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Home My WebLink About07/11/1994 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JULY 11, 1994 DATE... s.. ..........:...::...........................:.:...:........... TIME STARTED TIME: :.ENDED' MEMBERS PRESENT: MEMBERSABSENT July 11, 6.: 0. P.M :....... ...... ..................................................... .................................................... ..................................................... 7:22 < P.M. Reinert, Neal, Kuether Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Community Development Director, Brian Wessel; Consulting Engineers, Brian Bourassa and John Powell; Chief of Police, David Pecchia; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA: Mr. Schumacher asked that Item No. 11D, Oral Report of Bald Eagle Lake Association Meeting be tabled until the July 25, 1994 City Council meeting. Council Member Kuether is absent tonight and cannot give the report. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. ITEM Consideration of Minutes, See New Business Consideration of Disbursement: - June 30, 1994 - July 11, 1994 - Centennial Fire Department REGULAR AGENDA OPEN MIKE PAGE 1 DISPOSITION Approved Approved Approved 26I 262 COUNCIL MEETING JULY 11, 1994 Al DeMotts, 6265 Holly Drive - Mr. DeMotts asked if anyone could prove to him how increasing the City's tax base saves taxpayers money? He referred to his property as an example. He noted that his property value has not increased much in the past 16 years, however his taxes have increased many times. Mr. DeMotts said he felt that increasing the tax base did not lower property taxes. He suggested that if the City did not develop land, but just let it lay, it does not cost the City any money because there will not be a need for additional fire and police protection, additional roads and new schools. He said that the tax base increases when new homes are constructed, but the new homes require additional services. Mayor Reinert explained that the City Council could not answer the question this evening but would refer the question to staff for an answer. He noted that the school taxes in Lino Lakes are very high. However, he also explained that when he moved to Lino Lakes, the City taxes were nearly the highest in the entire state. However, this problem was addressed by the City Council and now the City portion of the taxes ranks about 34th in the state. Mayor Reinert felt that the Lino Lakes residents really are getting more for their tax dollar at this time. Mr. DeMotts again stated that by increasing the number of homes in the City the expenses are also increased. Mayor Reinert explained that is why the City is actively moving in the direction of strong commercial and industrial development. He also noted that it is difficult to bring in quality commercial and industrial businesses if there are few homes to support the businesses. Mayor Reinert explained that Lino Lakes is a fast growing community and taxes are high. It is a beautiful area and this will attract further growth. Mr. DeMotts said he felt that Lino Lakes needs to preserve the land and asked if the City is still committed to developing a certain number of residential lots to help make bond payments. Mr. Schumacher explained that the City is bound by law to pay its debts. He suggested that Mr. DeMotts was referring to a report that stated a certain number of connections to utilities were needed to insure that bond payment could be met. Mr. Schumacher explained that all funds are financially sound and all debts are being paid in a timely manner. Mr. DeMotts again asked about the report that said 70 to 80 new homes must be connected to utilities to pay the bond debt. Mayor Reinert explained that at times, utilities in new subdivision are constructed using bond funds. A certain number of connections would be needed to repay the bonds. Mr. DeMotts noted that state aid is used to pay for the construction of a new street. He noted that state aid is PAGE 2 1 1 1 1 1 1 COUNCIL MEETING JULY 11, 1994 taxpayers dollars so in the end taxpayers still pay for the construction of a new street. Mayor Reinert explained that state aid for streets is a method of insuring that "connecting" streets in every community are all constructed to the same standards. Mr. DeMotts asked if state aid streets are constructed wider and heavier than normal city streets. Mr. Schneider explained all streets constructed with state aid money must meet the standards set by the State of Minnesota. These standards are normally heavier and wider that city residential street standards. Mr. DeMotts asked if Birch Street is a state aid street. Mayor Reinert explained that Birch Street is a county state aid street. Mr. DeMotts noted that the street is not very old and is already getting rough from heavy traffic. John Tobish, owner of vacant property to the south of Fox Trace explained the location of his property and noted that since construction started on Fox Trace, he has had water on his property. He noted that he did not have a water problem prior to this construction. Mr. Schneider said he would check with the consulting engineer on the project and will also meet with the field inspector. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Ms. Wyland was not at the meeting and did not have a report. CITY ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 39 Approving Plans and Specifications and Ordering Advertisement for Bids, Wear Course/Seal Coating - Mr. Schneider explained that bituminous wearing courses are not installed in subdivisions until 80% of the lots have new homes completed on them. Also, park trails are constructed by the developer through the aggregate base leaving only the bituminous surface for the City to complete. Bituminous surfacing is phased in this manner to minimize the likelihood of it being damaged by other construction activity after it has been installed. There are several subdivisions where it is appropriate to complete the roadway wear course and trail surfacing. All of the surfacing work has been combined into one larger project to be more cost effective. The cost of bituminous wearing courses are usually paid by the developer either through an assessment or the provision of an escrow account. Streets and trails on which bituminous wearing courses are planned are as follows: - Birchwood Acres, Third Addition PAGE 3 283 284 COUNCIL MEETING JULY 11, 1994 Apollo Meadows Brandywood Estates, Third Addition - Park Grove - Black Duck Estates, Phases I and II - Woods of Baldwin Lake - Birchwood Acres Second and Third Addition Trails Brandywood Estates, Third Addition Trails - Quail Ridge Trails - Park Grove Trails - Pheasant Hills Preserve Trails Seal coating is an on-going yearly maintenance item. Seal coating establishes a new thin driving and wearing surface and generally helps to extend the life of the street. Streets planned for seal coating this season include: - Deerwood Lane - Deerwood Circle - Beaver Court - Birch Court - White Pine Road - Woodridge Lane - Oakwood Lane Woodridge Court - Gray Heron Drive - Whippoorwill Lane - Snow Owl Lane - Snow Owl Circle - Mourning Dove Road - Hokah Drive - Diane Street Aenon Street Rolling Hills Drive Deer Pass Trail White Tail Ridge Reiling Road Sargent Court Partridge Court Woodchuck Court Woodchuck Circle Patti Drive Jeanne Drive Marcia Lane Connie Lane Fire Station No. 3 Mr. Schneider also explained that some plat developers have not paid an escrow or have been assessed. These plat developers are being sent a letter asking for the dollars needed to complete the street protection phase of the plat. Council Member Neal asked if a developer does the seal coating project or the wearing course project himself, who inspects the improvement to see that it meets City standards. Mr. Schneider explained that a City inspector is on site during this process to make sure that the work meets City standards. Mr. Schneider provided a Financial Summary for each project. This summary indicates the cost of each improvement and how the cost will be financed. Council Member Bergeson asked if the dollar figures on this exhibit were engineers estimates. Mr. Schneider said yes. PAGE 4 1 1 1 1 1 COUNCIL MEETING JULY 11, 1994 Council Member Elliott moved to adopt Resolution No. 94 - 39 Approving Plans and Specifications and Ordering Advertisement for Bids, Wear Course/Seal Coating. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 39 can be found at the end of these minutes. CONSIDERATION OF ORDINANCE NO. 11 - 94, SALE OF CITY OWNED PROPERTY TO UDOR, U.S.A., BRIAN WESSEL Mr. Wessel explained that UDOR, U.S.A. is purchasing a parcel of land in the City -owned portion of Apollo Business Park for its distribution facility. According to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance is required to authorize the sale of real property owned by the City. Mr. Wessel noted that this matter was discussed at the July 6, 1994 Council work session. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 11 - 94 Authorizing the Sale by the City of Lino Lakes a Certain Lot in the Apollo Business Park to UDOR U.S.A. Council Member Bergeson seconded the motion. On a roll call vote, all voted aye. Ordinance No. 11 - 94 will be brought to the July 25, 1994 City Council meeting for the SECOND and final reading. CONTINUATION OF PUBLIC HEARING, VACATION OF A PORTION OF ROADWAY EASEMENT ON SOUTHERN BOUNDARY OF FOX TRACE, RESOLUTION NO. 94 - 38, DARRELL SCHNEIDER Mayor Reinert opened the public hearing which was continued from June 28, 1994 at 6:55 P.M. Mr. Schneider used the overhead project to present this item to the City Council. He further explained that in January, 1994, the City Council approved the preliminary plat for the Fox Trace development with the condition that the existing 33 foot roadway easement on the southern boundary be vacated except for a portion on the westerly side of the plat. The City Council will consider the final plat for Fox Trace later in this meeting which also recommends vacation of the roadway easement. Mr. Schneider showed a final plat map of Fox Trace and noted the Tobish and Lehmann properties to the south. He also noted that none of the Tobish property or the Lehmann properties will be landlocked because of other easements correctly filed a number of years ago. Mr. Schneider suggested that these three (3) properties be incorporated into one plat when it is time to plat PAGE 5 285 2r COUNCIL MEETING JULY 11, 1994 this area. Mr. Schneider also noted that the Tobish property and the Lehmann properties are not in the MUSA. This situation would have to be changed prior to any development of the land. Mr. John Tobish said he had always thought that 62nd Street would be extended to the west all the way to Hodgson Road. This would allow him to divide his property into three (3) lots. He felt abandoning the easement would landlock him. Mr. Schneider explained that there is no need for a connecting street between Ware Road and Hodgson Road. He also noted the United Power Association easement and the wetlands which are obstacles to developing a street in this area. Mr. Schneider explained that there will be a connecting street between Ware Road and Hodgson Road within the plat, however, this connecting street will wind through the plat and discourage through traffic forcing access to Hodgson Road by way of Ash Street (County Road J) or Birch Street. Mr. Tobish again said he felt that 62nd Street should be continued to Hodgson Road. Mr. Schneider said there is no practical purpose to do this because it must dead end at Hodgson Road. It would only cause problems and "short circuit" traffic. Mr. Tobish said he would try to develop in a different way as suggested by the Mr. Schneider. Harold Lehmann, 525 Birch Street expressed concern that the City may be sorry in the future for not extending 62nd Street west to Hodgson Road. He asked the City Council to not leave his land landlocked. Mr. Schneider explained that there is an easement to Mr. Lehmann's land on the north side of the Tobish property. All three (3) parcels should be developed at the same time to provide a sensible street pattern. Council Member Elliott moved to close the public hearing at 7:06 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adopt Resolution No. 94 - 38 Vacating a Portion of Easement Along the Southern Boundary of Fox Trace. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF FINAL PLAT, FOX TRACE, DARRELL SCHNEIDER The preliminary plat of Fox Trace was approved by the City Council in January, 1994. The plat contains 52 lots, is zoned R- 1, Residential, and is located between Ware Road and Hodgson Road and just south of Rehbein Transit. A Development Agreement has been signed, financial guarantees have been posted and construction of utilities are well under way. PAGE 6 1 1 1 1 1 1 COUNCIL MEETING JULY 11, 1994 Staff has reviewed the final plat and recommends approval with the condition that the 33 foot roadway easement along the south property line be vacated westerly from Ware Road to the eastern property line of Lot 1, Block 1, Fox Trace. The intention is to retain the 33 foot easement along the south line of Lot 1, Block 1 to provide a connecting trail when the property to the south is developed and a transportation trail is provided along the existing United Power Association easement directly south of the plat. Mr. Clyde Rehbein, developer of Fox Trace was in the audience. Mayor Reinert asked him what will be the price of the homes in Fox Trace. Mr. Rehbein said from $170,000.00 to $200,000.00. Lot prices will range from $34,000.00 to $50,000.00. Mr. Schumacher presented a letter written today by Mr. Asleson, Parks and Recreation Director to Mr. Rehbein outlining conditions for final approval of Fox Trace. Mr. Rehbein has agreed to all the conditions outlined in the letter. Mr. Schumacher requested that this letter be referenced in the motion for approval of the final plat. Council Member Elliott moved to approve the final plat of Fox Trace contingent upon title review and approval by the City Attorney and contingent upon the conditions outlined in a letter dated July 11, 1994 written by Mr. Asleson to Mr. Clyde Rehbein. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF SECOND READING, ORDINANCE NO. 10 - 94 AMENDING THE PERMIT FEE FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM AND SANITARY SEWER SYSTEM, RANDY SCHUMACHER Mr. Schumacher explained that the FIRST READING of Ordinance No. 10 - 94 was held at the June 27, 1994 City Council meeting. This is a housekeeping matter which would allow the City Council to change the fees charged for connection to the municipal water system and the sanitary sewer system by resolution rather than by an ordinance amendment. No comments or proposed changes to the original text of the proposed ordinance amendment have been received. Council Member Elliott moved to adopt Ordinance No. 10 - 94 and dispense with the reading. Council Member Bergeson seconded the motion. On a roll call vote, motion carried unanimously. CONSIDERATION OF PROCLAMATION, "NATIONAL NIGHT OUT", POLICE CHIEF PECCHIA PAGE 7 23./ COUNCIL MEETING JULY 11, 1994 Chief Pecchia explained that National Night Out was designed to heighten crime and drug prevention awareness, generate support and participation in local anti-crime efforts, strengthen neighborhood spirit and police -community relations and send a message to criminals letting them know neighborhoods are organized and fighting back. Residents lock their doors, turn on outside lights from 7:00 P.M. to 10:00 P.M. and get together with their neighbors. National Night Out is being planned for August 2, 1994 and is for all neighborhoods and businesses in Lino Lakes, not just established neighborhood watch groups. Chief Pecchia noted that the McGruff dog will be available to make neighborhood visits and several officers will be available to visit the neighborhoods as well. A press release is scheduled and notices have been sent to all organized neighborhoods. Chief Pecchia invited all elected officials to ride with the officers to visit the neighborhoods. Mayor Reinert noted that this is the first organized effort to observe National Night Out and hoped that every citizen would take an active part. Council Member Bergeson moved to approve the National Night Out proclamation. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF AMENDING CURRENT INSURANCE COVERAGE TO ADD VOLUNTEERS AND BOARD MEMBERS, RANDY SCHUMACHER Mr. Schumacher explained this matter was discussed at the last Council work session. The City insurance policy currently does not contain coverage for volunteers and Board Members (Park Board, Planning and Zoning Board, Economic Development Advisory Board). The proposal is to add this coverage effective immediately at a cost of $.10 per capita or approximately $1,300.00 for volunteers and $12.75 per person for all board members. Mayor Reinert explained that the City does have a lot of volunteer workers especially in the recreation program. He felt the least the City could do was to provide insurance protection in the event of an accident. Council Member Neal noted that this coverage would not be extended to the Charter Commission since they are a separate entity. Council Member Bergeson asked if all premium costs quoted are annual costs. Mr. Schumacher said that they were. Council Member Elliott moved to provide optional volunteer accident coverage for City volunteers at $.10 per capita, and PAGE 8 1 1 1 1 1 COUNCIL MEETING JULY 11, 1994 provide optional accidental coverage for all board members at a cost of $12.75 per person effective immediately. Council Member Neal seconded the motion. Motion carried unanimously. OLD BUSINESS There was no Old Business. NEW BUSINESS Consideration of Approval of Minutes, June 27, 1994 - Council Member Neal moved to approve these minutes as presented. Council Member Elliott seconded the motion. Motion carried with Council Member Bergeson and Mayor Reinert abstaining. Consideration of Approval of Minutes, Council Work Session, June 27, 1994 - Council Member Elliott moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson and Mayor Reinert abstaining. Consideration of Approval of Minutes, Council Work Session, June 22, 1994 - Council Member Elliott moved to approve these minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson abstaining. Oral Report of Bald Eagle Lake Association Meeting, Council Member Kuether - This matter has been moved to the July 25, 1994 City Council agenda. Set Ways and Means Committee Meeting for Monday, August 8, 1994, 5:00 P.M. - All Council Members approved the date for this meeting. Council Member Elliott moved to adjourn at 7:22 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular meeting of the City Council on July 25, 1994. Marilyn . Anderson, Clerk -Treasurer PAGE 9 Vernon F. Reinert, Mayor 289 290 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 10 — 94 AN ORDINANCE AMENDING CHAPTER 401, MUNICIPAL WATER SYSTEM, AND CHAPTER 402, SANITARY SEWER SYSTEM BY ALLOWING PERMIT FEES TO BE ESTABLISHED BY CITY COUNCIL RESOLUTION The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: I. The City Code of the City of Lino Lakes, Anoka County, Minnesota is hereby amended by deleting and replacing Chapter 401, Municipal Water System, Section 401.19, Service Charges, Subdivision 1, Permit Fees as follows: Subdivision. 1 Permit Fees. A permit must be obtained to connect to the existing water service leads at the curb box, and interior plumbing. The fee for the permit shall be established by City Council resolution. II. The City Code of the City of Lino Lakes, Anoka County, Minnesota is hereby amended by deleting and replacing Chapter 402, Sanitary Sewer System, Section 402.04, Permits, Licenses, Fees, Bond and Insurance as follows: Subdivision 1. Application. Any person desiring to make connection to the municipal sanitary system shall apply to the City for a permit for such connection. The application shall be submitted on blanks furnished by the City and shall be accompanied by plans, specifications and such other information as is required by the City to evaluate the application, together with a permit and inspection fee as established by City Council resolution. All costs and expenses incident to the installation and connection shall be borne by the owner and the owner shall indemnify the City for any loss or damage that may, directly or indirectly, be occasioned by the installation of the sewer connection including restoring streets and street surfaces. Paragraph two (2) of Subdivision No. 1 shall remain as originally adopted. 1 1 ORDINANCE NO. 10 - 94 Page -2- This ordinance shall take effect upon its passage and publication according to the City Charter. Passed by the City Council this llth day of July , 1994. Vernon F. Reinert, Mayor Marily G. Anderson, Clerk -Treasurer Motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Neal, Elliott, Reinert. The following voted against same: none, Council Member Kuether was absent. Whereupon said ordinance was declared duly passed and adopted. 291 292 Council Member Bergeson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 38 RESOLUTION VACATING A PORTION OF ROADWAY EASEMENT ALONG THE SOUTHERN BORDER OF FOX TRACE WHEREAS, R -Properties, Inc. has requested that the easement for roadway purposes on the southern property line of the subdivision of Fox Trace from Ware Road west to the eastern property line of Lot 1, Block 1, Fox Trace (as shown on the attached map) be vacated; and WHEREAS, WHEREAS, the vacation of the easement was made a condition to the approval of the final plat of Fox Trace by the City Council, and it appears that it will be for the best interest of the City to vacate such portion of easement, NOW, THEREFORE, BE IT RESOLVED, easement shown on the attached map Adopted by the Council of the City July, 1994. that the portion is hereby vacated. of Lino Lakes this of roadway llth day of Vernon F. Reinert, Mayor Marilyn G[) Anderson, Clerk -Treasurer the motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: none, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. u r-1O>C TR4CE City or Lino LBkca - County Or Anok6 Non fn Int of Me .00I n 169.75 tont of In. nen. 661.2 I of ens St ,/9 of tn.At I/. of Soo 21, 7.31, 72: 0 _ -, , I \\', 'xf1 \\ 19 • • ..CR' PHIC SCALE A In if, of Inr norm 46.15 Iwl el In• roll 1,1 rmt or I M. 2mb noneel Mr none. 661.5 owl n• Inr - • J SI I/. 0/ Me Mf t /. el 2•t. 21, til, 021 016, ,4; /e..' N8O'7)'S i' I M.I m Ir In on•I 513 Ion of In. non, 661.:. ' fool of Inc St I/. of n• nfl I/. of Sm. J'. 12,. 022-`,.'"••••,...•• ! x-51). 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FI k i F i i urror5••[ I I ✓.til' 2A, E' TTJ :`4......„.... .� 6 9 't-11T:-�f'-""".\eJ.a e:r eox ..I A�II_ x. - J i 2i in J I�or. »a Tef u1�rs.•[ ' 1' h - _ I ,LCL _ _ ,..• 1, �. ,..Sy ,._._,E F e "^ - \S�_ - - Z _ _ 1 �`^ 2 r l l le \~> n•,; 294 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 39 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, WEAR COURSE/SEAL COATING WHEREAS, the City Consulting Engineer has prepared plans and specifications for the 1994 Bituminous Surfacing and Seal Coating Improvement, and has presented such plans and specifications to the City Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk -Treasurer shall prepare and cause to be inserted in the official newspaper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published to two (2) days, shall specify the work to be done, shall state that bids will received by the City Clerk -Treasurer for the wear course improvement until 10:00 A.M. on Friday, August 5, 1994 and for the seal coating improvement until 10:30 A.M., Friday, August 5, 1994 in the council chambers. Any bidder whose responsibility is questioned during the consideration of the bids will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk -Treasurer and accompanied by a cash deposit, cashier's check, bid bond or -certified check payable to the City Clerk -Treasurer for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City council this llt ay of July, 1994. Vernon F. Reinert, Mayor arilynt .✓Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Neal, Reinert. The following voted against same: none, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1