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HomeMy WebLinkAbout10/14/1991 Council Minutes (2)1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES OCTOBER 14, 1991 DATE • ▪ October 14, 1991 TIME STARTED : 6:33 P.M. TIME ENDED • • 9:10 P.M. MEMBERS PRESENT: Bisel, Bohjanen, Kuether, Neal, Reinert MEMBERS ABSENT : None Staff members present: City Engineer, Darrell Schneider; City Engineer, Dan Boxrud; City Planner, John Miller; Building Official, Pete Kluegel; Centennial Fire Chief, Milo Bennett; City Attorney, Bill Hawkins; City Administrator, Randy Schumacher; Assistant to the City Administrator, Daniel Tesch. CONSENT AGENDA Council Member Neal moved to approve the consent agenda. Council Member Bohjanen seconded the motion. Motion carried. OPEN MIKE There was no one to speak under open mike. CONSIDERATION OF JOINT POWERS AGREEMENT WITH WHITE BEAR TOWNSHIP FOR ACCOUNTING SERVICES. Mr. Schumacher explained the history behind this issue, and that at a prior meeting, the council had authorized him to negotiate a Joint Powers Agreement (JPA) with White Bear Township for accounting services. Mr. Schumacher explained the details of the JPA including the fact that this would be a one year contract, that this individual would be an employee of White Bear Township, and that the City Attorney had reviewed the document. Council Member Reinert asked Mr. Schumacher why this was brought up now, and not at the coming budget time. Mr. Schumacher explained that this was approved a 1 1 30 131 COUNCIL MEETING OCTOBER 14, 1991 year ago and that due to budget constraints we held out until now. Mayor Bisel stated that this would provide affordable expertise and we would definitely get more for our money versus our present fiscal consultants. Council Member Kuether asked about bonding and insurance. Mr. Schumacher stated that was being taken care of. Mr. Schumacher also added that our present Accountant would be taking a six month leave of absence in approximately six months. Council Member Kuether had concerns about the cost of the program. Mr. Schumacher responded that it would be around two or three thousand dollars for the remainder of the year. The council had questions concerning duties and timing. Mr. Schumacher stated that the finance department had recently been organized around the various individuals. Mr. Bohjanen moved to enter into a Joint Powers Agreement with White Bear Township for accounting services. Motion was seconded by Sally Kuether. Mr. Reinert requested that Mr. Bohjanen amend his motion to irtIude a review at the end of the year. Mr. Bohjanen stated that went without saying, and would not amend his motion. VOTING ON THE MOTION: Bisel Neal Bohjanen © Kuether Reinert El Abstained: none Motion Carried. CONSIDERATION OF CONSOLIDA TION COMMITTEE Mr. Schumacher explained that per the State Municipal Board, the council is required to put forward 10 names for consideration as members of a Consolidation Committee, and 3 members to be considered for a chairperson. The green sheet stated that council members should bring names to this meeting to be put forward. These names will be put forward along with the names from the Centerville Council. The municipal board will make the final determination. Mayor Bisel asked council members if they had any suggestions. Council Member Bohjanen suggested Mrs. Sylvia Marier and Mr. William Houle. Council Member Reinert had no names to put forward. Council Member Neal suggested Mr. Ray Johnson, and Mr. Don Volk. Council Member Kuether also suggested Mr. Johnson. Mayor Bisel suggested Mr. Harold Lehmann and Mrs. Lyola Thiltgen. Mr. Reinert stated that he did not feel that all of Centerville wanted to be a part of Lino Lakes. Mr. Bisel responded that we are only responding to a request of the Municipal Board, and that the Consolidation Committee is only a fact finding body. PAGE 2 1 1 1 1 1 1 COUNCIL MEETING OCTOBER 14, 1991 Council Member Kuether had questions as to tax impact and finances. Mr. Schumacher stated that these questions are what will be answered by the Consolidation Committee. A motion was made by Council Member Bohjanen and seconded by Council Member Kuether to table this item until our work session on the 24th of October. 1988 BUILDING CODE AMENDMENT WITH APPENDIX E Chief Bennett introduced the 1988 building code with appendix E to the council. The most important change this would make to our existing policies would be mandatory sprinkler systems in commercial or apartment buildings over a certain number of square feet. Chief Bennett stated that it is a fairly complicated document. Council Member Kuether questioned if this would affect existing buildings. Chief Bennett responded that only if square feet are added in a remodeling situation, or changing the use of the building. Mayor Bisel raised the question of how this new code would affect outdoor burning. Chief Bennett explained that this would affect burning permits, but primarily due to the fact that MPCA now states when we can or can not issue permits. Mr. Bohjanen felt that common sense should be used when burning outside, rather than having a complex set of guidelines. Mr. Schumacher asked if Circle Pines or Centerville had adopted these standards. Mr. Bennett said yes. 7:00 P.M. PUBLIC HEARING, RENAMING 74TH STREET Mr. Miller began the presentation by stating that this ordinance would rename 74th Street from 4th Avenue to John Avenue. As this will be an industrial area, some property owners suggested we get a name that would better represent the area. Mr. Miller felt that Apollo suggested a hi- tech \team work idea. There already is an Apollo Street NE in Columbus Township, but with different cities, location numbers, and emergency service organizations, he felt this would not be a problem. Council Member Kuether stated that she did not like the sound of the name. Mayor Bisel opened the public hearing at 7:28 P.M. Mr. Bert Kramer of 108 74th Street stated that while he did not object to the changing of the name. He felt rather the whole street should be changed rather than just a portion. Ms. Candy St. Clair of 129 74th Street felt the name sounded pretentious, and would rather have a street name that reflected the area. Mr. Mary Peterson, owner of Emtech located on 74th Street has requested the name change. While he respected the concerns of his neighbors, he felt that his business would benefit by a street name change. Council Member Bohjanen moved to close the public hearing, seconded by Council Member Kuether. PAGE 3 132 133 COUNCIL MEETING OCTOBER 14, 1991 Mr. Miller stated that we are only proposing to rename the East 375 feet of 74th Street. He went on to add that the Public Works Department is looking at vacating a portion of 74th street, creating a dead end. Council Member Reinert felt it was important to work with the residents already living on the street. Mr. Reinert asked if the residents in the audience would mind the street being renamed if it were blocked off? They felt that this would be better than nothing. Council Member Kuether moved to rename the East 375 feet of 74th Street to Apollo Drive. Motion seconded by Council Member Neal. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: none Motion passed unanimously. 7 :15 P.M. PUBLIC HEARING RENAMING WEST STREET TO WHITE TAIL RIDGE Mr. Miller explained that it has become city practice to name North and South streets after animals, and East and West Streets after plants. Mr. Smith and Mr. Cheeseborough who have just subdivided this area have requested the name White Tail Ridge. Mayor Bisel opened the public hearing at 7:48 p.m. There being no one present to say anything for or against, Mr. Bohjanen moved to close the public hearing, with a second by Council Member Kuether. Council Member Bohjanen moved to approve the first reading of Ord. 12 -91 from West Street to White Tail Ridge. Council Member Reinert seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: none Motion passed unanimously. 7:30 P.M. PUBLIC HEARING REZONE PERSHING & AUDREY WEAVER The council has received a petition from the applicants to have the land locally known as the "Weaver Property" rezoned from R -1 Single Family Residential to R1 -X Single Family Executive. PAGE 4 1 1 1 COUNCIL MEETING OCTOBER 14, 1991 Mayor Bisel opened the public hearing at 7:52 P.M. Mr. Corson was present to represent Hokanson Development. Mr. Leroy Houle of 1221 Birch Street was present to discuss the rezone. He stated that he had (four) 4 acres and was concerned about a letter he received stating that he may be required to sell 30 feet of his property for future access. Mayor Bisel stated that the city is attempting not to block Mr. Houle in, but at the same time he would not be forced into developing his property. Mr. Bohjanen moved to close the public hearing, seconded by Council Member Kuether. Council Member Neal moved to approve the rezone with a second by Council Member Bohjanen. VOTING ON THE MOTION: Bisel © Bohjanen Neal © Reinert Abstained: Kuether Motion passed. ATTORNEY'S REPORT Kuether ® ., Mr. Hawkins updated the Council orally on the final plat of Oak Brook Peninsula. He stated that the city may at this point be out of the picture. He stated that the developers of this property have met all the criteria, and that the two sides may be close to a settlement. CONSIDERATION AND APPROVAL OF FINAL PLA T, OAK BROOK PENINSULA Mr. Boxrud informed the council that the developer's of this parcel have received all their permits and conformance to the conditions of approval will be demonstrated in the final construction plans. Mr. Boxrud recommended that the council approve the final plat contingent upon the the following: A. Receipt & approval of the additional soil tests. B. Approval of the construction plans and specifications. C. Addition of any easements determined to be necessary by the City Engineer. D. Approval of the Homeowner's Association documents by the City Attorney. E. Execution of the Development Contract including the appropriate financial guarantees. Council Member Reinert questioned Mr. Hawkins as to how we could take any action on this plat as it was still being litigated. Mr. Hawkins responded that the present litigation does not enjoin us from taking any action, there were no legal barriers to PAGE 5 134 135 COUNCIL MEETING refusing this plat. OCTOBER 14, 1991 A motion was made by Council Member Bohjanen to approve the final plat of Oak Brook Peninsula. Second by Council Member Kuether. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert El Abstained: none Motion passed. CONSIDERATION OF CHANGE ORDER, RESHANAU LAKE TRUNK SEWER, DIVISION r.- Mr. Schneider began this presentation by explaining that the water mains that will serve the Pineridge Plat are now planned for narrow easements at the back of the property. There would be space conflicts with placing both sewer and water in these easements. He recommended putting the sanitary sewer in Ware Road which would solve the congestion problems as well as allow service to the properties on the west side of Ware Road. A change order is necessary to accomplish this. Council Member asked for clarification as to whether this would serve more people and save money in the long run. Mr. Schneider said yes. Council Member Bohjanen moved to approve Change Order No. 1 for the Reshanau Lake Trunk Sewer Project. Second by Council Member Kuether. VOTING ON THE MOTION: Bisel Ei Bohjanen © Kuether Neal © Reinert Abstained: none Motion carried unanimously. ORDERING IMPROVEMENT, PHEASANT HILLS PRESERVE, PHASE II Mr. Dan Boxrud introduced Resolution No. 101 -91 to the council which would order the extension of improvements to Pheasant Hills Preserve, Phase II. Mr. Boxrud explained that in order to do this the council would have to direct staff to execute the appropriate change order and amendment to the development contract. PAGE 6 1 1 1 1 1 COUNCIL MEETING OCTOBER 14, 1991 Council Member Neal moved to pass Resolution No. 101 -91, with Council Member Bohjanen seconding the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: none Motion carried unanimously. RECEIVING REPORT AND SETTING THE PUBLIC HEARING FOR WARE ROAD IMPROVEMENTS Mr. Darrell Schneider explained that an informational meeting was held on June 26th with neighbors along Ware Road. At this meeting, Mr. Len Soukop asked about extending the Pineridge sanitary sewer line north to serve both sides of Ware Road. Mr. Soukop was given petition forms and was told to determine if there was enough interest to pursue this issue. Mr. Soukop returned with a petition signed by ten of the seventeen parcels in the area. Mr. Al Ross of Ware Road stated that he did not hear about the informational meeting that took place in June. Mr. Schneider apologized if any individuals had been missed, but explained that it was not a public hearing. The action needed to be taken by the council tonight was to accept the report and call for a public hearing to be held on November 12th at 7:00 P.M. At that time, the results of this report will be discussed with all affected residents. Mr. Neal added that some of these residents may have already left for Arizona. Council Member Bohjanen moved to approve Resolution 102 -91. Council Member Neal seconded the motion. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: none Motion carried unanimously. STATUS REPORT, ASH STREET Mr. Schneider explained to the council that a preliminary plan has been prepared for the improvement of a portion of Ash Street in 1992. The improvement will consist PAGE 7 136 137 COUNCIL MEETING OCTOBER 14, 1991 of four lanes, apx. 50 feet wide, with concrete curb and gutter and necessary storm sewer inlets. The improvement will be approximately 2 miles in length. The portion of the cost to Lino Lakes has not been determined, but is estimated to be around 520,000.00 for 4,000 feet of curb and gutter with storm sewer participation. Mr. Schneider informed the council that an informational meeting will be held at the Circle Pines City Hall on October 28th from 4:00 to 7:00 p.m. Affected property owners will be notified. This is prior to our next council meeting. No council action was necessary. RECEIVING A PETITION AND ORDERING REPORT FOR RICE LAKE DRIVE. Mr. Schneider informed the council that a Utility Improvement eetition signed by 12 property owners of the 21 parcels on this street segment has been received. Mr. Schneider stated that this is a rather simple project that could be planned for next year. Council Member Neal moved to approve Resolution No. 103 -91, with a second by Mr. Bohjanen. VOTING ON THE MOTION; Bisel Bohjanen © Kuether ❑ Neal © Reinert El Abstained: Council Member Kuether was not in the room. Motion carried SCHILLING INDUSTRIAL PARK Mr. Schumacher informed the council that he had met with Mr. and Mrs. Schilling on October 7th to discuss options regarding their industrial park. The Schillings would like the council to accept all lots in their park, or they will go to arbitration on the water tower lot. Mayor Bisel stated that he felt the council should have a plan in place regarding the industrial park area. He did not feel it was wise to have the council buying land for the purpose of holding on to it. Mr. Bohjanen agreed stating that we have not looked at the road system for this area. Council Member Reinert moved to table this issue until a work session in the near future. Mr. Neal seconded the motion. Motion passed unanimously. PAGE 8 1 1 1 COUNCIL MEETING OCTOBER 14, 1991 CABLE TELEVISION LAWSUIT Mr. Tesch explained to the council that the lawsuit that had been pending against the Cable Commission by Cable TV North Central was dismissed by Judge Renner declaring that there was no cause or controversy at this time. Mr. Tesch also said that the cable company may attempt to appeal but nothing has been heard at this time. The council had no questions. ELECTION JUDGES Mr. Schumacher presented a list of the election judges for the November 5th election. Motion to approve was made by Mr. Bohjanen, seconded by Mr. Neal. Motion passed unanimously. CONSIDERATION AND APPROVAL OF SEPTEMBER 23 COUNCIL MINUTES. A motion was made by Mr. Neal and seconded by Mr. Bohjanen to approve the minutes. VOTING ON THE MOTION: Bisel Bohjanen © Kuether Neal © Reinert Abstained: Kuether Motion carried. FIRE HALL DEDICATION Mr. Schumacher informed the council that construction on the new fire hall is essentially done, and the keys for the building will be turned over to the council on the 25th of October. After some discussion it was decided that a small dedication ceremony will be held on Friday the 25th of October at 10:00 A.M. Notices will be sent to the council members. Mr. Boxrud had one last item for the council to consider. Mr. Boxrud was informed by Mr. Erickson of Brandywood Estates that the berm that was planned for his property to screen Birch Street is not feasible to be built due to space limitations. Council Members Reinert & Kuether questioned whether more trees would help. Mr. Boxrud said that would not address the safety issue. Mr. Boxrud explained that they would like to build a seven (7) ft. fence. Council Member Kuether questioned who would maintain the fence. Mr. Boxrud said the property owners. Mr. Reinert was PAGE 9 139 COUNCIL MEETING OCTOBER 14, 1991 about noise and visual aspects. Mr. Boxrud said that he would work out a plan that would utilize trees and a fence. Mr. Miller also requested one last item, that being the setting of a public hearing to review the zoning ordinance. Motion was made by Council Member Kuether and seconded by Council Member Reinert. Motion carried unanimously. Motion to adjourn was made by Council Member Reinert and seconded by Council Member Kuether. Motion carried unanimously. Adjournment. These minutes were considered, corrected and approved at a regular Council meeting held on October 28, 1991. i7 Marilyn G. Anderson, Clerk - Treasurer Harold L. Bisel, Mayor PAGE 10 1 1 Council Member Neal7 introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 101 - 91 RESOLUTION ORDERING SEWER IMPROVEMENT FOR PHEASANT HILLS PRESERVE, PHASE II WHEREAS: a resolution of the City Council adopted the 26th day of August, 1991, fixed a date for a Council hearing on the proposed sewer improvement of Pheasant Hill Preserve, Phase II, WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 23rd of September, 1991, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS: the petitioner for the improvement has petitioned that fifty (50) of the sixty (60) days waiting period required in Section 8.04, Subd. 1 of Chapter 8 of the Lino Lakes City Charter, be reduced to ten (10) days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 26th day of August, 1991. Adopted by the Council this 14th day of October, 1991. i Harold L. Bisel, Mayor Marilyn 0. Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. 140 141 Council Member Bohjanen introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 102 - 91 RESOLUTION RECEIVING REPORT AND CALLING A HEARING ON THE INSTALLATION OF SANITARY SEWER AND MUNICIPAL WATER AND THE IMPROVEMENT OF WARE ROAD WHEREAS, pursuant to a resolution of the Council adopted on July 22, 1991 with reference to the improvement of Ware Road, and this report was received by the Council on October 14, 1991, NOW THEREFORE, E IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the installation of sanitary sewer and municipal water and the improvement of Ware Road in accordance with the report and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $464,794.73. 2. A public hearing shall be held on such proposed improvement on the 12th day of November, 1991 in the council chambers of the city hall at 7:00 P.M. and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 14th day of October, 1991. Harold L. Bisel, Mayor /' -\,L., 6:2 c-cc Marilyn G' 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: Neal, Kuether, Bisel, Reinert, Bohjanen. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 142 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 103 - 91 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - RICE LAKE DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the installation of sanitary sewer and municipal water on Rice Lake Drive, filed with the Council on October 14, 1991, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to Darrell Schneider, Toltz, King, Duvall, Anderson and Associates and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the.Council this 14th day of October, 1991. J (! t/ Harold L. Bise7, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor thereof: Neal, Bisel, Reinert, Bohjanen. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was declared duly passed and adopted.