Loading...
HomeMy WebLinkAbout09/09/1991 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES SEPTEMBER 9, 1991 DATE September 9, 1991 TIME STARTED 6:32 P.M. TIME ENDED 8:17 P.M. MEMBERS PRESENT: Bisel, Bohjanen, Kuether, Neal, Reinert MEMBERS ABSENT : None Staff members present: Attorney, Bill Hawkins; Engineer's, Darrell Schneider and Dan Boxrud; Public Works Director, Don Volk; Planner, John Miller; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. Mayor Bisel asked if there were any additions to the agenda. Mr. Schumacher explained that Attorney Burke is waiting to meet with the City Council in a closed session regarding the Ross litigation. Mr. Burke has asked for this meeting as soon as possible. Mr. Schumacher also informed the Council that he would be leaving at 8:45 to meet with the White Bear Town Board regarding hiring a financial person. CONSENT AGENDA Council Member Bohjanen moved to approve the Consent Agenda as presented. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Regular Session, August 26, 1991 Approved DISBURSEMENTS: August 31, 1991 Approved September 9, 1991 Approved Centennial Fire District Approved The Council adjourned to a closed session from 6:32 P. M. to 7:02 P.M. OPEN MIKE REGULAR AGENDA PAGE 1 76 77 COUNCIL MEETING No one appeared under Open Mike. PLANNER'S REPORT - JOHN MILLER SEPTEMBER 9, 1991 Minor Subdivision for Steve and Linda Bailey - Mr. and Mrs. Bailey have purchased approximately 48 acres of land on Birch Street near 20th Avenue. They are proposing to subdivide the land into three parcels fronting on Birch Street. Each parcel would have more than the required ten (10) acres and 330 feet of frontage required in the "Rural" zoning district. There is a considerable amount of wetland on the southeast and east portions of the property. Access from 20th Avenue would not be permitted because the wetlands would be impacted. The applicants have provided a resubdivision plan for the 48 acres which does show that the land can be resubdivided when sewer services become available. The DRB has considered the application and have recommended approval with contingencies: 1) granting of an easement to Anoka County for additional road right -of -way; 2) payment of an $800.00 park dedication fee. Council Member Bohjanen moved to approve the minor subdivision for Mr. and Mrs. Bailey subject to the two (2) contingencies listed above. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. Kuether Consideration of Final Plat for Reshanau Lake Estates South, 4th Addition - Mr. Miller explained that the preliminary plat contains both the 4th and 5th Additions. However, the developer is proceeding with only the 4th Addition at this time. The plat was shown on the overhead projector. There are 36 lots and the plat has been reviewed by the staff and approval is recommended. Council Member Reinert moved to approve the final plat of Reshanau Lake Estates South, 4th Addition contingent upon the receipt of the signed development contract and receipt of letters of credit for grading and for installation of public improvements. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: PAGE 2 1 1 1 1 COUNCIL MEETING Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. Kuether SEPTEMBER 9, 1991 Set Public Hearing to Rename 74th Street to Apollo Drive for Monday, October 14, 1991, 7:00 P.M. - Council Member Reinert moved to set this public hearing. Council Member Bohjanen seconded the motion. Motion carried unanimously. Set Public Hearing to Rename West Street to White Tail Ridge for Monday, October 14,1991, 7:15 P.M. - Council Member Kuether moved to set this public hearing. Council Member Bohjanen seconded the motion. Motion carried unanimously. Consideration of a Petition Requesting Environmental Work Sheet (EAW) for a Portion of Oak Brook Peninsula - Mr. Miller gave a brief background on this matter explaining that this request was presented to the City Council at the last meeting. The Council tabled action and referred the matter to the attorney representing the City in the litigation brought against the City on the Oak Brook Peninsula plat. Mr. Hoff of the law firm Hoff and Allen has prepared a finding of facts on this matter and is recommending that the City Council deny the request for an EAW. Mr. Miller read the finding of facts. Council Member Reinert referred to a letter written by the Anoka County Conservation District and asked what their roll is in this matter. Mr. Miller explained that the developer is required to obtain all necessary permits from all the required agencies. He noted that some agencies such as the Anoka County Conservation District are trying to expand their powers. They are not included in the EAW review process and have no authority regarding this subdivision. Mr. Miller also noted the concern of the City Administrator and several other staff members regarding the power other agencies have over property in Lino Lakes. It almost appears that the City Council has very limited control over property development in Lino Lakes. Mr. Miller read portions of the letter from the Anoka County Conservation District that refer to areas where they should not be involved. Mr. Miller explained that the City is not required to send them information that they are requesting. Frank Kern, 2019 Otter Lake Drive explained that although the petition requesting a second EAW had been filed improperly, he felt that the first EAW had not been sufficiently circulated and PAGE 3 78 COUNCIL MEETING SEPTEMBER 9, 1991 comments were not requested on the soils. He also noted that the various agencies had not commented on the changes that are to be made to the site. He noted that the proposed street does not meet set back requirements, and issues such as if the street is to be a private street or not were not addressed. Mr. Kern noted that a number of changes have taken place since the first EAW was circulated. He said he felt that the first EAW was a "royal screw up" and there could be a major environmental impact on the area if development is allowed to proceed. He named people who expressed concern and noted that originally the Rice Creek Watershed District was not included in the EAW study. Mr. Kern asked for an expanded EAW. Council Member Bohjanen explained that he and the Council have studied this matter extensively and could delay the development by requesting further study. Council Member Bohjanen said he felt further delay was not necessary and moved to approve the findings of fact provided by Mr. Hoff and deny the request for an another EAW. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Efl Abstained: none Motion carried. Bohjanen Reinert Kuether Consideration of a Petition Requesting Environmental Work Sheet (EAW) for Amelia Lake Town Homes - Mr. Miller explained that Mr. Birch is working with other regulatory agencies regarding his proposed town home project. At this time he is in compliance with the Vadnais Lake Area Water Management Organization and no other agencies have expressed concerns regarding the berm. Mr. Birch is trying to resolve some of the environmental issues before the EAW is considered and this is beneficial to everyone. No permits can be granted for the site until the issue of an EAW is resolved by the City Council. Mr. Miller requested an extension of the time deadline in considering an EAW petition for Amelia Lake Estates. Council Member Bohjanen moved to table consideration of an EAW for Amelia Lake Estates. Council Member Kuether seconded the motion. Motion carried unanimously. Set Public Hearing for Rezone of Weaver Property, Hokanson Development for October 14, 1991, 7:30 P.M. - Council Member Bohjanen moved to set this public hearing. Council Member Reinert seconded the motion. Motion carried unanimously. PAGE 4 1 1 1 1 COUNCIL MEETING SEPTEMBER 9, 1991 CONSIDERATION OF A REQUEST FROM CHIEF CAMPBELL CONCERNING HIRING OF COMMUNITY SERVICE OFFICER Chief Campbell noted that the Community Service Officer (CSO) had resigned in August. The eligibility list for the Community Service Officer has been reviewed from last year and one (1) candidate is currently interested in the position and has excellent background qualifications for the position. Chief Campbell explained the candidates background regarding crime prevention and clerical experience and noted that this candidate would not use the position as a "stepping- stone" to a variety of other law enforcement positions. Chief Campbell recommended that the City Council offer the CSO position to the most qualified candidate on the current eligibility list, Jeannie Kenow. Council Member Reinert moved to approve Chief Campbell's recommendation and offer the position to Jeannie Kenow. Council Member Bohjanen seconded the motion. VOTING ON THE MOTION: Bisel Neal Abstained: none Bohjanen Reinert Motion carried unanimously. Kuether PUBLIC HEARING, RESHANAU LAKE ESTATES SOUTH, THIRD ADDITION ASSESSMENT HEARING, RESOLUTION NO. 93 - 91 Mr. Schneider explained that the improvement is significantly completed and the affected property owners have been notified of this assessment hearing. There are 30 lots in the addition and a substantial number of lot assessments have been prepaid. Mayor Bisel opened the public hearing at 7:43 P.M. There was no one to speak for or against the assessment. Council Member Bohjanen moved to close the public hearing at 7:44 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to adopt the assessment for Reshanau Lake Estates South, Third Addition and Resolution No. 93 - 91. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: none PAGE 5 80 81 COUNCIL MEETING SEPTEMBER 9, 1991 Motion carried unanimously. Resolution No. 93 - 91 can be found at the end of these minutes. ENGINEER'S REPORT Resolution No. 91 - 91 Ordering Improvement, Reshanau lake Estates South, 4th Addition - Mr. Schneider explained that plans and specifications were approved and authorization to advertise for bids were given at the August 12, 1991 Council meeting. A public hearing was held at this same meeting. The developer has waived 50 of the 60 waiting day period. Mr. Schneider asked the Council to consider ordering this improvement. Council Member Reinert moved to order the improvement and adopt Resolution No. 91 - 91. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen Kuether Neal ❑ Reinert Abstained: none, Council Member Neal was out of the Council chambers during this vote. Motion carried. Resolution No. 92 - 91 Accepting Bids, Reshanau Lake Estates South, 4th Addition - Mr. Schneider explained bids were received on Friday and have been reviewed. The low bidder, Mille Lacs Contracting has never worked in Lino Lakes. However, Mr. Schneider was familiar with their work in White Bear Lake and recommended that the bid be awarded to them provided that the necessary financial guarantees and developers agreement is provided by the developer. Council Member Bohjanen moved to adopt Resolution No. 92 - 91 awarding the bid to Mille Lacs Contracting subject to the proper financial guarantees and the developers agreement being forwarded to the City. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent during the voting. Motion carried. Resolution No. 92 - 91 can be found at the end of these minutes. PAGE 6 1 1 1 1 1 COUNCIL MEETING SEPTEMBER 9, 1991 Resolution No. 94 - 91 Ordering Improvement, Elevated Water Storage - Mr. Schneider explained that plans and specifications were approved for this improvement and a public hearing was held on August 12, 1991. He recommended that the Council order this improvement. Council Member Bohjanen moved to adopt Resolution No. 94 - 91 ordering the elevated water storage improvement. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether ❑ Neal © Reinert Abstained: none, Council Member Kuether was absent during the voting. Motion carried. Resolution No. 94 - 91 can be found at the end of these minutes. Resolution No. 95 - 91 Accepting Bids, Elevated Water Storage - Mr. Schneider explained that bids were received and a report has been made regarding the three (3) designs discussed at a Council work session. Bids were taken on all aspects; two (2) different sizes, three (3) different designs, overhead garage door, cement slab and installation of a cathodic protection system. Mr. Schneider recommended that the Council approve the installation of stubs for antennas. These antennas can be rented to various users such as cellular telephone companies to gain additional income. Mr. Schneider noted that all of the bids were very competitive and the lowest he has seen in some time. There was discussion regarding the use of the space at the base of the water tower. Mr. Volk explained that this is good usable space at a very reasonable cost. Mr. Schneider used the overhead projector and showed the details of each of the three (3) types of water towers. There was discussion regarding whether this City could use a 1,000,000 gallon tank. Mr. Schneider explained that the 1,000,000 gallon tank would be the only tank this City would need for the next 10 years. If the City decided to build a 750,000 gallon tank, another tank would be needed in five (5) to seven (7) years. In addition, the cost of water per gallon would be less because of the efficiency in building a 1,000,000 gallon tank. Mr. Schumacher asked if the bid could be tabled until the next Council meeting. He would like time to obtain a "right of entry" to the property prior to awarding the bid. Mr. Schneider said the bids were good for 30 days. Council Member Reinert moved to delay action on Resolution No. 95 PAGE 7 82 COUNCIL MEETING SEPTEMBER 9, 1991 - 91 until the next Council meeting. Council Member Bohjanen seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT Mr. Hawkins did not have a report. CONSIDERATION OF SUBMITTING A LIST OF NAMES FOR CHARTER COMMISSION APPOINTMENTS Mr. Schumacher has asked Judge Gibbs to delay appointing members to the Charter Commission until the vacant positions could be advertised. No new names have been submitted since the vacancies were advertised and since the last Council meeting. Council Member Bohjanen moved to submit the following names to Judge Gibbs: Sally Kuether, Curt Pelarski, Pat Smith, Ina Liljedahl, Bob Williams, Bill Houle, Joyce Scharpen, Ray Johnson and Rolf Iverson. Council Member Kuether seconded the motion. VOTING ON THE MOTION: Bisel Neal Bohjanen Reinert Abstained: none Motion carried unanimously. OLD BUSINESS Kuether Council Member Reinert noted that the Council had allocated $400.00 to be used for the staff picnic. Since that time donations have been received for the picnic. Mr. Reinert asked what will happen to the $400.00? Mr. Schumacher explained that the money will remain in the General Fund and be transferred for that use. NEW BUSINESS Mr. Schumacher explained that the North Metro Mayor's Association has appointed a committee to prepare a recommendation to the state legislature regarding the use of the new sales tax that will replace local government aids. Mr. Schumacher was appointed to represent cities of 10,000 population. The League of Minnesota Cities will also make recommendations regarding the use of this new tax. However, the North Metro Mayor's Association felt it was critical to get some portion of the formula that will assist municipalities like Lino Lakes. Mayor Bisel felt it was good for Lino Lakes that Mr. Schumacher PAGE 8 1 1 1 COUNCIL MEETING SEPTEMBER 9, 1991 was appointed to this committee. Council Member Reinert said he felt that there is a push by the legislature for communities to get together and do more in the area of shared services. He asked that Mr. Schumacher's committee look at this idea. Council Member Reinert felt that communities that use shared services should be rewarded for their efforts. This will save taxpayers extra dollars and promote cooperation among communities. Council Member Bohjanen moved to adjourn at 8:17 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on September 23, 1991. Marilyrf/ G. Anderson, Clerk- Treasurer Harold L. Bisel, Mayor PAGE 9 84 Council Member Reinert introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 91 - 91 RESOLUTION ORDERING IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, 4TH ADDITION WHEREAS: a resolution of the City Council adopted the 8th day of July, 1991, fixed a date for a Council hearing on the proposed improvement of Reshanau Lake Estates South, 4th Addition, WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 12th of August, 1991, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS: the petitioner for the improvement has petitioned that fifty (50) of the sixty (60) days waiting period required in Section 8.04, Subd. 1 of Chapter 8 of the Lino Lakes City Charter, be reduced to ten, (10) days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 8th day of July, 1991. Adopted by the Council this 9th day o September, 1991. Har o L. Bisex,i ayor erson, C er - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: Where upon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 91 RESOLUTION ACCEPTING BIDS FOR THE RESHANAU LAKE ESTATES SOUTH, 4TH ADDITION IMPROVEMENT WHEREAS: pursuant to an advertisement for bids for the Reshanau Lake Estates South, 4th Addition improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Mille Lacs Contracting, Inc. $213,112.00 Route #1, Box 136 Wakkon, Mn. 56386 Annandale Contracting, Inc. 221,202.50 Route 1, Box 19 Annandale, Mn. 55302 Northdale Construction Company, Inc. 248,272.50 14450 Northdale Blvd. Rogers, Mn. 55374 Brown & Cris, Inc. 251,347.15 East Frontage Road of I -35 19740 Kenrick Avenue Lakeville, Mn. 55044 Barbarossa & Sons, Inc. 11000 - 93rd Avenue North P. O. Box 367 Osseo, Mn. 55369 298,040.50 AND WHEREAS, it appears that Mille Lacs Contracting, Inc. Route #1, Box 136, Wakkon, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and the Clerk are hereby authorized and directed to enter into the attached contract with Mille Lacs Contracting, Inc., Wakkon, Minnesota for the construction of the Reshanau Lake Estates South, 4th 86. Council Member Bohjanen introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 91 RESOLUTION ORDERING IMPROVEMENT OF STORAGE FOR WATER SYSTEM (ELEVATED WATER STORAGE FACILITY) WHEREAS: a resolution of the City Council adopted the 8th day of July, 1991, fixed a date for a Council hearing on the proposed improvement of storage for water system (Elevated Water Storage Facility), WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 12th of August, 1991, at which all persons desiring to be heard were given an opportunity to be heard thereon, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 8th day of July, 1991. Adopted by the Council this 9th day of September, 1991. Harold L. Bise , Mayor r . lyn Anderson, Clerk- Treasurer The motion for 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, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was absent. Where upon said resolution was declared duly passed and adopted. 1 1 88 RESOLUTION NO. 93 - 91 Page -2- 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 9th day of September, 1991. I) Marlyn Haro d L. Bisel, Mayor 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 thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. 89 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 93 - 91 RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF RESHANAU LAKE ESTATES SOUTH, THIRD ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the above improvement of Reshanau Lake Estates South, Third Addition, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday in January, 1992 and shall bear interest at the rate of nine (9) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31, of the year in which such payment is made. Such payment must be made before October 15, or interest will be charged through December 31 of the next succeeding year. 1 1 RESOLUTION NO. 92 - 91 PAGE -2- Addition improvement, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $213,112.00. 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 until a contract has been signed. Adopted by the Lino Lakes City Council this 9th day of September, 1991. hn Marilyn n erson, Clerk- Treasurer Harold L. Bise Mayor 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, Bisel, Reinert, Bohjanen. The following voted against same: none, Council Member Kuether was absent. Whereupon said resolution was declared duly passed. 90