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HomeMy WebLinkAbout07/23/1990 Council Minutes182 COUNCIL MEETING JULY 23, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel on Monday, July 23, 1990 at 6:30 P.M. Council Members present: Neal, Kuether, Reinert, Bohjanen. Council Members absent: none. City Attorney, Bill Hawkins; Public Works Director, Don Volk; City Engineer's Darrell Schneider and Dan Boxrud; City Planner, John Miller; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, July 9, 1990 - Council Member Bohjanen moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried unanimously. Regular Session, July 9, 1990 - These minutes will be considered at the July 23, 1990 Council meeting. CONSIDERATION AND APPROVAL OF DISBURSEMENTS July 23, 1990 - Council Member Neal moved to approve these disbursements as presented. Council Member Bohjanen seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve the disbursements as presented. Council Member Kuether seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF RESOLUTION NO. 47 - 90 TRANSFERRING CERTAIN FUNDS FROM 1987 CONSTRUCTION FUND TO THE 1987 DEBT SERVICE FUND (D. ERICKSON'S SECOND ADDITION, PHASE 1, RESHANAU LAKE ESTATES, 1ST ADDITION) Mr. Schumacher explained the two (2) projects are nearly completed and the purpose of the resolution is to transfer surplus funds from the construction fund to the Debt Service Fund. Council Member Reinert moved to approve the transfer and to adopt Resolution No. 47 - 90. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 47 - 90 can be found at the end of these minutes. CONSIDERATION OF RESOLUTION NO. 46 - 90 ENTERING INTO AN AGREEMENT WITH THE COMMISSIONER OF TRANSPORTATION Mr. Schumacher explained the purpose for this resolution. Council Member Bohjanen moved to adopt Resolution No. 46 - 90. Council Member Reinert seconded the motion. On a roll PAGE 1 1 1 1 COUNCIL MEETING JULY 23, 1990 call vote, motion carried unanimously. Resolution No. 46 - 90 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 01 - 90 CREATING A RURAL BUSINESS RESERVE (R -BR) DISTRICT Council Member Reinert asked if new concerns regarding this matter have surfaced since the first reading of the ordinance. Mr. Miller said that he has not been contacted either for or against the ordinance. Council Member Reinert moved to approve the second reading of Ordinance No. 01 - 90 and dispense with the reading. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Ordinance No. 01 - 90 can be found at the end of the July 9, 1990 Council minutes. DESIGN REVIEW BOARD REPORT - JOHN MILLER Minor Subdivision, Roger and Sylvia Hoisted, DRB Application No. 90 - 25 Mr. Miller explained that Mr. and Mrs. Kolstad own two (2) metes and bounds described properties in Lino Lakes at the corner of 4th Avenue and Pine Street. They have their residence on one (1) of the parcels. Mr. and Mrs. Kolstad wish to sell the second parcel but because of the large amount of wetlands and the location of their residence the only buildable site is near the intersection. The Kolstad's are asking that the north -south division of the property be changed to an east -west division. The parcels will remain the same size and the Design Review Board has recommended approval of the request. Council Member Reinert asked if the Kolstad's have submitted any documentation indicating that the new lot could support an on -site septic system. Mr. Miller explained this is not a requirement, however, the Building Official has indicated that the lot is buildable. Council Member Reinert explained that the lot could be sold and later the new owner could find that the lot is not buildable. Mr. Miller was asked to implement the process of deter wining whether new subdivided lots can support an on -site sep`:`_c system. Mr. Schumacher asked if park dedication fees would be e for this requek.. Mt. . 1R111C1 a(1.1.0 ..^, because there w ere r "l£w lots created. Council Member Bohjanen moved to approve DRB applicat No. 90 - 25. Council Member Neal seconded the motion. 0' roll call vote, motion carried unanimously. PAGE 2 184 COUNCIL MEETING JULY 23, 1990 Minor Subdivision, Variance, Gary Spanier, DRB Applications No. 90 - 36 and 90 - 39 Mr. Miller explained that the applicant asks that a portion of Lot 13, Block 3 of D. Erickson's Second Addition be transferred and given to Lot 12, Block 3. The parcel to be added to Lot 12 is a triangle extending from a point on Aspen Lane to a width of 11.33 feet at the rear lot lines. The transfer of a portion of Lot 13 to Lot 12 will shrink Lot 13 to 300 feet less than the minimum lot size in the R -1 zoning district. This action will require a variance to lot size for Lot 13. In addition, since the lot line between the two (2) will be moved, the current utility and drainage easement will have to be vacated and a new easement approved for the new lot line. Mr. Miller explained that the builder has constructed a house on Lot 12 based on information shown on the lot certificate. When the neighbor's house was constructed, it was apparent that the house on Lot 12 was built too close to the lot line. Approval of the variance, lot split and vacation of original drainage and utility easement will correct the situation. Council Member Reinert said he could not understand how this situation could happen. Mr. Shopek, representing Dennis Erickson explained the mix -up. He noted that both lot owners are in agreement with this proposed resolution. After discussing several other possible solutions, Council Member Bohjanen moved to approve DRB application No. 90 - 36 for the minor subdivision with the stipulation that a new utility and drainage easement be provided with the variance. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Council Member Bohjanen moved to approve DRB application No. 90 - 39 granting a variance for lot size for Lot 13. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Vacation of Easements for Lot 12, Block 3 and Lot 13, Block 3, D. Erickson's Second Addition, Set Public Hearing for August 27, 1990, 7:00 P.M., Resolution No. 41 - 90 Council Member Reinert moved to adopt Resolution No. 41 - 90. Council Member Bohjanen seconded the motion. Motion carried unanimously. Resolution No. 41 - 90 can be found at the end of these minutes. Minor Subdivision, Rick Carlson, DRB Application No. 90 - 40 Mr. Miller explained that before Mr. Carlson can close on the property he is buying from the Soukup's, he must separate the PAGE 3 1 1 1 1 1 COUNCIL MEETING JULY 23, 1990 8 5 Soukup homestead from the property to be known as PineRidge. The configuration of the parcel that will remain the Soukup homestead was discussed including a small jutting parcel where a well is located. Mr. Miller explained that the well is a six (6) inch well and was used for irrigating. He noted that eventually this well will be filled. Mr. Al Ross, 6356 Ware Road asked for an explanation of the vacant area south of his home. Mr. Miller explained that in the future this can be sold for a home site. Council Member Bohjanen moved to approve DRB application No. 90 - 40. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Minor Subdivision, Conditional Use Permit for "0" Lot Line Subdivision, James Schilling - Set Public Hearing for August 27, 1990, 7:00 P.M. Mr. Miller explained that some time ago a couple of lots in Wollen's Estates was zoned R -2 (Two Family District). A duplex or twin home was constructed on one of the lots and was used as rental property. The applicant now wishes to subdivide the lot and sell each residence to persons who will reside in the home. This requires a "zero lot line" split and this request requires a Conditional Use Permit. Mr. Schumacher expressed concern regarding the well and septic system and asked who would be responsible if either facility malfunctioned. Mr. Hawkins explained a "Party Wall" agreement could be utilized or the Council could require that a separate well and septic system be constructed for each of the two (2) units. After further discussion, Council Member Bohjanen moved to set the public hearing. Council Member Kuether seconded the motion. Motion carried unanimously. Preliminary Plat for Willow Ponds, Set Public Hearing for August 27, 1990, 7:15 P.M. Mr. Miller explained that his preliminary plat is for the area west of St. Joseph's Catholic Church and north of Elm Street. Twenty seven (27) single family homes are proposed for the area. Counci Member Bohjanen moved to set the public hearing. Coun411 Member Kuether seconded the motion. Motion carried unanimously. Site and Building Plan Request and conditional Use Pe t for --Dean Quimby to Construct- -an Auto Repair Shop, Set Pub: Hearing for August 27, 1990, 7:10 P.M. Lcuncil Membe ~" Reinert moved to set this public hearing. Council He Bohjanen seconded the motion. Mot ^ n unanimo . Review of Variance Ar„'.ation for PineRidge, DRB App tion - 31 *.= :•liner gave a brief background on th PAGE 4 1 E COUNCIL MEETING JULY 23, 1990 matter and explained that Mr. Carlson has now asked for a number of variances for lot sizes in the PineRidge subdivision. The DRB has reviewed the request and has recommended denial of the variances. The Board Members have again recommended rezoning the parcel stating a massive variance would set a precedent difficult to defend. Mr. Miller reminded the Council of the concerns of the City Bond Consultant and the need for additional connections to the utility lines to pay off the outstanding bonds. He also noted that the present desicn for PineRidge indicates that only fifteen (15) of the thirty seven (37) acres are buildable. The average lot size is in excess of the square footage required for a R -1X zone. Mr. Miller also noted that at least one (1) other subdivision has lot sizes smaller than the R -1 zone. (Rice Lake Estates, PUD zoning) Mr. Reinert noted that a rezone from R -1X to R -1 will take nearly a year and is not a practical solution. He suggested that a PUD development would be precedent setting but controlled, quality development could be realized. Mr. Hawkins explained that the Council could handle the matter in two (2) different ways. The first method would be covenants that run with the property and runs to the City so that the City can enforce the covenants. The second method would be by rezoning to PUD. This would include denying the variance requests. Mr. Miller explained that he and the City Engineer's feel the PUD route would be the best method. He suggested that a public hearing could be set for August 27, 1990. This matter then could be reviewed by the DRB and then there would be time to make a recommendation to the Council. This would mean a month delay. Council Member Neal asked how many lots would be lost if the developer stays with the R -1X zoning. Mr. Carlson said probably six (6). Council Member Neal asked how many acres will be dedicated for parks? Mr. Carlson said 3.7 acres of high ground. He noted that the land is low now but ditching and ponding in the area will drop the water table and create acceptable park areas. Council Member Bohjanen moved to set a public hearing for August 27, 1990 at 8:00 P.M. to rezone PineRidge from R -1X to PUD. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Council Member Neal moved to deny the variance request and DRB application No. 90 - 31 based on Item #3 of Mr. Miller's memorandum date July 5, 1990 to the DRB. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. _ PAGE 5 1 1 COUNCIL MEETING JULY 23, 1990 PUBLIC HEARING, PRELIMINARY PLAT, PHEASANT HILLS Council Member Reinert moved to reschedule this public hearing to August 13, 1990 at 7:30 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. PUBLIC HEARING, PRELIMINARY PLAT, BRANDYWOOD ESTATES Council Member Bohjanen moved to reschedule this public hearing to August 13, 1990 at 7:30 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. ENGINEER'S REPORT Consideration of Specifications for Seal Coating and Ordering Bids - Mr. Boxrud explained that specifications have been prepared for the 1990 Seal Coat Program. The estimate is near the amount budgeted for 1990. Council Member Reinert moved to approve the specifications and to authorize bidding for the 1990 Seal Coat Project. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 43 - 90 Receiving Updated Feasibility Report, Approving Plans and Specifications and Ordering Bids, Minnesota Correctional Facility - Mr. Schneider explained that the updated report has been prepared. He noted that approximately 2100 feet of trunk lines will be constructed to to the entry to the facility. The estimated cost is $273,290.00. Council Member Neal asked about the dater tower at the facility and noted that there are several antennas located on that facility. Mr. Schneider indicated that the State of - Minnesota will make a decision regarding the tower. Council Member Reinert moved to adopt Resolution No. 43 - 90 and dispense with the reading. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried. Council Member Kuether was absent during the voting. Resolution No. 43 - 90 can be found at the end of these minutes. Resolution No. 44 - 90 Ordering-Improvement, Minnesota. Correctional Facility - Council Member Bohjanen moved adopt Resolution-No. 44 - 90 and d_ispen9_® with the °.-1 fig. Cunci1 ::ember Reinert seconded the motion. On a roll 111 vote, motion carried. Council Member Kuether was abs during the voting. Resolution No. 44 - 90 can be found at the end of the minutes. PAGE 6 7 8 COUNCIL MEETING JULY 23, 1990 Change Order, Second Avenue Improvement - Mr. Schneider explained that there are two (2) parts to the change order. Part #1 concerns a storm sewer stub that is proposed to be extended east of Second Avenue to provide an outlet for the Ulmer's Rice Lake Addition area. The outlet will be necessary as the proposed lot splits occur along Second Avenue. The property owner of Lot 7, Block 3, Ulmer's Rice Lake Addition has agreed to grant the City of Lino Lakes the necessary drainage and utility easement to construct the storm sewer extension. Part #2 involves extending watermain service to the home of Mr. and Mrs. Chester Elko, 210 Elm Street. Their well is no longer functioning and are currently connected to the well of the adjoining neighbor. The adjoining neighbor (St. Joseph parsonage) is adjacent to Second Avenue and both sanitary sewer and watermain service will be provided to that residence. It'is proposed that the watermain service be extended to the Elko home by extending service across the parsonage back yard to the Elko home. Mayor Bisel noted that it would be more practical to service the Elko home from Elm Street. Mr. Schneider noted that there are no plans to extend services along Elm Street. He further noted that when services are extended along Rice Lake Drive, the Elko residence will be connected from that direction and the easement across the parsonage backyard will be abandoned. Council Member Neal asked if the Elko property would be assessed for watermain service again. Mr. Schneider said no. Council Member Neal noted that Mr. and Mrs. Elko are senior citizens and will elect to defer their assessments until their property is sold. Council Member Reinert moved to approve Parts #1 and #2 of - the Second Avenue change order subject to obtaining an easement over the parsonage property: Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 35 - 90 Declaring Costs to be Assessed, Woodridge Estates, Rohavic Oaks II and Surrounding Areas Mr. Schneider said that a preliminary assessment roll had been completed. A copy of the roll has been given to Mr. Carlson and Mr. Rosenthal, developers of the two subdivision. Mr. Schneider noted that Mr. Carlson has expressed concern regarding some of the information in the assessment roll. Mr. Ted Mattke, engineer for Woodridge Estates explained that he has looked at individual costs and how they were -_ allocated. He said he was not clear about area charges and storm water drainage costs. He noted that storm water drainage costs were implement after the Woodridge Estates project was well into construction. These costs were not PAGE 7 1 1 COUNCIL MEETING JULY 23, 1990 included in the feasibility study and were not anticipated by the developer. Mr. Mattke explained that he has asked for further documentation in three (3) areas; 1) design /feasibility, 2) construction, 3) other areas. He noted that a number of items such as testing were included in engineering and asked that these costs be separated and itemized. Mr. Schneider told the Council that he has met with Mr. Mattke and has given him what he has requested. He noted that approval of Resolution No. 35 - 90 can be delayed until the next Council meeting. This would allow time to review all questions and concerns. Mr. Carlson explained that he feels the assessment for Woodridge Estates is about $100,000.00 higher than what he had anticipated. Mr. Schneider asked Mr. Carlson to give him a list of all of his concerns in writing. Mr. Hawkins told the Council that a hearing can be set and in the mean time all parties can come together to resolve the questions. If additional time is needed, the hearings can be delayed. Mayor Bisel asked that all concerns be addressed and resolved and bring Resolution No. 35 - 90 back to the next Council meeting for consideration. Council Member Reinert moved to delay action on Resolution No. 35 - 90 until the next Council meeting and direct the City Engineer and staff to get together with Mr. Mattke. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 48 - 90 Calling a Hearing on Proposed Assessment for Woodridge Estates, Rohavic Oaks II and Surrounding Areas for August 27, 1990, 7:45 P.M. - Cow^il Member Reinert moved to approve Resolution No. 48 - 90 znd dispense with the reading. Council Member Bohjanen se <)nded the motion. Motion carried unanimously. Resolution No. 48 - 90 can be found at the end of then: minutes. Resolution No. 45 - 90 Accepting Bids and Awarding Cor act, 1990 Street Wearing Course and Birch Park Parking Lot 4r. Schneider noted that there had been some concern that s improvement would not be done within bucjet. He expit that bids were received below th, . Llxgineer's estimate t within �,rojects have already been assess *: nd the money is in various construction funds. Eight (8) bids were received and the difference betwe he PAGE 8 COUNCIL MEETING JULY 23, 1990 lowest two (2) bidders was less than $2,000.00. Mr. Schneider explained that the low bidder qualified his bid as follows: " Note: Bid using adjusting rings for manholes (steel)" - followed by the initials "DRH ". Mr. Schneider noted that steel adjusting rings were not included in the project specifications and have never been used in Lino Lakes. He explained that he had discussed this matter with Mr. Volk and both are concerned as to the extent to which they would be applicable to castings in Lino Lakes. Mr. Schneider recommended that the Council award the bid to the lowest bidder that followed the specifications. There was discussion regarding the new technology proposed by Aero Asphalt and whether or not Lino Lakes could benefit from it. It was suggested that W. B. Miller, Inc. the next low bidder try one adjusting steel ring on a manhole to see how it would work in Lino Lakes. Council Member Reinert moved to approve the Engineer's recommendation and award the bid to W. B. Miller, Inc. as the qualified bidder, reason being that the low bidder did not follow specifications and adopt Resolution No. 45 -90. Council Member Kuether seconded the motion. On a roll call vote, motion carried unanimously. Resolution No. 45 - 90 can be found at the end of these minutes. ATTORNEY'S REPORT Mr. Hawkins explained that the notice of awards for the eminent domain process in the Section 18, 19 Storm Water Improvement Project has been received. He distributed a copy to the Council Members. Mr. Hawkins explained that all _ landowners affected in this matter will be notified by the end of this week. There was discussion regarding the discrepancies in values between what the City Appraiser had determined and the actual awards. Mr. Hawkins also explained that the property owners will have a period of time to appeal the awards to district court. Mayor Bisel asked Mr. Hawkins to explain the good and bad qualities of the process. Mr. Hawkins explained that politics were removed from the decision. It takes a subjective aspect and puts it into the hands of a neutral party. The bad side of the process is that it takes time and is expensive. OLD BUSINESS Mr. Boxrud explained that since the Council will be - considering a PUD zoning for PineRidge, it would be appropriate to set the improvements public hearing. Council PAGE 9 COUNCIL MEETING 9 JULY 23, 1990 Member Reinert moved to set the public hearing for August 27, 1990, 8:15 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. (Resolution No. 25 - 90 was passed on July 9, 1990 setting the hearing for the public improvements for August 13, 1990 at 7:15 P.M.) Mayor Bisel complimented both TKDA and SEH for their cooperative exchange and ability to work together for the betterment of Lino Lakes. NEW BUSINESS Beer Permit Request for Sandburr Days - Council Member Bohjanen moved to approve the permit. Council Member Kuether seconded the motion. Motion carried unanimously. Beer Permit Request for St. Joseph Catholic Church Annual Festival - Council Member Kuether moved to approve the permit. Council Member Reinert seconded the motion. Motion carried unanimously. Inside Sports - Council Member Neal noted the publicity regarding the proposed facility and explained that a ground breaking ceremony is scheduled for next week. Mr. Schumacher explained that it is unique that they would have ground breaking before the Council has approved the project. However, Inside Sports would like to capture some publicity while Mr. Winfield is in town. He noted that they are fully aware that the City has not given any approvals. Fire Chief - Council Member Neal referred to a newspape article in one of the local papers regarding a candidate for Fire Chief. Council Member Neal felt the article was discriminatory and suggested that the Council not accept the recommendation of the Committee for Fire Chief. After further discussion, Mr. Schumacher explained the proce.3 of selecting the new Fire Chief. He noted that the perso' that was quoted in the newspaper was not the consultant hire -i to guide the selection committee and it would be very dif icnit to control remarks from the general public. The selection committee reduced the applicants to five (5) candidates. A final interview was conducted on Saturd rand the candidates were reduced to three (3). Council Mer r Neal said he was unhappy with the process and the way le people were conducting themselves. Mr. Schumacher said that the Council should be meeting is week to select the Fire Chief. Park Board Rpmue t fr,_ °undinq an Overall Land Use St for City rarxs - Mr. Volk explained that the Park Board i looking at completing a comprehensive park plan and development guide. They have requested that the Cour PAGE 10 COUNCIL MEETING JULY 23, 1990 authorize them to use $1,000.00 from the Dedicated Parks Fund to hire Brauer & Associates, LTD. to establish the scope and the estimated cost of the comprehensive park plan. After discussing the matter, Mayor Bisel said he would like to see something in writing that says what the $1,000.00 is paying for. Mr. Volk said that he would prepare a statement for the Council describing what the Park Board expects the consultant to accomplish. Council Member Neal noted that the Park Board is very dedicated and enthusiastic. Council Member Kuether said the concept is good, but further information is needed. 1991 Budget - Mr. Schumacher noted that it is budget time and a preliminary budget figure and levy must be submitted to the County by September 1, 1990. He expected to have a Council Budget Work Session the weeks of August 13th and August 20th. Mayor Bisel noted that the Centerville Police Contract must be completed for the budget process. Council Member Bohjanen moved to adjourn at 9:45 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on August 13, 1990. Harold L. Bisel, Mayor G. An erson, Clerk- Treasurer PAGE 11 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 47 -90 RESOLUTION AUTHORIZING THE CITY ACCOUNTANT TO TRANSFER FUNDS FROM THE 1987 CONSTRUCTION FUND TO THE 1987 DEBT SERVICE FUND. WHEREAS, WHEREAS, WHEREAS, as of December 31, 1989, there remained a cash balance in the 1987 construction fund of $135,944 and, the Improvement bonds of 1987 financed the 1987 construction projects and, construction on the projects included in this fund, Reshaunau Lake Estates South, Phase 1, and D. Erickson's 2nd addition, Phase 1, has been completed, except for final paving, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the cash balance in 1987 Construction Fund amounts for paving and aerial map charges be transferred to the 1987 Debt Service Fund. Adopted by the Lino Lakes City Council this 23rd day of July, 1990. less (-2 Maril Page -1- }A/,_6 G. Anderson, Clerk- Treasurer Harold L. Bisel, Mayor Resolution No.47 -90 cont. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereas the resolution was declared duly passed and adopted. 1 Page -2- 1 1 Council Member Bohjanen introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 46 — 90 RESOLUTION ENTERING INTO AN AGENCY AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION REGARDING ACCEPTING FEDERAL AID ON THE CITY'S BEHALF FOR ROAD AND BRIDGE CONSTRUCTION AND IN CONTRACTING FOR THE CONSTRUCTION, IMPROVEMENT OR MAINTENANCE OF ROADS OR BRIDGES FINANCED EITHER IN WHOLE OR PART WITH FEDERAL MONEY WHEREAS: pursuant to M.S. 161.36 the City desires the Commissioner to act as its agent in accepting federal aid on the City's behalf, for road and bridge construction and in contracting for the construction, improvement or maintenance of roads or bridges financed either in whole or part with federal moneys, and WHEREAS: M.S. 161.36, Subdivision 2, requires that the terms and conditions of the agency be set forth in an agreement; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That pursuant to section 161.36, Subdivision 1 through 6, Minnesota Statutes, the Commissioner of Transportation be appointed as agent of the City of Lino Lakes to let as its agent, contracts for the construction of local roads and bridges, and the Mayor and the City Clerk are hereby authorized and directed for and on behalf of the City -:o execute and enter into a contract with the Commissions of Transportation prescribing the terms and conditions of such contracts in the form as set forth and contained in "Minnesota Department of Transportation Agency Agreemc :•a copy of which said agreement was before the City Counc 1, assuming on behalf of the City all of the obligations herein contained. Adopted by the ^ ^uncil of the City of Lino Lakes this day of July, 1990. � Y � Harold L. Bisel, Mayor 195 6 RESOLUTION NO. 46 - 90 PAGE -2- Marily G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen The following voted against same: None Whereupon the resolution was declared duly passed and adopted. 1 1 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 41 - 90 RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF EASEMENTS IN D. ERICKSON'S SECOND ADDITION WHEREAS: D. Erickson's Second Addition is an approved subdivision within the City of Lino Lakes; and WHEREAS: A surveying error lead to construction of a dwelling too close to the property line between Lots 12 and 13 of Block 3 of the additions; and WHEREAS: A minor subdivision has been approved to add area to Lot 12, correcting the setback. 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 Monday, August 27, 1990 at 7:30 P.M. to consider vacating unneeded easements on Lot 12 and Lot 13, Block 3 of D. Erickson's Second Addition. Adopted by the Lino Lakes City Council this 23rd day of July, 1990. Harold L. Bisel, Mayor 1V -69 Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolutic was duly seconded by Council Member Boh -anen an(: ipon vote being taken thereon, the following voted in favor Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None Whereas the resolution was declared duly passed and a .ed. Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 43 - 90 RECEIVING MINNESOTAICORRPLANS IONAL SPECIFICATIONS WHEREAS, pursuant to a resolution of the Council adopted July 9, 1990, a report has been updated by Toltz, King, Duvall, Anderson and Associates with reference to the installation of sanitary sewer and municipal25 water to the Minnesota Correctional Facility, 4th Avenue, Lino Lakes, Minnesota, and WHEREAS, pursuant to a resolution passed by the Council on July 9, 1990, the City Engineer has prepared p lans and specifications for installation of sanitary sewer and municipal water to the Minnesota Correctional Facility, 7504 - 4th Avenue 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. The Council will consider the improvement in accordance with the report and the assessment of benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $273,290.00. 2. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 3. The City Clerk shall prepare and cause to be inserted in the official paper ad advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 A.M., Thursday, August 23, 1990, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk and Engineer, will be tabulated and will be considered0 by n the Council at 6:30 P.M. on Monday, August 27, PAGE 1 1 1 RESOLUTION NO. 43 - 90 the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the 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 Lino Lakes City Council this 23rd day of July, 1990. Harold L. Bisel, Mayor Marilyn G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. PAGE 2 9 9 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 44 - 90 RESOLUTION ORDERING IMPROVEMENT - MINNESOTA CORRECTIONAL FACILITY WHEREAS, pursuant to resolution of the Council adopted July 9, 1990, a report has been prepared by TKDA with reference to the improvement, and this report was received by the Council on July 23, 1990, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted July 9, 1990. 2. Darrell Schneider of TKDA is hereby designated as the engineer for this improvement. Adopted by the Lino Lakes City Council this 23rd day of July, 1990. Harold L. Bisel, Mayor Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 Council Member Reinert and moved its adoption: introduced the following resolution CITY OF LINO LAKES RESOLUTION NO. 48 - 90 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR WOODRIDGE ESTATES AND SURROUNDING AREAS WHEREAS: by a resolution passed by the Council on July 23, 1990, the City Clerk was directed to prepare a proposed assessment of the cost of improving Woodridge Estates and the surrounding area, and WHEREAS: the Clerk has notified the 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 the August 27, 1990, in the city hall at 7:45 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 br 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 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 give- to the owners of each parcel described in the assessment roll not less than two 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 ass ;went on such p oYt'r`" . with interest accrued to t date of payment, to the City Clerk - except that no interest shall be charged if the entire asses eat is paid within thirty (30) days from the Par : — of the assessment. He may at arry time there er, pay to the City Clerk the entire +`amount of t assessment remaining unpaid, with interest w Aed to December 31, of the year in which such p? at is made. Such payment must be made before PAGE 1 (: 1 Resolution No. 48 - 90 Page -2- October 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council of the City of Lino Lakes this 23rd day of July, 1990. Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None Whereupon the resolution was declared duly passed and adopted. PAGE 2 1 Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 45 - 90 RESOLUTION ACCEPTING BIDS FOR 1990 STREET WEARING COURSE AND BIRCH PARK PARKING LOT WHEREAS: pursuant to an advertisement for bids for the 1990 street wearing course and Birch Park parking lot improvement, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS Aero Asphalt W. B. Miller, Inc. Bituminous Consulting & Contr. Alexander Construction Barber Construction Northwest Asphalt Midwest Asphalt Ashbach Construction AMOUNT OF BID $130,530.00 132,418.75 134,182.75 137,275.00 144,985.00 150,871.00 154,509.95 159,616.00 AND WHEREAS, the low bidder, Aero Asphalt qualified his bid by including adjusting rings for manhole : °, an item not included in the specifications �d never used in Lino Lakes, AND WHEREAS, it appears that W. B. Miller, Ramsey, Minnesota is the lowest responsible bidd , NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TE CITY rw LINO LAKES, MINNESOTA: 1.• The Mayor and the Clerk are hereby authorized and directed t, ,_sr t4_ into the attached contract with B. Mil , Inc., Ramsey, Minnesota for the improveme f Second Avenue according to the plans and specific ns therefor approved by the City Council and on file the office of the City Clerk. PAGE 1 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained RESOLUTION NO. 45 - 90 until a contract has been signed. Adopted by the Lino Lakes City Council this 23rd day of July, 1990. Harold L. Bisel, Mayor Marilyn Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereupon the resolution was declared duly passed and adopted. PAGE 2