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HomeMy WebLinkAbout10/24/1994 Council MinutesCOUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES OCTOBER 24, 1994 Staff members present: City Attorney, Bill Hawkins; Acting City Engineer, John Powell; Planning Coordinator, Mary Kay Wyland; Consulting Engineer, Steve Heth, Brian Bourassa and Rocky Keehn; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA The agenda was approved as submitted. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Work Session, September 21, 1994 Regular Council Meeting, October 11, 1994 REGULAR AGENDA OPEN MIKE DISPOSITION Approved Approved Brian Zewers, 6307 Baldwin Lake Road, noted that a public hearing was held on October 12, 1994 at the Planning and Zoning Board for the preliminary plat of Woods of Baldwin Lake, Second Addition. He explained that he was not notified of the public hearing PAGE 1 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 24, 1994 although the plat did border his property. Mr. Zewers asked the status of the preliminary plat. Ms. Wyland explained that the preliminary plat would be considered by the City Council this evening and is No. 3A on the agenda. Mr. Zewers noted that several other neighbors did not receive notification of the public hearing. He expressed concern regarding the proposed re -alignment of the street in front of his house. The re -alignment is being done to accommodate the plat, however he will lose a portion of his front yard. Mr. Zewers was told that a comprehensive discussion of this issue will take place during the consideration of the preliminary plat in a few minutes. Rocky Goertz, a home builder in Lino Lakes, expressed concern regarding an article in the Minneapolis Tribune about the difficulty of building in Lino Lakes because of the high water table. He explained that he has lost one customer because of the article and had to explained the true situation to other possible customers. Mayor Reinert explained that newspapers sometimes exaggerate and have been known to print articles that are not true. Mr. Schumacher explained that he has talked to Brian Wessel, Community Development Director, about the article and they will be preparing an article showing the positive attributes of Lino Lakes. Mayor Reinert said that he believes that Lino Lakes is an excellent community and apparently others believe the same thing since the community is growing rather fast. CONSIDERATION OF DISBURSEMENTS October, 24, 1994 - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Centennial Fire Department - Council Member Elliott moved to approve these disbursements as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of Preliminary Plat, Woods of Baldwin Lake, Second Addition - Ms. Wyland used the overhead projector and displayed the preliminary plat. She noted that K -G Development has submitted a preliminary plat application for the Woods of Baldwin Lake, Second Addition which consists of 13 single family lots on 5.6 acres. The property is located in the southeast corner of the intersection of White Pine Road and Baldwin Lake Road. The PAGE 2 21 T 7. It- COUNCIL r COUNCIL MEETING OCTOBER 24, 1994 property lies within the R -1X, Single Family Executive Residential District. Ms. Wyland explained that the smallest lot is 12,825 square feet and the average lot size is 16,838 square feet. Lot sizes meet the requirements of the ordinance. In addition, all lots contain at least 12,825 square feet of land above the wetlands and/or flood plain elevations. Lot 4, Block 1, is encumbered by a large wetland that is protected by a drainage easement. This lot contains 15,400 square feet of land above the wetland. All lots meet the width and depth requirements. The proposed building pads are within the required setback as listed for an R-1 District. Proposed streets within the preliminary plat will gain access off of the existing White Pine Road and Baldwin Lake Road. In addition Woodridge Lane will be extended from the Woods of Baldwin Lake, First Addition, westward to connect with Baldwin Lake Road. The developer will be responsible for construction of the extension, which as proposed, meets the City's 60 foot minimum requirement for right-of-way. The proposed roadway construction will improve the circulation in the area as Woodridge Lane will now become a through street. The Park Board has reviewed the preliminary plat and has recommended a cash donation in lieu of park land, in the amount of 10 percent of the fair market value of the property. All wetlands are to be protected with drainage easements. In addition, all building pad elevations should be at least three (3) feet above the high water level of the wetlands. The drainage and grading plans are subject to review and approval of the City Engineer. Utility easements are also subject to review and approval of the City Engineer. A development agreement and financial guarantees will be required. The Planning and Zoning Board has reviewed the preliminary plat request and have recommended approval subject to the following conditions: 1. Grading, drainage and utility plans subject to review and approval by the City Engineer and the Rice Creek Watershed District. 2. Utility easements must be provided on the final plat, and be at least 10 feet wide, centered on the rear and other lot lines. Said easements are also subject to review and PAGE 3 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 24, 1994 approval of the City Engineer. 3. All building pad elevations must be at least three above the high water level of the wetlands. 4. The applicant must make a cash contribution in the 10 percent of the fair market value of the subject to satisfy the park dedication requirement. (3) feet amount of property 5. The applicant shall enter into a development agreement with the City. 6. Comments by other City Staff. 7. All plat access is to occur through the street right-of-way or within the boundaries of the plat. This condition was added at the request of concerned citizens who experienced problems with other development in the area and to insure that there is not trespassing on their property. Council Member Bergeson asked for further information regarding Item No. 7. Ms. Wyland explained that there is a roadway easement that runs along the rear of the plat. There is a private driveway on the roadway easement that leads to a private residence. This property owner experienced problems during the construction of Woodridge Estates. The property owner wants to be sure that construction vehicles or other vehicles working on the development of the new subdivision do not use the roadway again. It was noted that some of the homes along the north side of White Pine Road will probably be affected by the roadway construction due to the close proximity of the homes to the street. Mr. Zewers said that he is "bummed" because the development plans have gotten this far without looking at such things as the current street not being in the place where it should have been. Because of this problem, his house was built too close to the road. Mr. Zewers explained that he purchased his house about four (4) years ago and was under the impression that the current road was correctly located. Last year during the construction of the original Woods of Baldwin Lake subdivision, he was informed that the street is not in the right place. In addition, with the new development, the blacktop area of the street will be widened. This means that the Zewers will lose about 10 feet of grass. Mr. Zewers felt that this will be a danger to his children. He also felt that if the roadway is made "straight as an arrow", drivers will be speeding in excess of 45 miles per hour. The only thing that slows traffic at this time is that the street narrows. Mr. Zewers said if the street is widened, there is no telling what PAGE 4 2?> COUNCIL MEETING OCTOBER 24, 1994 speed can be reached. Mr. Zewers asked the City Council to consider jogging the road as it approaches his property to lessen the impact on his property and the other three (3) properties to the west of him. He felt that eventually he will be forced to connect to sewer and water and said that the least that could be done to accommodate him and his neighbors is to jog the street. Mr. Zewers also noted that a house on his street is in the process of being sold and felt that the new owners should be made aware of the planned street reconstruction. Mr. Powell explained that this concern did surface during the construction of Woods of Baldwin Lake. One of the residents presented a petition for connection to the sewer and water utilities. A question was raised at that time regarding extending White Pine Road to the west. Mr. Powell explained that if sewer and water utilities were provided to the residents, the street would be widened and relocated to the center of the right- of-way. This would put the street surface five (5) to ten (10) feet closer to the Zewers home. There is no proposal to acquire additional right-of-way, only to place the street in the center of the right-of-way. Mr. Zewers explained that he understands that the right-of-way was in place when he purchased his property. However, he is asking that the new street be jogged and placed closer to the south edge of the right-of-way. Mr. Powell displayed a map showing the street. He has looked at this option and has reviewed the matter with the Utility Department and would propose that the street be shifted six (6) feet to the south. The street cannot be shifted any further south without acquiring additional right-of-way. Council Member Bergeson asked if existing houses on both sides of the street would be equally distanced from the blacktop. Mr. Powell said no however, only one house is being constructed at this time and the owner, Mr. Connoy is present this evening. There are two (2) proposed houses on the south side of the street and would be constructed after the street is re -aligned. The new houses would be set back from the edge of the right-of-way so that the new alignment would not affect them. Mr. Connoy said that he would not oppose the re -alignment of the road to the south provided that the new homes were set back as well. He felt that the new houses would be too close to the road in comparison to the existing house. Mr. Powell suggested that the new homes be set back an additional 10 feet. This would place the new homes in line with the existing homes and there would be a balanced look to the area. Mr. Goertz, the developer said that would be acceptable to him. Mr. Zewers said that this is better than what was proposed. Mr. Powell explained that the proposed PAGE 5 1 1 1 1 COUNCIL MEETING OCTOBER 24, 1994 jog would mean that the edge of the new blacktop will be only about a foot or two (2) closer to the Zewers home than the present blacktop. This proposal was acceptable to Mr. Zewers, Mr. Connoy and Mr. Goertz. John Thompson, 6125 Baldwin Lake Drive - Mr. Thompson explained that he owns property immediately across the street from the proposed preliminary plat on the west side of Baldwin Lake Road. His concern is in regard to drainage from the plat. A pond is proposed for north of the extension of Woodridge Lane and this pond will drain directly onto his property. Mr. Thompson said that his property is low but never under water unless Rice Creek floods and backs up onto his property. This property is low enough that if the pond overflows, he will have water constantly on his property. This is a horse pasture and if too much water spills onto his property, the property will be cut into two (2) pieces. The horses will not be able to move from the north end to the south end of the property. Mr. Thompson expressed concern about the curbing proposed for Baldwin Lake Road. Drainage from the street will run downhill and when the curbing ends, the water will drain directly onto his property. This means that he will have additional water on his property that was never there before installation of the curbs. Mr. Thompson noted that he has talked to both Mr. Powell and Mr. Goertz about this matter. While both of them seem willing to try to accommodate Mr. Thompson, nobody can satisfactorily tell him what is going to happen to his property. He noted that he was not against the development but like to be assured that he will not end up with future problems and have a lot of water on his property. Mr. Thompson talked to Mr. Goertz today about a county ditch that runs across his property about 300 - 400 feet south of the proposed development. If the runoff from the development could be directed to the county ditch, that would be an acceptable solution. Mr. Powell explained that he has talked to the Rice Creek Watershed District (RCWD) and he and the RCWD are developing an alternative street section for use in the City which would not require curbs on both sides of the street. This would be an ideal area where curb would be constructed on one side of the street and the other side would be like a rural street. Instead of catching the waterflow and directing it to the catch basin, it would let the drainage flow naturally. This would reduce the flow that would be routed through the system. RCWD has some concerns about water quality, but would make sense in this situation. Mr. Powell explained that this system would also be PAGE 6 0?+ COUNCIL MEETING OCTOBER 24, 1994 used along a portion of the extended Woodridge Lane. This would lessen the impact on wetlands. It is planned that RCWD will approve the new street section so that it can be used in this area during construction next spring. Mr. Powell addressed the drainage for the new subdivision. He noted that one condition of the approval by the Planning and Zoning Board includes all RCWD and City drainage requirements. Currently, at this stage in the preliminary plat, not all design computations have been submitted by the developer's engineer. He has talked to the developer about increasing the capacity of the pond and also doing more excavating. Until the final design computations, which are included in the plans and specifications, are prepared no one can say how Mr. Thompson's property will be affected. A culvert going across the roadway is proposed to be eliminated because it would concentrate the flow onto Mr. Thompson's property. Mr. Powell said he would like to see an emergency overflow from the pond that would only spill water over the top of the roadway during 100 year floods and run down along the ditch onto Mr. Thompson property. The intent of the final design is to maintain the existing flow patterns as much as possible. Mr. Powell explained that the pond will be designed to hold the water under normal storm conditions and only overflow during flood conditions. Mr. Thompson explained that he has lived at his home for 21 years and the only times he has standing water on his property is when Rice Creek floods. This has happened only three (3) times. His property has never flooded from water flow off of the street. Mr. Thompson felt that the elimination of the culvert will help his situation. He spoke to Mr. Goertz today who was very helpful saying that he would ditch his side of the street if it was necessary to keep water from backing onto his property. Mr. Thompson said he would like to see a ditch on the east side of Baldwin Lake Drive down to the county ditch. This would be a reasonable solution. Mr. Thompson said he felt that his property should not be a solution to a water problem from a new development. Mr. Powell explained that drainage from many of the lots is being routed to the pond. There will not be a lot of flow to deal with. The final design computations will determine the discharge elevations and control elevations. Typically the flow from the pond will only be discharged during flood conditions similar to the way it may or may not be doing at this time. The amount of water being added is not that great and Mr. Powell was optimistic that the pond can be designed to accommodate the flow from the subdivision. He noted that culverts are a maintenance problem and concentrates water flow and then there is erosion to deal PAGE 7 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 24, 1994 with. He preferred to handle the water through a surface discharge system. However, the planning'of the final plat has not progressed to the final design computations. Mr. Powell said that he and the developer are aware of Mr. Thompson's concerns and will work to eliminate them. Mayor Reinert summarized the proposed changes: 1) relocate the street six (6) feet to the south, 2) the developer will move the two (2) proposed homes on the south of White Pine Road back 10 feet for better alignment with the existing home, 3) pond will be enlarged, the culvert will be removed, curb on the west side of the street will be eliminated. Mr. Powell asked that the preliminary plat be approved as shown with curb on both sides of Baldwin Lake Road and then when the new street section design is approved by the RCWD, the design will be brought to the City Council for their approval. Ms. Wyland added that the set back for the two (2) houses on the south side of White Pine Road should be 40 feet rather than 30 feet. Council Member Bergeson moved to approve the preliminary plat of Woods of Baldwin Lake, Second Addition with the conditions outlined by staff and moving the street alignment six (6) feet to the south, increasing the setback on lots 8 and 9 to 40 feet, eliminating the culvert and asking the City Engineer to continue to consult with RCWD on the possibility on the redesign on the curbs. Council Member Elliott seconded the motion. Motion carried unanimously. ENGINEERS REPORT, JOHN POWELL Consideration of Resolution No. 94 - 90 Ordering Improvement, Lake Drive (CSAH X23)/Highway 49 Intersection - Mr. Steve Heth, SEH, explained that the public hearing for this improvement project was held on October 25, 1993. The City Charter stipulates that an improvement must be ordered within one year of the public hearing. If the project is not ordered during that time frame, a new public hearing must be held. Mr. Powell said that he was unaware of why the project had not been ordered after the 60 day waiting period had lapsed. He noted that typically when an improvement is ordered for a project that is being financed by state and federal funds, a specific time table begins. This may have been the cause of the delay. Council Member Elliott moved to adopt Resolution No. 94 - 90 Ordering the Improvement of the Lake Drive/Highway 49 Intersection. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 94 - 90 can be found at the end of these minutes. PAGE 8 2 '/ J 22() COUNCIL MEETING OCTOBER 24, 1994 Consideration of Resolution No. 94 - 91 Accepting Bid and Award Contract for Ware Road Utility Improvement (Al Ross) - Mr. Powell explained that on October 11, 1994, the Lino Lakes City Council passed Resolution No. 94 - 87 approving plans and specifications for this project and ordering advertisement for bids. These bids were opened at 10:00 A.M. this morning in the Council Chambers. Three (3) bids were received and the low bidder was Ro-So Contracting in the amount of $57,861.00. The engineers estimate was $57,550.00. The bids were tabulated and found to be correct. Mr. Powell recommended that the City Council award the bid to the low bidder. Mr. Ross from the audience asked when the project would begin. Mr. Powell explained that performance bonds and insurance certificates must be in place before the work can start. He hoped that work would start next week. Council Member Neal moved to adopt Resolution No. 94 - 91. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 91 can be found at the end of these minutes. Consideration of Resolution No. 94 - 92 Approving Plans and Specifications, LaMotte Ditch Improvement - Mr. Keehn explained that due to slope failures, natural and man -created deposits in the ditches located in the backyards of residents along LaMotte Circle, the drainage system no longer operates properly. The inability of this system to drain water from the City of Centerville caused flooding last winter. This project will clean and revegitate the east/west section of the ditch. To remedy the slope failures on the north/south ditch, storm sewer will be installed. Preparation of plans and specifications and the solicitation of quotes was ordered by Resolution No. 94 - 88 on October 11, 1994. Plans and specifications were completed and quotation forms sent to several contractors. The project was meant to be done in early November to aid in the completion of the restoration. However, only one (1) quotation was received on the project from Ro-So Contracting, Inc. The quotation was $29,122.10. This amount exceeds the engineers estimate of $14,604.00 and is above the maximum quotation amount of $25,000.00. All projects above $25,000.00 require that the City advertise for bids. Therefore, the only quotation received exceeds the maximum amount for quotes and is unacceptable. Mr. Keehn explained that he did discuss the situation with some contractors who said that they were too busy to provide a quote. He suggested that the project be delayed a short time and then PAGE 9 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 24, 1994 request new quotations. Mr. Keehn said that it was possible that some contractors misunderstood the project. Council Member Elliott moved to adopt Resolution No. 94 - 92 and authorize staff to take new quotes that allow the project to be completed in late fall or early winter. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 92 can be found at the end of these minutes. Consideration of Resolution No. 94 - 93 Adopting the Surface Water Management Plan - Mr. Keehn explained that on March 4, 1992, The City Council authorized the first phase of preparation of a Local Water Resources Plan. A draft of the plan was completed in February, 1994 and sent to the RCWD and the Vadnais Lake Area Water Management Organization (VLAWMO) for review on March 14 and 15, 1994. Comments were received from each agency and incorporated into the final plan. The plan is complete and ready for adoption by the Lino Lakes City Council. Although the City has not made a determination on whether or not it will permit water resources activities, the plan should still be adopted except for the sections discussing the permitting. Besides the permitting activities, the plan contains important sections on standards of facility design, maintenance programs, and implementation. These sections will guide City development and assure that consistent criteria is used on all future projects. Also the City can begin a maintenance program and implement capital improvement projects to aid in development. After adoption of the plan without the permitting sections, the City can order preparation of a study to determine the costs associated with the permit program. Upon completion of the study, the City Council and staff can make a determination on whether or not it should adopt the entire plan. If not, the sections dealing with permitting will be reworded. The Council can then adopt the revised plan by ordinances. After final approval of the ordinances the City can begin implementation of the plan. Mr. Keehn used the overhead projector and explained that the purpose of adopting a local water management plan is to establish design standards for development in the community. The plan also provides development goals and policy sections specific to the needs of the City. The plan also documents and classifies all wetlands and ponds in the City. The current plan outlines 176 ponding and wetland areas. A regular maintenance program is outlined to prevent such problems as the LaMotte Ditch. The Lino Lakes plan outlines a water quality project. This is a general PAGE 10 2 2; 2?{. COUNCIL MEETING OCTOBER 24, 1994 plan and will be further detailed after a citizens group meets to discuss water quality concerns. The purpose of this portion of the plan is to have the water quality plan come from the citizens rather than an engineer. The plan provides an inventory of land and water resources. The plan guides future capital improvements related to water resources. A plan is required if the City wants to be its own permitting agency and finally the plan is required by law. Mr. Keehn provided a schedule regarding final adoption and implementation of the plan. A final decision must be made as to whether or not the City wants to be its own permitting agency and pass the ordinances that will adopt the plan and begin the total implementation of the plan. Mr. Keehn explained that the plan is a three (3) volume plan. The first volume is a policy document which is the administrative section. The second volume is the users manual which is intended to be used by the developers and engineers within the City. The third volume is the reference document. This volume contains all the background information, and information required by law. Mr. Keehn outlined what each volume contains. He noted that the entire document is intended to change with the changing needs of the community, therefore the amendment process is a very important part of the plan. Council Member Bergeson asked if other communities in the RCWD have become their own permitting agencies. Mr. Keehn said that he did not think so, however, other cities in other watershed districts have become their own permitting agencies. Council Member Bergeson asked if the City decided to become its own permitting agency, would another staff person be hired to perform this duty? Mr. Keehn explained that this question will be answered as the City Council gets into the next step of the process. He emphasized that the key to a successful plan is to establish a good program and a process to implement the program and do not deviate from the established program. Mayor Reinert asked if many communities in the RCWD have completed their water management plans. Mr. Keehn explained about half of the communities have completed their plans. He also noted that the Lino Lakes plan is more complicated because of the abundance of wetlands and ponds. Mayor Reinert asked if the plan would be computerized. Mr. Keehn explained that the plan will be converted to the GIS computer system. PAGE 11 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 24, 1994 Mr. Powell explained that the next step is for SEH to prepare a feasibility study to look at all the costs involved in the permitting process. RCWD would not be taken out of the process but would probably have a development plan review procedure. Council Member Bergeson moved to adopt Resolution No. 94 - 93 adopting the Lino Lakes Local Water Management Plan dated October 24, 1994 except for the sections discussing permitting water resources activities within the community. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 93 can be found at the end of these minutes. ATTORNEY'S REPORT, BILL HAWKINS Clarification of the Firearms Ordinance - Mr. Hawkins explained that at the last Council meeting a resident raised the question of whether or not there was consistency between the Police Department and the staff in interpreting the Firearms Ordinance. The issue was the discharge of firearms within 500 feet of residences. The ordinance does not allow the discharge of firearms with single projectiles. Only shot guns are allowed and they are allowed only in a portion of Lino Lakes. The ordinance does prohibit the discharge of firearms within 500 feet of residences unless the person discharging the firearm owns the residence or if the person discharging the firearm has the written permission of the person who owns the residence. Council Member Bergeson asked if there were areas of Lino Lakes where discharge of firearms is prohibited. Mr. Hawkins said yes and noted that the areas are outlined in the Firearms Ordinance. He read the ordinance. Mayor Reinert explained that the Council has expressed a desire to take a look at the firearms issue in conjunction with the 20/20 Vision project. He noted that the population has grown in the southern portion of City and this should be addressed in the near future. OLD BIISINESS There was no old business. NEW BIISINESS Update Regarding Rice Creek Watershed District Appointment - Mr. Schumacher explained that the City has received notice from Anoka County that Mr. Cardinal's term of office on the RCWD board will expire on January 17, 1995. He noted that if a valid list PAGE 12 23J COUNCIL MEETING OCTOBER 24, 1994 containing at least three (3) eligible nominees for a managers position is submitted at least 60 days prior to the expiration of the term, the Anoka County Board of Commissioners is required to make appointments from that list. The City can also confer with other affected cities and towns and jointly submit a list for County consideration. Mr. Schumacher noted that he has contacted other municipalities concerning a jointly supported list of candidates and has received strong interest. He recommended that a list be prepared and brought back to the City Council on November 14, 1994 for Council consideration. Mr. Cardinal has indicated that he would like to be re -appointed and the other communities that he has contacted feel that there is support for Mr. Cardinal so he would be on the top of the list for support. Council Member Neal moved to nominate Andy Cardinal for another term. Council Member Bergeson seconded the motion. Motion carried with Council Member Elliott voting no. No other names were submitted at this time, however Council Members were asked to submit other names to Mr. Schumacher. A list will be prepared to submit to the other communities. The list of names will be brought to the City Council for final action. Council Member Elliott moved to adjourn at 8:00 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on November 14, 1994. Marilyn G. Anderson, Vernon F. Reinert, Clerk -Treasurer Mayor PAGE 13 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 - 90 RESOLUTION ORDERING THE LAKE DRIVE (CSAH #23)/HIGHWAY 49 (HODGSON ROAD) INTERSECTION IMPROVEMENT WHEREAS, a resolution of the City Council adopted the 27th day of September, 1993, fixed a date for a Council hearing on the proposed improvement of the Lake Drive (CSAH #23)/Highway 49 (Hodgson Road) intersection, and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 25th day of October, 1993, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the 60 day waiting period from the date of the public hearing expired on December 25, 1993 and no petitions against the improvement have been filed with the Clerk - Treasurer, 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 the 27th day of September, 1993. Adopted by the Lino Lakes City Council this 24th day of October, 1994. Vernon F. Reinert, Mayor Marilyn i Anderson, Clerk -Treasurer The motion for 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, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. ?3I ?3.1 Council ?_ - Council Member Neal moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 - 91 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WARE ROAD UTILITY IMPROVEMENT WHEREAS, pursuant to an advertisement for bids for the installation of sanitary sewer and municipal water on Ware Road beginning at Hawthorn Road and ending 600 feet south of Hawthorn Road, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME AND ADDRESS AMOUNT OF BID Ro-So Contracting 7137 - 20th Avenue Centerville, Minnesota 55038 W. B. Miller, Inc. 16765 Nuetria Street N. W. Ramsey, Minnesota 55303 CCS Contracting 1399 - 10th Street N. W., #304 New Brighton, Minnesota 55112 $57,861.00 $64,277.50 $80,885.00 AND WHEREAS, it appears that Ro-So Contracting of 7137 - 20th Avenue, Centerville, Minnesota, 55303 is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Ro-So Contracting, 7137 - 20th Avenue, Centerville, Minnesota in the name of the City of Lino Lakes for the improvement described above according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 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 24th day of October, 1994. 1 1 1 1 RESOLUTION NO. 94 - 91 Page -2— Vernon F. Reinert, Mayor ) Marilyn GAnderson, 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, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 23 r . 34 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 92 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE LAMOTTE DITCH IMPROVEMENT WHEREAS, pursuant to a resolution passed by the City Council on October 11, 1994, Consulting Engineer, Rocky Keehn, SEH, has prepared plans and specifications for the improvement of the LaMotte Ditch and has presented such plans and specifications to the city Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. Adopted by the Lino Lakes City Council this 24th day of October, 1994. Vernon F. Reinert, Mayor Marilyn `t. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 93 RESOLUTION ADOPTING THE LINO LAKES LOCAL WATER MANAGEMENT PLAN DATED OCTOBER 24, 1994 EXCEPT THE SECTIONS WHICH DISCUSS PERMITTING WATER RESOURCES ACTIVITIES WITHIN THE CITY WHEREAS, State Statutes, Chapter 1038.201 to 103B.251, mandate preparation of a Local Water Management Plan (LWMP), and WHEREAS, the City authorized the preparation of a LWMP, and WHEREAS, it is in the best interest of the City to adopt the LWMP to guide development, begin maintenance programs and implement capital improvements, and WHEREAS, the City will determine whether or not it shall be the permitting authority before March 31, 1995, and WHEREAS, final ordinance amendments to the City Code may not be adopted until Spring, 1995, and WHEREAS, Rice Creek Watershed District (RCWD) and Vadnais Lake Area Water Management Organization (VLAWMO) have reviewed the LWMP and their concerns have been incorporated in the final LWMP, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: That the Lino Lakes Local Water Management Plan dated October 24, 1994 be adopted except for sections which discuss permitting of water resources activities. The sections excluded are the Regulatory Responsibility Goal, Policies 9.1 and 9.7, and the Administration Section outlining the Permitting Process in the Policy Document, pages 25 and 33. Adopted by the Lino Lakes City Council this 24th day of October, 1994. Vernon F. Reinert, Mayor cLy,'/)<.)y-,,_ Marilyn nderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken 236 RESOLUTION NO. 94 — 93 Page -2- thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none Whereupon said resolution was declared duly passed and adopted. 1 1