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HomeMy WebLinkAbout08/26/1996 Council Minutes• • COUNCIL MINUTES AUGUST 26,1996 CITY OF LINO LAKES MINUTES DATE : August 26, 1996 TIME STARTED : 6:30 P.M. TIME ENDED : 8:10 P.M. MEMBERS PRESENT : Landers, Neal, Kuether and Lyden MEMBERS ABSENT : Bergeson Staff members present: Assistant to the City Administrator, Dan Tesch; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Solid Waste Coordinator, Jackie Constant; Finance Director, Mary Vaske; and Clerk -Treasurer, Marilyn Anderson SETTING THE AGENDA Council Member Kuether questioned an expenditure on Page 5, under Mayor and Council, which was explained as relating to a Japanese foreign exchange student. Mayor Landers requested addition of a letter on oakwilt under New Business. The Agenda was approved as amended. CONSENT AGENDA Council Member Kuether moved to approve the Consent Agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: August 26, 1996 Checks No. 45294 - 45387, $566,861.38) Approved Centennial Fire District Approved Final Plat, Apollo Business Park, Plat 2 Approved Consideration of Resolution No. 96 - 99 Accepting Easements for Centennial Middle School Wetland and Utility Improvements Approved COUNCIL MINUTES AUGUST 26, 1996 OPEN MIKE No one appeared under Open Mike. CLARIFICATION OF BUDGET ADJUSTMENTS, MARY VASKE Ms. Vaske explained that each year Council adopts a budget including reserves for salary adjustments. The 1996 Budget included a line item for salary/labor adjustments in the amount of $87,200. The requested adjustment totaled only $6,580. This adjustment will decrease the salary/labor adjustment line item and increase the individual departments where salary adjustments were approved, leaving a remaining balance of $80,620. With respect to Cable TV, Ms. Vaske explained that this adjustment was requested as the revenues came in at $20,000 more than the amount budgeted. In order to maintain a balanced budget, revenues have to be increased at the same time as expenditures. The $20,000 is being spent on new cable TV equipment and will be expended from the cable TV department. Council Member Kuether asked how $87,200 was determined. Ms. Vaske stated that the City Administrator recommended that amount to Council, and that he would be making a presentation to Council at its next work session with respect to use of the remaining balance. CONSIDERATION OF SOLID WASTE ADVISORY COMMITTEE GOALS, JACKIE CONSTANT Ms. Constant explained that Council passed a resolution of Intent to Organize Collection at its March 25, 1996 meeting. This resolution enabled participation by interested parties, including the licensed haulers, to plan and establish an efficient collection system. State Statute 115A.94 Section 46 Subd. 4 states that there shall be a 90 -day period where the City shall supervise the development of plans or proposals for organized collection. The haulers will be beginning the development of a proposal to Council based on the established goals. The Solid Waste Advisory Committee requested adoption of the following goals: 1. Limited truck traffic/one recycling truck and one rubbish truck per residential street a) wear and tear b) traffic safety 2. Uniform day of weekly collection a) rubbish/recycling pickup same day per week 3. Expanded program for curbside recycling a) additional materials accepted for recycling (boxboard, hard and soft cover books, etc.) 4. Limited hours of operation a) set hours of pickup of rubbish and recycling (non peak hours) 2 • COUNCIL MINUTES AUGUST 26, 1996 Council Member Kuether moved to approve the goals stated above. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF RECOMMENDATION FOR ENVIRONMENTAL AFFAIRS COMMITTEE, RANDY SCHUMACHER In the absence of Mr. Schumacher, Dan Tesch explained that Council authorized the creation of an environmental affairs committee based on the recommendation of the 20/20 Visioning Plan. Representatives from the Planning and Zoning Board and the 20/20 environmental committee interviewed applicants for the committee, and the following individuals were recommended: Full Membership - J. P. Houchins, Lori Frisk -Thompson, Eugene Lane, Rod Kukonen, Amy Donlin, Maurine Davidson and Mike Trehaus. Non -Voting Alternates - Paul Montain and Tom Green Non -Voting Technical Advisors - Patricia Tufts and Art Hawkins Council Member Kuether asked how many of the recommended full members have environmental or related backgrounds. Mr. Tesch responded that only one member of the group has a formal environmental background; the remainder are very much interested in this subject. Mayor Landers asked how this membership would be affected by election time. Council Member Kuether pointed out that the intent is for all members to stand for one year, after which time a staggered replacement schedule will be formulated. Council Member Lyden moved to approve the list of recommended individuals to represent the Environmental Affairs Committee as presented. Council Member Kuether seconded the motion. Motion carried unanimously. PLANNING AND ZONING DEPARTMENT, MARY KAY WYLAND Consideration of a Conditional Use Permit and Site Plan Review, Shoreview Covenant Church, Ash Street - Ms. Wyland provided the following background for this item: Shoreview Covenant Church is planning to build a three -stage church development on County Road J (Ash Street) between Baldwin Lake Road and Woodridge Lane. The property is zoned R -1X, and requires a conditional use permit for church construction. The Comprehensive Plan identifies the area as single-family residential. The Planning and Zoning Board reviewed this item at two public hearings. Initial concerns centered around future development of the area; in particular, access to Outlot B of Woodridge Estates and future use of the northern portion of the church property. The owner of Outlot B, Richard Carlson, has discussed a possible land exchange/trade with the church for property on COUNCIL MINUTES AUGUST 26, 1996 the north side of the site adjacent to Oakwood Lane. Mr. Carlson met with the church building committee; however, they were unable to reach an agreement on a possible land exchange. The church also met with residents of the area to discuss the church plans for the northern portion of the site. The main concern at this meeting was the potential use of the north portion of the site for park purposes and what types of activities might be allowed in the park. The church has had some preliminary discussion with City Park Staff concerning a possible lease/purchase agreement for park land on the north side of the church site; however, these meetings have been preliminary in nature. Any future development of the church property for park purposes or single-family development will require further review by the City. The church has agreed to install a park trail through its parcel of property as outlined on the Park Comp Plan, and will be working with the Parks Department on the exact location. With respect to the site plan, Ms. Wyland explained that the setbacks, building height, parking area, and lighting all meet the requirements of the Zoning Ordinance. Staff has agreed that the rear parking area may remain unsurfaced until future development occurs on the site. The City Forester and the CSO Officer have reviewed the landscaping plan, and must approve final development plans. There will be no park dedication fee required. The church has assured Staff that it will present a new name for approval. Ms. Wyland stated that Staff recommended approval of this conditional use permit with the following conditions: 1. Proper building permits shall be obtained for all construction on the site and 1% of the construction costs be escrowed via cash or letter of credit to ensure completion of all site improvements. 2. The Park Board shall approve a trail location through the site and discuss possible leased recreational space for the neighborhood with the church development committee. The church will be responsible for grading and rocking the proposed transportation trail; the City Parks and Recreation Department shall provide the bituminous paving for the trail per City specifications. 3. Access to the property and tum lanes, if applicable, are subject to the review and approval of the Anoka County Highway Department. 4. Final landscaping plans are subject to the review and approval of the City Forester and CSO Officer. 5. Final lighting plans are subject to the review and approval of the CSO Officer for compliance with CPTED recommendations. 6. Final grading/drainage/utility plans are subject to the review and approval of the City Engineer. 7. Proper permits shall be obtained from the RCWD. 4 • • COUNCIL MINUTES AUGUST 26, 1996 8. Concrete curb, gutter and bituminous surfacing shall be provided for the front parking area and all access drives. The rear parking area shall be provided with curb, gutter and bituminous surfacing upon completion of additional phases of development. All parking areas and access drives shall be located 15 feet from any property line. 9. The three phases of development shall be made a part of this conditional use permit with no future public hearing required. Tentative scheduling of the phases are 2 - 4 years for Phase 2 and 5+ years for Phase 3. Site plan review will be required for each phase of development pursuant to City Code. 10. All signage shall conform to the City's Sign Ordinance and proper permits be obtained prior to installation. 11. No access or roadway extension shall be allowed from Oakwood Lane. Council Member Neal asked what connection the CSO officer has to this project. Ms. Wyland explained that the CSO officer attended specialized training for a program called CPTED (a crime prevention program), and reviews all major building and landscaping plans to assure that plans do not pose security problems. Council Member Kuether asked if it is customary to approve more than one phase of development within the perameters of the same conditional use permit. Ms. Wyland indicated that, provided there is not substantial change from the original plan, approval of all phases is acceptable. Eldon Morrison, church architect, explained that the reason for the 3-phase approval request is that the church has a substantial investment in its property and development plans and there is a need to know that the entire project can be completed. He added that Phase 2 will be an educational facility, with Phase 3 being the sanctuary. All available plan detail will be submitted for site plan approval prior to additional development. Council Member Lyden asked about park land designation. Ms. Wyland explained that cost could be an issue. A 5- to 7 -acre area is desirable. The church and City will continue to explore possibilities. Mayor Landers requested that a condition of approval be that the parking area be striped in accordance with ADA rules. Additionally, he pointed out Richard Carlson's concerns that his property might ultimately become landlocked. Ms. Wyland explained that Mr. Carlson's property is already landlocked. Mr. Tesch stated that the name "Rice Creek Church" is being considered as the new name for Shoreview Covenant Church. Council Member Kuether moved to approve the conditional use permit and site plan review for Shoreview Covenant Church, Ash Street, pursuant to the conditions outlined above. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision, Birchwood Builders, Deerwood Lane, Country Lakes Estates - Mr. Wyland stated that Rich Granger, Developer of Country Lakes Estates, is requesting a minor subdivision of Outlot A, Country Lakes Estates. Mr. Granger would like to COUNCIL MINUTES AUGUST 26, 1996 split Outlot A into two parcels, one containing a 20,165 -square -foot buildable lot and the other a 2.8 -acre outlot. The property is zoned R-1, Single Family, located within the MUSA, and indicated as single-family residential on the land use plan. the buildable lot would meet all lot width, depth and area requirements of the Zoning Ordinance. The remaining outlot is for drainage and utility purposes and will eventually be dedicated to the City. Ms. Wyland added that the Rice Creek Watershed District has reviewed the proposal and has no objections to the plan. The original permit for the Country Lakes Estates development has been amended to include this change. The Planning & Zoning Board reviewed this item at its August 14, 1996 meeting, and recommended approval with the condition that the City Engineer review and approve the relocation of the storm sewer pipe. Council Member Lyden requested clarification regarding a wetland designation on the handout provided on this item. Ms. Wyland explained that the wetland designation has been reevaluated by a representative from Rice Creek Watershed. Council Member Lyden asked about minimum lot width for R-1 zoning. Ms. Wyland stated that the minimum width is 80 feet. She added that the minimum lot area is 10,800 square feet. Council Member Kuether requested clarification of the size of Parcel A. Ms. Wyland explained that the lot is less than 20,000 square feet; however, Mr. Ahrens pointed out that this odd -shaped lot measures very close to that number. Council Member Lyden moved to approve the minor subdivision for Birchwood Builders, Deerwood Lane, Country Lakes Estates, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Minor Subdivision, Daniel Robinson, 4th Avenue - By way of background, Ms. Wyland explained that Robin -Acres is a subdivision that was platted in July of 1967. Robin -Acres consists of eight lots approximately 100 feet wide and 117 feet deep. Several of these lots, including Lot 5 contain twin homes. The lots are substandard in area and depth, according to today's standards for the City of Lino Lakes. They are located in a rural zoning district, and no sewer or water utilities are available. This property is designated as "rural" on the City's Land Use Map. Ms. Wyland continued that some time between 1967 and now, a minor subdivision (or several subdivisions) was approved, which added 100 x 150 -foot parcels to all of the lots in Robin - Acres, except Lot 5. Mr. Robinson is now requesting a minor subdivision that would "fill the gap". According to Ms. Wyland, the proposed subdivision would add a 100 x 150 parcel to Lot 5, Robin -Acres, making the parcel 26,700 square feet in area. Although this too is a substandard lot 6 • • COUNCIL MINUTES AUGUST 26, 1996 for the Rural Zoning District, it does provide additional square footage for the existing twin home and an alternate site for an on-site system should septic problems occur. Ms. Wyland stated that the Planning & Zoning Board reviewed this item at its August 14, 1996 meeting, and recommended approval of this minor subdivision with the condition that the new parcel be legally joined with the existing Lot 5, Robin -Acres. Additionally, waiver of the park dedication fee was recommended in this instance. Council Member Kuether clarified this effort is to improve a substandard lot. Council Member Kuether moved to approve the minor subdivision requested by Daniel Robinson, 8015 4th Avenue, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Mayor Landers pointed out that approval as requested was not accomplished in its entirety with respect to Agenda Item 6.A., Shoreview Covenant Church, Ash Street (County Road J), Conditional Use Permit and Site Plan Review. Therefore, Council Member Kuether withdrew her motion and Council Member Lyden withdrew his second to that motion, with the following action: Council Member Kuether moved to approve the conditional use permit to allow construction of Shoreview Covenant Church in an R -1X zoning district, and to approve the site plan review with conditions outlined previously. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Interim MUSA Designation Criteria - Mr. Wessel explained that the Metropolitan Council recently approved the allocation of 150 net buildable acres of MUSA Reserve to the City of Lino Lakes to be allocated to properties located south and east of the Rice Creek Chain of Lakes Regional Park Reserve. These 150 net acres, of which 9 have been used, are intended to be allocated on an interim basis through 1997-98. The MUSA Reserve should be equitably distributed over a two-year period (mid-1996 through mid-1998), or prior to the Comprehensive Plan revision being completed. The MUSA Reserve shall be allocated only to properties located within Sewer Districts 1, 4, and 6. The interim MUSA Reserve criteria which follows will provide a guideline for MUSA request considerations and shall be interpreted as appropriate for each individual development project. Application of Interim MUSA Reserve shall be subject to the following: 1. An application for MUSA Reserve shall be considered at time of Preliminary Plat Approval. 2. The property in question shall be zoned R-1 or R -1X or a rezoning application shall be in process in conjunction with the preliminary plat. 3. The property in question must be immediately adjacent to existing MUSA. COUNCIL MINUTES AUGUST 26, 1996 4. Development of the property must be considered a natural utility extension. 5. Development of the property must be considered a natural extension of existing roadways. 6. Development of the property shall not adversely effect the health, welfare, and general safety of the community. 7. Development of the property shall be environmentally compatible with the surrounding area. 8. Development of the property shall be consistent with the City's Comprehensive Park Plan. 9. Development of the property shall be consistent with the City's Comprehensive Sewer and Water Plan. 10. The developer shall demonstrate evidence of a commitment to the community. 11. The proposed development shall comply with the City's Infill Policy as outlined by Resolution No. 92 - 85. 12. Roadways serving the proposed development shall be determined adequate according to City engineering standards to handle the additional traffic generated by the proposed development, or a financial commitment shall be made by the developer to upgrade said roadway(s). Mr. Wessel explained that the above list of criteria had been reviewed by City Attorney Hawkins, who indicated that having criteria in place is important to the community. General planning issues as well as the balance between commercial and residential properties have been omitted from this list, but will be addressed as part of the Comprehensive Plan process. Council Member Lyden suggested that public input be sought with regard to interim MUSA designation. Mayor Landers pointed out that the action requested is policy only, and that public input would be solicited in conjunction with individual requests. Council Member Kuether added that any rezoning proposal would result in a public hearing, at which time the public would be notified and invited to provide input. Council Member Kuether suggested that Criterion No. 2 be expanded so that it in no way provides for a guaranteed rezoning. Mr. Wessel concluded that perhaps the entire criterion should be eliminated from the list, as it is vague. Council Member Kuether then raised the issue of Criterion No. 12, explaining concern with reference to roadways. Mr. Wessel indicated that he would work on revision to this item, 8 COUNCIL MINUTES AUGUST 26, 1996 clarifying the distinction between accomplishing city engineering standards and financial • obligation. Council Member Lyden suggested that an additional 150 acres of MUSA is excessive. He added that the remaining 141 acres can only be used in residential development. He expressed interest in waiting until conclusion of the Comprehensive Plan with respect to MUSA designation. Council Member Kuether moved to table consideration of the Interim MUSA Reserve Criteria Policy. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Approval of Consulting Engineer Agreement/Transportation Plan - SRF Consulting Group, Inc. - Mr. Ahrens reminded Council that on August 9, 1996, he presented a report and request for approval of a consulting engineer agreement to prepare the City's transportation plan with SRF Consulting Group, Inc. He stressed that the Transportation Plan component of the Comprehensive Plan is critical to certain areas of the City, such as 35W and Trunk Highway 49 interchange (Town Center). The agreement provided for review, outlines the scope of service and basis for payment. The not -to -exceed amount for the Transportation Plan is $21,500, with additional costs for SRF attendance at meetings and public informational meetings. In addition, if the City elects to conduct a special area study, it is estimated that it will cost an additional $1,000 to $3,000 per study area. The overall Transportation Plan is estimated to cost between $30,000 and $40,000, depending upon the number of meetings and special area studies conducted. Mr. Ahrens added that at its August 21, 1996 work session, Mr. Ferrol Robinson of SRF Consulting Group outlined the process of preparing a transportation plan and also gave Council examples of other plans that his firm has completed. Additionally, Mr. Robinson answered questions posed by Council. Council Member Kuether asked who decides the number of meetings that would be attended by SRF on behalf of the City. Mr. Ahrens responded that the Task Force Steering Committee would direct attendance at such meetings. Council Member Kuether clarified that the same group would control the area studies. Council Member Lyden requested an estimated total cost. Mr. Ahrens explained that at present he only sees one special area study of critical importance, and that is the 35W area. Using that as a "given", he estimated the total cost to be approximately $27,000. Council Member Kuether moved to approve the Consulting Engineer Agreement/Transportation Plan with SRF Consulting Group, Inc. Council Member Neal seconded the motion. Motion carried, with Council Member Lyden voting no. Consideration of Resolution No. 96 - 94, Erect "No Parking" Signs on Glenview Drive and Glenview Lane - Mr. Ahrens explained that during summer activity at Sunrise Park, the COUNCIL MINUTES AUGUST 26, 1996 intersection of Glenview Drive and Glenview Lane becomes congested with parked cars belonging to persons using the Park. After reviewing this intersection with the Public Works Superintendent, he determined that installation of two "No Parking" signs should correct the problem. Council Member Neal expressed his feeling that yet more parking restriction should be initiated in the subject street area, pointing out that a large parking area is available within the Park. Council Member Neal moved to adopt Resolution No. 96 - 94, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 94 can be found at the end of these minutes. Consideration of Resolution No. 96 - 96 Accepting Permanent Road and Utility Easements, Clearwater Creek Trunk Utility Improvement Project, Brian Wessel - Mr. Ahrens reminded Council that on June 24, 1996, it ordered Clearwater Creek trunk utility improvements, and at its August 9, 1996 meeting Council awarded the contract for construction of these improvements. Resolution No. 96 - 96 follows up by providing the City right of entry and specific legal descriptions for easements required for this project to proceed. Council Member Kuether moved to adopt Resolution No. 96 - 96, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 96 can be found at the end of these minutes. Consideration of Resolution No. 96 - 97 Approving Plans and Specifications and Ordering Advertisement for Bids, Ash Street Watermain Project, John Powell - As background for this item, Mr. Ahrens explained that as part of the Ware Road Lift Station/Interceptor project which the Metropolitan Council has under contract, he requested that John Powell of TKDA prepare plans and specifications to install watermain on the north side of Ash Street. Additionally, with the approval of the conditional use permit and site plan review for Shoreview covenant Church which took place earlier in this meeting, it is appropriate to upgrade the water system in this area of the City at a reduced cost. The proposed upgrade is the installation of a watermain from R.H.49 to the west limit of the Shoreview Covenant Church site along the north side of Ash Street. The topographic data gathered by the Metropolitan Council will be used for the construction plan preparation and the pipe installation will be completed while the area is disturbed by the Metropolitan Council project, two measures which should reduce project costs. Plans and specifications are essentially complete, and it is anticipated that bids will be received on September 17, 1996 with a recommendation regarding award presented to Council on September 23, 1996. City Attorney Hawkins confirmed that a majority vote is sufficient to pass this item. Council Member Kuether moved to adopt Resolution No. 96 - 97, as presented. Council Member Neal seconded the motion. Motion carried unanimously. 10 • • • COUNCIL MINUTES AUGUST 26, 1996 Resolution No. 96 - 97 can be found at the end of these minutes. Status of Centennial Middle School Traffic Light on Lake Drive/Elm Street - Mr. Ahrens explained that OSM has prepared a signal justification report for the traffic light on Lake Drive and Elm Street, which report has been forwarded to MnDOT for review. MnDOT's transportation planner has indicated that seven (7) of the 11 warrants for installation of such a signal light have been met. Only one warrant is required to justify a signal. Mr. Ahrens indicated that the remaining issue is funding. Council Member Kuether requested a copy of the traffic count report. Mr. Ahrens pointed out that through the improvement process cost sharing with the School District was established, with the majority of the cost to be picked up by the District. However, with the turnback of the highway to the County, MnDOT may also be a source of funding for this project. Mr. Ahrens indicated that he will follow up on these issues. MnDOT's approval process is anticipated to be complete by November 1, 1996. Barring unforeseen problems, the signal should be installed prior to the start of school. Council Member Lyden asked about the possibility for a signal at Birch Street/Hwy 49. Mr. Ahrens stated that a signal at that location has been proposed in the past, but MnDOT did not approve that installation. He indicated that he would investigate that possibility again. OLD BUSINESS - None. NEW BUSINESS Consideration of Special Event Application, Beer License Application and Cabaret License Application for Sandbur Days, Circle -Lex Lions Club, Marilyn Anderson - Ms. Anderson explained that Sandbur Days is an annual event held by the Circle -Lex Lions Club at Sunrise Park. This year Sandbur Days will be held the weekend of September 6, 7 and 8. This annual event requires two (2) licenses and one permit. A Special Event permit application for the use of Sunrise Park has been submitted to Marty Asleson, Parks and Recreation Director. The application is complete, the required insurance policy naming the City as additional insured has been received, and the proper fee has been paid. A city park hold harmless agreement has been provided. The applicants are working with the Police Department, the Public Works Department and the Centennial Fire District to coordinate activities. A food license is required from Anoka County, and will be delivered by the County on the first day of the event at the time it makes its inspection. A copy of the food license must be posted in the area where food is sold. The 3.2 Beer License application has been received. This application is complete, the proper fee has been paid, and a certificate of insurance has been received. The Cabaret License application is also complete and the fee has been paid. This license is required to regulate entertainment where on -sale beer is being served. 11 COUNCIL MINUTES AUGUST 26, 1996 The Sandbur Days event has been held in Sunrise Park for many years. On this same weekend, Waldoch Sports will hold its annual snowmobile races on grass and the men's Club at St. Joseph Catholic Church will hold its annual auction. The Police Department is aware of all of these events, and additional officers will be working that weekend. The snowmobile club organizing the snowmobile races reimburses the Police Department for traffic control and reserve officers usually staff a booth at the Sandbur Days. Council Member Lyden asked if Ms. Anderson is aware of any problems with this event in the past. Ms. Anderson explained that this event has taken place for the past 18 or 19 years, and there have never been a negative report in conjunction with Sandbur Days. Council Member Neal moved to approve the Special Event Application, Beer License Application and Cabaret License Application for Sandbur Days, Circle -Lex Lions Club. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of a Block Party for Caribou Circle, Marilyn Anderson - Ms. Anderson presented a request for a block party in a cul-de-sac of Caribou Circle. The party is planned for September 7, 1996 starting at 2:00 p.m. and ending at 10:00 p.m. Both the Police Department and the Public Works Department have been given information regarding the party. The Public works Department will provide barricades for blocking the cul-de-sac and a police patrol car will visit the party. Council Member Kuether questioned the number of signatures accompanying this application. Although there was one signature missing, Ms. Anderson indicated there had been no objections to this event. Council Member Kuether moved to approve the block party for Caribou Circle, Sunrise Meadows. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Resolution No. 96 - 98 Declaring Costs to be Assessed, Ordering Preparation of Assessment Roll, and Setting Public Hearing for Unpaid Sewer and Water Utility Bills, Marilyn Anderson - By way of background, Ms. Anderson explained that each year a number of property owners fail to pay their utility bills in a timely manner. The Lino Lakes City Code Section 401.29 and Section 402, Subdivision 6, provide that all delinquent sewer and water utility bills shall be certified to the County Auditor for collection with property taxes. Resolution No. 96 - 98 lists all delinquent sewer and water billings, and provides for a public hearing on September 23, 1996 to take public input on this matter. All property owners who have not paid their utility billings will be notified by mail and will be given an opportunity to respond at the public hearing. The City will continue to accept payments on delinquent accounts and will certify only the unpaid portions of delinquent billings. Council Member Kuether questioned the large amounts of some of the delinquent billings. She also requested a copy of the correspondence forwarded to residents. 12 COUNCIL MINUTES AUGUST 26, 1996 • Council Member Neal expressed concern that these utility bills cover too long a billing period creating too large an amount due. • • Council Member Kuether moved to adopt Resolution No. 96 - 98, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 96 - 98 can be found at the end of these mintues. FOR YOUR INFORMATION, Deed for Conveyance of Forfeited Lands, Parcel Fronting on Bald Eagle Boulevard, Marilyn Anderson - Ms. Anderson explained that approximately one year ago she informed Council that a substantial parcel of land was in tax forfeiture status. She indicated that she was directed to obtain title to the parcel for use as open space of for mitigation. The former owner had researched options for use of the land; however, no part of the parcel was deemed buildable. Since there was no use for the parcel, the former owner allowed it to forfeit to the State. Ms. Anderson indicated that title to the parcel has been obtained. The purpose of this presentation is to notify Council of the status of the parcel. Ms. Anderson referred Council to the letter from Gene Rafferty, Anoka County Land Commissioner, in which he stated that the parcel can only be used for open space. FOR YOUR INFORMATION: (1) Joint City Council/Charter Commission Meeting, Thursday, September 19, 1996, 6:30 p.m. (2) Appreciation of Anoka County Cooperation, Tuesday, September 24, 1996, 9:30 a.m. (3) HRA Meeting, Monday, October 14, 1996, 6:00 p.m. (4) Oakwilt Correspondence - Mayor Landers shared correspondence from Olin Phelps, Associate to Director of State Urban Forestry, Forest Health and Nurseries, DNR Division of Forestry, dated August 20, 1996, as follows: At the one millionth celebration on August 20, 1996, Lino Lakes has performed over 140 oakwilt treatments treating over 90% of its oakwilt sites. They are one of the first communities to take advantage of federal assistance. They currently provide a very low-cost service to homeowners and have reduced their oakwilt from 2.9 to an amazing 0.2 infectious centers per square mile. They have oakwilt licked in this community. (Accepted on behalf of the City of Lino Lakes, Mayor John Landers) 13 COUNCIL MINUTES AUGUST 26, 1996 Mayor Landers indicated that among those in attendance at this meeting were Senator Paul Wellston, Congressman Bill Luther, numerous mayors, etc. He added that Lino Lakes was one of 10 cities within the State of Minnesota chosen to receive this award. Council Member Neal asked that the issue of utility bills be reviewed at the next Council work session. He suggested a central location for payment of bills, and more frequent billings as primary issues for discussion. ADJOURN Council Member Kuether moved to adjourn at 8:10 p.m. Council Member Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Coun ; eeting on July 13, 1998. iiiIiiii I Kim'. - .'• 7hvan, Mayor -171 19" Manlyn Anderson, Clerk -Treasurer Transcribed by: Judy Pope TimeSaver Off -Site Secretarial, Inc. 14 • • • Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 94 RESOLUTION SUPPORTING THE PLACEMENT OF "NO PARKING" SIGNS ON GLENVIEW DRIVE AND GLENVIEW LANE WHEREAS, due to increased usage of Sunrise Park and to the development of new homes on the east side of Sunrise Park, automobile parking near the intersection of Glenview Drive and Glenview Lane has caused concern for safe passage in that area, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that two (2) "No Parking" signs be installed on Glenview Drive as indicated on the attached map. Adopted by the Lino Lakes City Council this 26th day of August, 1996. Marilyn V.. Anderson, Clerk -Treasurer L. Landers, Mayor 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: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-96 RESOLUTION ACCEPTING PERMANENT ROAD AND UTILITY EASEMENTS - CLEARWATER CREEK TRUNK UTILITY IMPROVEMENTS WHEREAS, road and utility easements are needed to construct the Clearwater Creek Trunk Utility and Road Improvement projects; and WHEREAS, property owners along said improvement have agreed to execute a Permanent Easement that will accommodate the Clearwater Creek Trunk Utility and Road Improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. To approve the right of entry and utility easements with the property owners listed on Exhibit A. Adopted by the Lino Lakes City Council this 26th day of August, 996. Marilynin G. Anderson,Clerk-Treasurer John L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted an approved by the City Council on August 26, 1996. Marilyn . Anderson, Clerk -Treasurer • • 1. Taylor Corporation 2. Cyril H. LaCasse, Jr. 3. Richard Schreier 4. Paul Miller 5. Arnt Family Limited Partnership 6. Eugene Arnt 7. Darrel Kothe 8. Wayne Scanlon 9. Richard & Cheryl Martinek • • EXHIBIT A Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-97 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE ASH STREET WATERMAIN IMPROVEMENTS. WHEREAS, the City Engineer has prepared plans and specifications for the Ash Street Watennain Improvements 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. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper 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 on 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. on Tuesday, September 17, 1996 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 considered by the Council at 6:30 P.M. on Monday, September 23, 1996 in 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) percent of the amount of such bid. Adopted by the City Council this 26th day of August, 1996. Join L. Landers, Mayor M • yn . Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member:; Bergeson was absent. Whereupon said resolution was declared passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City FA. Ci Council on , 1996. Marilyn G. Anderson, Clerk -Treasurer • • • Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 98 RESOLUTION DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF ASSESSMENT ROLL, AND SETTING A PUBLIC HEARING FOR UNPAID SEWER AND WATER UTILITY BILLS WHEREAS, the City of Lino Lakes has established a quarterly billing system for sewer and water utility service for residential and commercial users, and WHEREAS, certain residential and commercial users have not paid their quarterly utility billing in a timely manner, and WHEREAS, the City Code provides for assessment of all delinquent sewer and water utility billings, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The City Clerk -Treasurer is directed to prepare an assessment roll containing the name, address and delinquent amounts of sewer and water utility bills together with a $30.00 administration fee for each delinquent account. 2. A hearing shall be held on September 23, 1996 in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 P.M. or as soon as practicable 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 be heard with reference to such assessment. 3. The City Clerk -Treasurer is directed to cause a notice of the hearing on the proposed assessment to be published twice in the official newspaper. She shall also cause mailed notice to be given to the owners of each parcel described in the assessment roll. 4. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property. Such payment must be made before October 15, 1996, the official certification date. Adopted by the Council of the City of Lino Lakes this 26th day of August, 1996. RESOLUTION NO. 96 - 98 Page -2- Jo lfh L. Landers, Mayor Marilyn Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: None, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted. • • • •--- • — Council Member KuethwAintroducedlution and moved --its adoption: CITY OF LINO LAKES RESOLUTION NO. 96 - 99 RESOLUTION ACCEPTING UTILITY AND WETLAND EASEMENTS FOR THE CENTENNIAL MIDDLE SCHOOL WHEREAS, utility easements on the Centennial Middle School site are required to allow for maintenance of the utility system, and WHEREAS, wetland easements on the Centennial Middle School site are required to protect wetlands on the site, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: The utility and wetland easements prepare by agents of the Centennial School District for the Middle School are hereby approved. Adopted by the Lino Lakes City Council this 26th day of August, 1996. Marilyn' . Anderson, Clerk -Treasurer L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Kuether, Lyden, Neal, Landers. The following voted against same: none, Council Member Bergeson was absent. Whereupon said resolution was declared duly passed and adopted.