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HomeMy WebLinkAbout03/25/1992 Council Minutes1 1 1 MUNICIPAL ELECTION CANVASS BOARD MARCH 25, 1992 CITY OF LINO LAKES COUNCIL MINUTES DATE March 25, , 1992 TIME STARTED : 5:00 P.M. TIME ENDED : 5:38 P.M. MEMBERS PRESENT: Reinert, Neal, Kuether, Elliott MEMBERS ABSENT : None Staff members present: City Engineer, Darrell Schneider, City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. Mr. Gary Uhde and Mr. Glenn Rehbein were present to attend the Economic Development Authority meeting that will follow this meeting. Canvass the 1992 Special Municipal Election Mrs. Anderson presented a summary of the results for the March 24, 1992 Special Municipal Election. Mr. John Bergeson received the largest number of votes and was therefore the apparent Council Member elect. Mrs. Anderson noted that there were more than 20 votes between Mr. Bergeson and the next candidate. Therefore, an automatic recount was not necessary. Mrs. Anderson explained that she had informed that candidates wife that he had the right to ask for a recount at his own expense. Council Member Neal moved to approve the summary of the 1992 Special Municipal Election. Council Member Kuether seconded the motion. Motion carried unanimously. The summary of the 1992 Special Municipal Election is attached to these minutes. Acceptance of Easements, Pheasant Hills Preserve Mr. Schumacher explained that staff had met with Mr. Ed Vaughan, developer of Pheasant Hills Preserve to negotiate easements in this subdivision. One particular easement runs along the west lot line of Lots 1, 2 and 3, Block 3. Council Member Kuether asked if any closing had occurred on these lots. Mr. Schumacher said they had not. However, he noted that on Broken Oak Court a property had closed and all of the drainage work had not been completed. The lot owner would not allow any equipment on his lot to complete the drainage work because he feared he would PAGE 1 MUNICIPAL ELECTION CANVASS BOARD MARCH 25, 1992 loose trees. Mr. Vaughan must now complete his drainage work outside of this particular property and provide proper drainage at his own cost. Mayor Reinert asked how this had happened. It was explained that because it had snowed early in the season, all work was not completed and it was difficult to determine what had to be done. Council Member Neal asked if this is a case where everything had been rushed to be completed before the new Council took office. Mr. Schumacher said no, it is a case of where there are approved plans, but the developer has done his own grading and has not always followed the plan. Mr. Gary Uhde was in the audience and explained that retaining proper elevations on lots is sometimes difficult. The developer comes in and completes the preliminary grading according to the approved plan. However, when the developer sells the lot to a builder there is no way to police the builder to see that he does not change elevations. He noted that sometimes the new owner wants to build a walk out house when it will not fit on the lot and the builder then tries to change elevations to accommodate the new lot owner. Mr. Uhde said that cities should require that approved elevations be maintained and have them checked before an occupancy is issued. Mayor Reinert said the City should talk to all developers and make them aware that the City is going to require that elevations be maintained. Mr. Schneider explained that the City is instituting a procedure to try and insure that proper elevations are maintained by the builder as well as the developer. Mr. Rehbein told of an instance where his company sold a lot to a builder and the builder constructed the house to low. This caused a problem for the driveway. Mr. Rehbein said it was his opinion that certain elevations should be maintained and checked by the building official when the footings are constructed. Mr. Schneider explained that currently a certificate of survey is required to obtain a building permit. The certificate of survey indicates the house elevation and footing levels. Mr. Uhde also suggested that the building official compare the certificate of survey to the original grading plan. Mr. Rehbein also addressed the clear cut portion of a lot behind the curb. He noted that currently, the policy is to clear cut the first eight (2) feet behind the curb. Mr. Rehbein suggested that this be increased to 12 feet. Mr. Schumacher said that all staff would agree, however, the developers are trying to save as many trees as possible. Mr. Uhde noted that many of the trees die because they have been disturbed. He also noted that the current boulevard of the City is not practical and felt that the City Forester is realizing the situation. PAGE 2 1 1 1 1 1 MUNICIPAL ELECTION CANVASS BOARD MARCH 25, 1992 Mayor Reinert suggested that a meeting with all developers in the City be held and an agreement reached regarding development concerns such as proper grading elevations. He asked that a program be drafted and sent to the Planning and Zoning Board for their input. Mr. Uhde felt that this would eliminate a lot of conflict and also noted that it is important to set guidelines in the beginning. He felt an advisory committee could help on this matter. Mayor Reinert felt this advisory committee could be a subcommittee of the Planning and Zoning Board. He asked that this matter be instituted before July 1, 1992. Mr. Uhde felt that this subcommittee could focus on existing ordinances so that existing ordinances could be updated to be more positive and productive. Council Member Neal moved to accept the easement on Lots 1, 2 and 3, Block 3, Pheasant Hills Preserve. Council Member Elliott seconded the motion. Motion carried unanimously. The Municipal Canvass Board was adjourned at 5:38 P.M. These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on May 26, 1992. ar 42131-AA__.6e4- 1 y n 4G. Anderson ' Vernon F. Reinert, Clerk - Treasurer Mayor PAGE 3 1 1 1 Council Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 16 - 91 AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM NEIGHBORHOOD BUSINESS (NB) TO SINGLE FAMILY RESIDENTIAL (R -1) I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 02 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1982 is hereby amended by rezoning from Neighborhood Business (NB) to Single Family Residential (R -1), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: Out Lot J, Lakes Addition No. 3, Lino Lakes, Minnesota II. Save as above amended, said Ordinance No. 02 shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage an publication according to City Charter. Passed by the City Council of the City of Lino Lakes this 23rd day of March, 1992. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk - Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Reinert, Elliott. The following voted against same: Whereupon the said ordinance was declared duly passed and adopted. 215