Loading...
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 PAGE 1 1 1 1 1 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 PAGE 2 051 058 COUNCIL MEETING MAY 23, 1988 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 PAGE 3 1 1 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: PAGE 4 059 060 COUNCIL MEETING MAY 23, 1988 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 PAGE 5 1 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. PAGE 6 061 062 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. PAGE 7 1 1 COUNCIL MEETING MAY 23, 1988 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. PAGE 8 0.63 064 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. PAGE 9 1 1 1 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 PAGE 10 p66 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 PAGE 11 1 1 COUNCIL MEETING MAY 23, 1988 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. 067