Voting on the motion, motion carried unanimously.
OPEN MIKE
No one appeared under Open Mike.
CONSIDERATION OF NSP GAS AND ELECTRIC FRANCHISE - FIRST
READING OF ORDINANCE NO. 06 AND ORDINANCE NO. 07
Mr. Hawkins has submitted a letter to the Council dated May
17, 1988 summarizing the differences between the NSP gas
franchise and the North Central Public Service gas
franchise. There is nothing substantially different between
the two franchises. Mayor Benson questioned paragraph No. 3
regarding working in the right of way and paragraph No. 1 on
page two regarding eminent domain. Mr. Bisel questioned
paragraph No. 3 regarding vacating a public right of way.
Mr. David Schwartz, representing NSP said that to his
knowlege no city has ever requested NSP to move a utility
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COUNCIL MEETING MAY 23, 1988
line more than once during a ten year period. Mr. Stahlberg
also said that he could not recall such an instance.
Mayor Benson asked Mr. Hawkins if all three utility
companies would have the right to place gas lines on one
street. Mr. Hawkins said yes, the City does not have the
right to pick and choose a utility. Anti -trust laws have
also been applied to municipalities. He also noted that the
City could regire all three gas companies to use the same
trench.
Mr. Reinert was concerned regarding vacation of public
right -of -ways. Mr. Schwartz said the city could avoid
problems by retaining an easement for utility purposes.
Mr. Schumacher told the Council that Mr. Brueggman has
contacted him to let him know that he is in favor of NSP
serving his development.
Mayor Benson asked why we need an electric franchise. Mr.
Hawkins explained that although electric service areas are
designed by the Public Utility Commission, NSP has been
serving this area without a franchise. This is an agreement
between the City and NSP regarding the installation and
maintenance of service.
Mr. Bisel said he was concerned about transmission towers
and other overhead structures. Mr. Hawkins noted that these
structures are subject to condition use permits and the City
can regulate them in this manner.
Mr. Bisel moved to approve the first reading of Ordinance
No. 06 - 88 regarding electric service. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
Mr. Bisel moved to approve the first reading of Ordinance
No. 07 - 88 regarding gas service. Mr. Reinert seconded the
motion. Mr. Bisel asked Mr. Schwartz if NSP intended to
start construction soon. Mr. Schwartz explained a survey
would be conducted first, but the construction will be
completed before the upcoming heating season.
Voting on the motion, motion carried unanimously.
SECOND READING, ORDINANCE NO. 04 - 88, ESTABLISHING SEWER
AND WATER RATES BY RESOLUTION
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COUNCIL MEETING
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Mr. Bohjanen moved to approve the second reading of
Ordinance No. 04 - 88. Mr. Bisel seconded the motion.
Motion carried unanimously. This Ordinance is written in
the May 9, 1988 Council minutes.
IMPROVEMENT HEARING, D. ERICKSON'S 2ND ADDITION, PHASE II:
RESOLUTION NO. 29 - 88, RESOLUTION NO. 34 - 88
Mayor Benson opened the public hearing at 7:59 P.M. Mr.
Stahlberg explained that the entire D. Erickson's, 2nd
Addition is a recorded subdivision. Mr. Erickson has
elected to develop the subdivision in two phases and the
first phase is nearly sold out. He has requested
development of the second phase and this is just a
continuation of what is currently in place.
The Council expressed concern regarding blowing sand in the
first phase and asked that Mr. Stahlberg pursue improving
this condition and letting the contractor know that if the
problem is not corrected, building permits will be withheld.
Mr. Stahlberg explained the same problem exists with
Reshanau Lakes Estates South and Rice Lake Estates. Mr.
Stahlberg will keep the Council updated on this item.
Mr. Stahlberg gave the Council a revised time schedule for
the improvement in Phase II.
There was no one in the audience to speak regarding this
public hearing. Mr. Bisel moved to close the public hearing
at 8:10 P.M. Mr. Bohjanen seconded the motion. Motion
carried unanimously. Mr. Bisel moved to adopt Resolution No.
29 - 88 for D. Erickson's 2nd Addition, Phase II. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 29 - 88
RESOLUTION ORDERING PREPARATION OF PLANS FOR D. ERICKSON'S
2ND ADDITION, PHASE II.
WHEREAS, a certain petition requesting the improvement of
D. Erickson's 2nd Addition, Phase II, was duly
presented to the Council on the 22nd day of Feb-
ruary, 1988; and
AND WHEREAS, pursuant to a resolution adopted by the
Council the 22nd day of February, 1988, a report
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COUNCIL MEETING MAY 23, 1988
has been prepared by Engineer, Ronald Stahlberg
with reference to the improvement and this report
was received by the Council on April 11, 1988;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
1. The Council finds and determines that said petition was
signed by all owners of real property abutting Phase II
of D. Erickson's 2nd Addition named as the location of
the improvement.
2. Mr. Ronald Stahlberg of Toltz, King, Duvall, Anderson
and Associates is hereby designated as the engineer for
this improvement. He shall prepare plans and spec-
ifications for the making of such improvement.
Adopted by the Council this of May, 1988.
;sor /7! -
, Mayor
Benjamin Be
Marilyn G. Anderson, Clerk- Treasurer
Mr. Reinert moved to adopt Resolution No. 34 - 88 approving
plans and specifications. Mr. Bohjanen seconded the motion.
Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 34 - 88
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR D. ERICKSON'S 2ND ADDITION, PHASE
II.
WHEREAS, pursuant to a resolution passed by the Council on
May 23, 1988, the City Engineer has prepared plans
and specifications for the improvement of D.
Erickson's 2nd Addition, Phase II and has pre-
sented such plans and specifications to the
Council for approval;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
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COUNCIL MEETING
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1. Such plans and specifications, a copy of which is
attached hereto and made a part hereof, are hereby
approved.
2. The City Clerk shall prepare and cause to be inserted
in the official paper an advertisement for bids upon
the making of such improvement under such approved
plans and specifications. The advertisement shall be
published once, shall specify the work to be done,
shall state that bids will be received by the Clerk
until 10:00 A.M. June 23, 1988 at which time
they shall be publicly opened in the council chamber
of the city hall by the City Clerk and the City
Engineer, will then be tabulated, and will be con-
sidered by the Council at 7:00 P.M., June 27, 1988
in the council chambers of the city hall. Any bidder
whose responsibility is questioned during consideration
of the bid will be given an opportunity to address the
Council on the issue of responsibility. No bids will
be considered unless sealed and filed with the Clerk
and accompanied by a cash deposit, cashier's check, bid
bond or certified check payable to the Clerk for five
(5%) per cent of the amount of such bid.
Adopted by the Council this
Marlyn Anderson, Clerk- Treasurer
n,amin G. Benson, Mayor
RESOLUTION NO. 30 - 88, SETTING PUBLIC HEARING FOR VACATING
ROADS AND ALL OTHER EASEMENTS IN LAKES ADDITION NO. 7
Mr. Bisel moved to adopt Resolution No. 30 - 88. Mr.
Reinert seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 30 - 88
RESOLUTION SETTING A PUBLIC HEARING DATE FOR VACATION OF
ROAD AND ALL OTHER EASEMENTS IN LAKES ADDITION NO. 7
WHEREAS, the previously platted Lakes Addition No. 7 is
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COUNCIL MEETING MAY 23, 1988
being replatted into Lakes Addition No. 8 and
Lakes Addition No. 9, and,
WHEREAS, the previously platted roads and easements will
not be suited to the replatted Lakes Addition
No. 8 and Lakes Addition No. 9,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA:
That a public hearing be set for June 27, 1988 at
7:30 P.M. to consider the request to vacate the
roads and all other easements in Lakes Addition
No. 7.
Adopted by the City Council t of May, 1988.
171 yn1G. Anderson, Clerk- Treasurer
417
min Benson, Mayor
CONSIDERATION OF RESHANAU LAKE ESTATES, SECOND ADDITION,
FINAL PLAT
Mr. Schumacher pointed out the map behind the Council
Members showing the first, second and third additions of
Phase I. He gave the background on this subdivision.
Mr. Francis Hagen, Sr. of Westwood Planning and Engineering
told the Council that an EAW has been completed as Mr. Uhde
has promised and outlined some of the findings. No concerns
were found during this procedure. He noted that RCWD has
issued a permit stipulating certain precautions for erosion
control because during this construction there will be work
in waterways. Mr. Stahlberg explained the type of wier that
will be installed because this Council has stipulated
stronger controls than what is approved by the RCWD.
There was discussion regarding maintenance of the holding
ponds. A homeowners association will be formed for
maintenance of the ponds. Mr. Reinert was concerned that
the new residents be aware that at some point these ponds
will have to be dredged.
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COUNCIL MEETING MAY 23, 1988
Mr. Schumacher noted several concerns that will be addressed
before the final plat is submitted for Council approval.
They include: 1) abstract must be brought up to date; 2)
park dedication must be adjusted and established before
Phase II is approved; 3) walkout grade elevation and front
grade elevation be maintained per the development plan dated
October 2, 1987; 4) an updated RCWD permit be provided; 5)
note that Environmental Impact Statement is not needed; 6) a
new reproduceable be made by developer combining first and
second addition; 7) extend Deerwood Lane to Birch Street to
provide two entrances to the subdivision; 8) south end of
Deerwood Lane should have a temporary turn around
constructed, a gravel surfaced cul -de -sac with a minimum of
45' radius; 9) a minimum 60' road deed should be obtained
between Birch Street and Deerwood Lane; 10) center snow
storage island should be installed in the two cul -de -sacs;
11) determine that the lots on the cul -de -sacs meet setback
requirements.
Mr. Stahlberg explained that RCWD has required that the
ponding areas be larger than originally designed. He has
suggested an alternate layout of streets and park. Mr. Grey
will provide the park layout. Mayor Benson asked that this
be on the June 6th Park Board agenda.
Mr. Bisel moved to adopt a negative declaration for the need
for an Environmental Impact Statement for the 2nd Addition
of Reshanau Lake Estates South. Mr. Bohjanen seconded the
motion. Motion carried unanimously.
Mr. Bisel moved to appove the final plat of Reshanau Lake
Estates, South, 2nd Addition contigent upon the completion
of the items Mr. Schumacher has listed. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins did not have a report.
ENGINEER'S REPORT - RON STAHLBERG
MSA Road System Addition, Resolution No. 35 - 88 - Mr.
Stahlberg presented a resolution and a map designating a
route for the extension of 7th Avenue to the south until it
reaches 62nd Street. This extension of 7th Avenue is
proposed to be added to this City's MSA street system.
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COUNCIL MEETING
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Mr. Reinert moved to approve Resolution No. 35 - 88. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 35 - 88
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS, BY
ADDING THE EXTENSION OF 7TH AVENUE SOUTH OF BIRCH STREET
TO 62ND AVENUE
WHEREAS, it appears to the City Council of the City of
Lino Lakes that the street hereinafter described
should be designated a Municipal State Aid Street
under the provisions of Minnesota Laws of 1967
Chapter 162:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Lino Lakes, that the road described as follows, to
wit:
7th Avenue from 62nd Street north to Birch Street
be, and hereby is established, located, and designated a
Municipal State Aid Street of said City, subject to the
approval of the Commissioner of Highways of the State of
Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby
authorized and directed to forward two certified copies of
this resolution to the Commissioner of the Department of
Transportation for his consideration, and that upon his
approval of the designation of said road or portion thereof,
that same be constructed, improved and maintained as a
Municipal State Aid Street of the City of Lino Lakes, to be
numbered and known as Municipal State Aid Street 107 (7th
Avenue).
Adopted by the Lino Lakes City Council this 23rd day of May,
1988.
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COUNCIL MEETING MAY 23, 1988
Marilyn G. Anderson, Clerk - Treasurer
Section No. 5 Drainage and Street Extensions and Pine Oaks
Subdivision - Mr. Stahlberg outlined the area on a map shown
on the overhead projector. He noted that the plat of Pine
Oaks is not developed. He explained that he has reviewed
his surface water drainage plan with the P & Z Board and
also noted that the Board has given concept approval to a
120 acre development in this section. He felt this City
should be aware of what is needed in this area for surface
water management.
Mr. Bisel noted that there are spots in this section that
are water logged. Mr. Stahlberg outlined areas that do not
have outlets. He explained that he would like approval from
the Council to develop a surface water management plan
before development is started. Mr. Schumacher noted that
this item is not budgeted but suggested that a construction
account be started to handle this and other similar
projects. Then as the area is developed the developers will
be responsible for paying for their share of the water
management plan.
Mr. Reinert moved to approve the three recommendations
outlined in Mr. Stahlberg's letter of May 19, 1988 and
establish a construction account with a payback program.
Mr. Bisel seconded the motion. Motion carried unanimously.
West Central Sewer and Water Right of Way from Elm Street to
77th Street to Lake Drive - Mr. Stahlberg outlined the
proposed route on the overhead projector and asked for
permission to negotiate acquisition of right -of -way for this
proposed project. Mr. Bisel moved to grant the request.
Mr. Reinert seconded the motion. Motion carried
unanimously.
80th Street Bridge over Hardwood Creek - Mr. Stahlberg
updated the Council on this matter. Bridge funding has now
been granted and TKDA and the Anoka County Engineer have
completed plans for this improvement. He noted that not all
of the right -of -way has been acquired and this will have to
be done before the County will assume the street and inprove
it to state aid standards.
The Council gave Mr. Schumacher authority to write to Anoka
County and put them on notice that they will shortly be
asked to improve this street.
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COUNCIL MEETING MAY 23, 1988
OLD BUSINESS
Home Owners Association - Mr. Hawkins has sent a letter
dated May 11, 1988 to Mr. Schumacher outlining his review of
the GM Development and Homeowners Declarations of Covenants.
Mayor Benson asked that a copy of this letter be sent to
Mrs. Donna Carlson on East Shadow Lake Drive. He also asked
that she and her neighbors be advised of the homeowners
meeting set for June 9, 1988.
League Annual Conference - Mayor Benson asked that Mr.
Schumacher check the agenda to detemine what sessions would
be of value to the staff. Mr. Schumacher said he would
discuss this at the staff meeting on Tuesday. He suggested
that a member of the Economic Development Committee and the
Planning and Zoning Board also attend some of the sessions.
Mr. Schumacher's Letter of May 19, 1988 to Mr. Bill Malinen
- Mr. Schumacher has written to Mr. Malinen notifying him
that as of July 8, 1988 the contract for planning services
is terminated. He noted that White Bear Township is already
advertising for a planner. Mr. Schumacher said he has begun
preliminary discussions with Mr. Miller regarding planning
services for Lino Lakes. He will have further information
on this matter at the next Council meeting.
Survey Letters - Mayor Benson explained that he has had
surveys returned to him with letters. He asked that the Mr.
Schumacher respond to the letters with copies of the letters
to the Council.
Purchase of Mower - Mayor Benson has received a memorandum
from Mr. Volk regarding the purchase of a 72 inch mower.
Mr. Schumacher said the bids have been received and he will
update the Council on this item.
Economic Development Committee Meeting - Mr. Bisel told the
Council that the meeting held on Wednesday, May 18, 1988 was
wonderful. A considerable amount was accomplished and they
will be coming to the Council regarding the direction that
the Economic Development Committee is taking. Mr. Bisel
said he was proud of the staff and noted they were very
professional.
OLD BUSINESS
Tax Forfeit Lots, Resolution No. 33 - 88 - Mrs. Anderson
explained that she has been contacted by Anoka County
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COUNCIL MEETING MAY 23, 1988
regarding several pieces of property that are tax forfeit
and will be placed on auction in the fall. The County is
asking if the City has an interest in the property.
The first area is on Black Duck Drive and Partridge Place.
There are nine lots that are forfeit. The Council did not
express an interest in these lots.
The second area is a triangle piece of property at the
intersection of Highway #49 and Lake Drive. It appears to
be the front yard of 6800 Highway #49. Mr. Stahlberg
explained that this City does have an interest in the
property since the truck sewer line crosses it. Mr.
Schumacher said the City may take an easement for the
utilities and not take the responsibility of fee owner. Mr.
Hawkins explained that it would be costly to obtain an
easement from the State of Minnesota and the City would
still have the responsibility of a fee owner. Mr. Hawkins
suggested that the City obtain title to the property.
The third area is along 4th Avenue. There are two parcels,
one at the north end of Sherwood Green and one at the south
end of Sherwood Green. These two parcels are used for
holding ponds and are intergal to the surface water
management in that area.
Mr. Bisel moved to adopt Resolution No. 33 - 88 to obtain
title to the property at the intersection of Highway #49 and
Lake Drive and the two parcels in the Sherwood Green
subdivision. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
CITY OF LINO LAKES
RESOLUTION NO. 33 - 88
RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN TAX FORFEIT
PROPERTIES FROM THE STATE OF MINNESOTA
WHEREAS, Anoka County Land Commissioner, Gene Rafferty in
his letter dated April 29, 1988 has indicated that
several lots located in the City of Lino Lakes
have been forfeited to the State of Minnesota, and
WHEREAS, the City owns a trunk sewer line that crosses
Parcel 19- 31 -22 -34 -0027, Plat 83315, Parcel 1060,
and
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WHEREAS, the City is using Parcels 08- 31 -22 -23 -0025, Outlot
A, Sherwood Green and 08- 31 -22 -32 -0008, Lot 4,
Block 3, Sherwood Green as holding ponds and these
lots are intregal to the surface water management
plan for the 4th Avenue area,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO
LAKES, MINNESOTA:
that the following described lots be purchased from the
State of Minnesota:
Parcel 19- 31 -22 -34 -0027, Plat 83315, Parcel 1060
Parcel 08- 31 -22 -23 -0025, Outlot A, Sherwood Green
Parcel 08- 31 -22 -32 -0008, Lot 4, Block 3, Sherwood Green
Adopted by the Council of the City of Lino Lakes this twenty
third day of May, 1988.
yn�. nderson, Clerk- Treasurer
enson, Mayor
Mr. Bohjanen moved to adjourn at 9:23 P.M. Mr. Reinert
seconded the motion. Aye.
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