Loading...
HomeMy WebLinkAbout02/10/1992 Council Minutes80 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES FEBRUARY 10, 1992 DATE TIME STARTED TIME ENDED • MEMBERS PRESENT: MEMBERS ABSENT : February 10, 1992 6:40 P.M. 7:40 P.M. Reinert, Neal, Kuether, Elliott None Staff members present: City Engineer, Darrell Schneider; City Attorney, Bill Hawkins; Public Works Director, Don Volk, Consulting Engineer's, Dan Boxrud and John Davidson; City Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Elliott seconded the motion. Motion carried with Council Member Kuether abstaining. ITEM DISPOSITION MINUTES: - Closed Session, August 25, 1991 - Council Work Session, January 22, 1992 - Closed Session, January 27, 1992 - Regular Council Meeting, January 27, 1992 DISBURSEMENTS: - January 31, 1992 - February 10, 1992 - Centennial Fire District CONSIDERATION AND APPROVAL OF EASEMENTS FROM HAROLD LEHMAN, RESHANAU TRUNK SEWER IMPROVEMENT REGULAR AGENDA OPEN MIKE Approved Approved Approved Approved Approved Approved Approved Approved Summary of Solid Waste Abatement Program, 1991 - Mr. Volk presented a brief summary of the 1991 program. He noted the amount of tonnage that was recycled by the City. In both 1990 and 1991, the City exceeded its goal considerably. In 1991, the City received a $5,000.00 bonus which is to be used for curb side PAGE 1 1 1 1 1 1 1 COUNCIL MEETING FEBRUARY 10, 1992 recycling. Mr. Volk also noted the success of both the spring and fall clean up days and the new program for chipping Christmas trees. He explain that the goal for 1992 is 537 tons of recyclable material. All residents are being asked to join and participate in the recycling programs. Mr. Volk credited the citizens of Lino Lakes for making the program work. Mr. Bohjanen, 8060 Lake Drive asked if there were new drivers on some of the recycling routes. He noted that his material had not been picked up for some time. Mr. Volk will check on this matter. Mayor Reinert asked about the goals for recycling. Mr. Volk explained that the state sets goals for the counties and the counties set the goals for each municipality. A negative response to the set goals means a reduction in funding. In 1991, Lino Lakes received $24,000.00 to implement its recycling plan. Mr. Volk explained that a recycling newsletter is currently being prepared. He noted that there may be problems in achieving goals without implementing some type of reward. He also explained that some of the articles picked up for recycling do not have any recyclable value. There is currently a glut of recyclable articles on the market. It now appears that each municipality may have to pay to have recyclable plastics hauled away. Mayor Reinert thanked Mr. Volk for his report. Introduction of Rice Creek Watershed District Advisory Board Representative, Reinhard Alexejew, 6110 Baldwin Lake Road - Mr. Alexjew introduced himself an..explained that he had just attended his first meeting. He is now in the learning process and the Advisory Board is working on setting goals for 1992. Mr. Alexejew gave a brief personal background about himself. He explained his interest in this field. He also noted that he will be keeping a "close eye" on allocation of dollars going to other communities from the RCWD. Mr. Alexejew will return at a later date and make another presentation to the Council. SECOND READING, ORDINANCE NO. 04 - 92 INCREASING THE NUMBER OF MEMBERS ON THE PARK BOARD FROM FIVE (5) TO SEVEN (7) The first reading of this ordinance was held January 27, 1992. No comments for or against the ordinance have been received. Mr. Schumacher noted that applicants for the four (4) vacant positions will be interviewed next week. Council Member Neal moved to approve the second reading of Ordinance No. 04 - 92. Council Member Elliott seconded the PAGE 2 81 82 COUNCIL MEETING FEBRUARY 10, 1992 motion. Motion carried unanimously. Ordinance No. 04 - 92 can be found at the end of these minutes. SECOND READING, ORDINANCE NO. 05 - 92 CHANGING THE NAME OF THE DESIGN REVIEW BOARD TO THE PLANNING AND ZONING BOARD AND INCREASING THE NUMBER OF MEMBERS FROM FIVE (5) TO SEVEN (7) The first reading of this ordinance was held on January 27, 1992. There have been no comments received for or against this ordinance. Council Member Elliott moved to approve the second reading of Ordinance No. 05 - 92. Council Member Kuether seconded the motion. Motion carried unanimously. Ordinance No. 05 - 92 can be found at the end of these minutes. ENGINEER'S REPORT, DARRELL SCHNEIDER Resolution No. 92 - 17 Receiving Report, Apollo Drive - Mr. Schneider explained that the City Council and Staff have discussed this improvement project several times in work sessions and staff meetings. The City Staff have had several meetings with MnDOT and the Anoka County Highway Department. The feasibility report summarizes discussions and findings on the project to date. The schedule proposed does not request the City to set a public hearing until the February 24, 1992 Council meeting. The purpose of presenting the report at this time is for allowing time for the Council to review the report. Council Member Neal moved to approve Resolution No. 92 17. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 17 can be found at the end of the minutes. Receive Report and Consider Options for Participating in the County Road J (Ash Street) Improvement - Mr. Schneider explained that he has received a great many telephone calls on this matter. He noted that the background on the improvement was included in the Council packet. The initial project will involve Ash Street beginning at Hodgson Road going west and ending at Royal Oaks Drive. A new bridge is scheduled for Rice Creek and will done as a separate project. Mr. Schneider noted that a complete list of residents was given to Anoka County and the County held one or two meetings with the residents in Circle Pines. It appears that some Lino Lakes residents were unintentionally not invited to the meeting. Mr. Schneider explained that the project is still changing. The PAGE 3 1 1 1 1 1 COUNCIL MEETING FEBRUARY 10, 1992 County is still receiving feedback from residents and have begun looking at the project differently, modifying some of the proposals. Residents were told that this matter would be brought to the Council this evening for discussion purposes only and a meeting with the residents will be held later. Mr. Schneider recommended holding an informational meeting on Thursday, February 27, 1992 from 4:00 P.M. to 7:00 P.M. There would be no set time for a presentation, each resident would be addressed on a one to one basis. Comment cards would be available so that all comments would become a written part of the project and passed on to the county. There were a number of questions from the audience. The residents did not identify themselves. The questions were: 1. Will flyers be sent to the residents? Yes, the meeting held in October was presented by the county and they did not notify all affected property owners. The City of Lino Lakes has not yet held any informational meetings. 2. A resident from Shoreview said that she had heard that the matter will be entirely settled on March 2, 1992. She asked why there cannot be joint meetings? Mayor Reinert explained that each municipality handles these types of matters differently and one city cannot speak for another city. 3. Will Jon Olson from Anoka County Highway Department be invited? Mr. Schneider explained that Mr. Olson will not be available, however, the County Engineer will be at the meeting. 4. A resident noted that the February 27, 1992 meeting does not leave enough time for a decision regarding the for preparation of an Environmental Assessment Worksheet. 5. Is there a date when the final decision will be made? Mr. Schneider explained that he was not aware of any final date. 6. There are many different people calling many different organizations and getting many different answers. This gentleman was told that the final decision will be made in about three weeks. Mr. Schneider explained that he will be checking to find answers to some of these questions and will have information on how the decision will be made and the timing of the project for the meeting scheduled for February 27, 1992. PAGE 4 83 84 COUNCIL MEETING FEBRUARY 10, 1992 Council Member Neal moved to set the open house for February 27, 1992 between 4:00 P.M. and 7:00 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT, BILL HAWKINS Consideration of Settlement Regarding Palumbo Litigation - Mr. Hawkins explained that this litigation concerns an assessment appeal of the 1988 Main Street Improvement. The original assessment of $943.11 was appealed by Mr. and Mrs. Palumbo. Now both the Palumbo's and the City have spent more than $943.00 on the litigation. Mr. Hawkins recommended that the matter be settled whereby the Palumbo's would pay one -half of the original assessment. This action would avoid a trial which would cost thousands of dollars for each party. Council Member Neal moved to accept the City Attorney's recommendation. Council Member Kuether seconded the motion. Motion carried unanimously. CONTINUATION OF THE PUBLIC HEARING, LINO LAKES ZONING ORDINANCE AMENDMENT NO. 15 - 91 Mr. Schumacher briefly explained the background on this matter. He noted that the Design Review Board has been working to update the zoning ordinance for almost a year. The update would make the ordinance more "friendly" and easier to understand. No design standards have been changed. It does include a number of codification changes. Mr. Schumacher recommended that the City Council continue this public hearing for another 30 days and give the public additional time to review the document. Council Member Kuether expressed concern regarding a public review of a 200 page document. She said she did not see that anyone would want to check out this document. Mr. Schumacher explained that Mr. Fred Chase had reviewed the entire document at the last work session. He had six (6) pages of notes that will be typed and made available to all who want to do the same review. Council Member Kuether moved to continue the public hearing until March 9, 1992. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 92 - 20 OPPOSING THE DETACHMENT OF CERTAIN PROPERTY IN LINO LAKES AND ANNEXATION OF SAME PROPERTY TO THE CITY OF CENTERVILLE PAGE 5 1 1 1 1 1 1 COUNCIL MEETING FEBRUARY 10, 1992 A letter was received from the State Municipal Board on January 20, 1992 stating that the Board had received a petition for detachment of property from Lino Lakes and annexation of same to the City of Centerville. Resolution No. 92 - 20 was prepared opposing the detachment and annexation. Mr. Schumacher explained that the City has spent a lot of money preparing an interchange study which addresses the development of the area as well as the extension of utilities to the area. Council Member Elliott moved to adopt Resolution No. 92 - 20. council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 92 - 20 can be found at the end of these minutes. OLD BUSINESS Ron Birch Litigation - Mr. Hawkins gave a brief background on this matter. He also explained that the Council had met briefly with the attorney (Mr. Thomas Radio) representing the City prior to this Council meeting. Mr. Radio has prepared the findings of fact for refusing to rezone the Birch property. These findings of fact, if adopted by the City Council will be included in the December 19, 1991 Council minutes. The findings of fact will serve as the basis for this City's actions on the Amelia Lake Estates litigation. Council Member Neal moved to adopt Resolution No. 92 - 21 outlining the findings of fact for not approving the rezone of Amelia Lake Estates. Mayor Reinert seconded the motion. Motion carried with Council Member Elliott abstaining and Council Member Kuether voting no. NEW BUSINESS Set Public Hearing for Community Development Block Grant For February 24, 1992, 7:30 P.M. Council Member Kuether moved to set this public hearing. Council Member Neal seconded the motion. Motion carried unanimously. FOR YOUR INFORMATION, Board of Review is Scheduled for Monday, April 6, 1992 - No action was required. Centennial School District Breakfast - Mr. Schumacher noted that either March 11, 1992 or March 25, 1992 has been set for a breakfast meeting with the Centennial School District. No specific agenda has been set. The consensus of the Council was to attend the March 25, 1992 breakfast at MarDee's Restaurant in Circle Pines. PAGE 6 85 86 COUNCIL MEETING FEBRUARY 10, 1992 Council Member Kuether moved to adjourn at 7:40 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected, and approved at a regular meeting of the Lino Lakes Council on February 24, 1992. arily Clerk- / ( ./r /h/1� 6?'t-) G. Anderson, reasurer Vernon F. Reinert, Mayor PAGE 7 1 1 Council Member Neal and moved its adoption: introduced the following ordinance CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 04 - 92 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY INCREASING THE NUMBER OF MEMBERS ON THE PARK BOARD FROM FIVE (5) TO SEVEN (7) MEMBERS The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby ordain: II. Appointment and Compensation of Members, Section 211.05 of the Lino Lakes City Code is hereby amended to read as follows: AMENDMENT: 211.05 APPOINTMENT AND COMPENSATION OF MEMBERS. The board shall consist of seven (7) members and they shall be appointed by a majority of the Council and shall receive a quarterly salary of $100.00 ($30.00 per meeting) with the chair of the board to receive an additional $20.00 consistent with the mayor /council relationship. II. Save as above amended, said City Code shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 10th of February , 1992. day 87 { 88 ORDINANCE NO. 04 — 92 PAGE —2— Vernon F. Reinert, Mayor Marilyni/G.'Anderson, Clerk- Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon the ordinance was declared duly passed and adopted. 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. 05 - 92 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY CHANGING THE NAME OF THE DESIGN REVIEW BOARD TO THE PLANNING AND ZONING BOARD AND INCREASING THE NUMBER OF MEMBERS ON THE PLANNING AND ZONING BOARD FROM FIVE (5) TO SEVEN (7) MEMBERS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Planning Commission Established and Membership Section 212.01 of the Lino lakes City Codes is amended to read as follows: AMENDMENT: 212.01 Planning and Zoning Board Established and Membership. A City planning board to be known as the Planning and Zoning Board is hereby established. The Planning and Zoning Board shall serve as the City's planning agency as defined by M.S. 462.354. Membership of the Planning and Zoning Board shall consist of seven (7) members who shall be appointed by the Mayor, with City Council approval, for three (3) year terms commencing on January 1st. Terms shall be staggered so that no more than one -half of the members' terms expire at one time. Both the original and successive appointees shall hold their respective offices until their successors are appointed and qualified. Vacancies during the term shall be filled in the same manner as the original appointments are made for the unexpired portion of the term vacated. Every appointed member shall before entering upon the discharge of his duties, have taken an oath that he will faithfully discharge the duties of his office. II. Save as above amended, said City Code shall stand as initially passed and as previously amended. 89 90 Ordinance No. 05 - 92 Page -2- This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the Council of the City of Lino Lakes this 10th day of February , 1992. Vernon F. Reinert, Mayor Ma i,ly 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: None. Whereupon the ordinance was declared duly passed and adopted. 1 1 1 1 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 17 RESOLUTION RECEIVING REPORT FOR APOLLO DRIVE IMPROVEMENT WHEREAS: pursuant to a resolution of the Council adopted on November 12, 1991, a report has been prepared by Darrell Schneider, City Engineer with reference to the improvement of Apollo Drive , and this report was received by the Council on February 10, 1992. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of the benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes 429 and Chapter 8 of the Lino Lakes City Charter at an estimated cost of $2,722,342.00. Adopted by the Council of the City of Lino Lakes this 10th day of February, 1992. Vernon F. Reinert, Mayor /11 // ; a Marilyn G.' Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Neal. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 91 92 Council Member Elliott introduced the following resolution and moved its adoption" CITY OF LINO LAKES RESOLUTION NO. 92 — 20 RESOLUTION OPPOSING DETACHMENT OF CERTAIN PROPERTY FROM LINO LAKES AND ANNEXATION BY THE CITY OF CENTERVILLE WHEREAS: a certain petition has been filed with the Minnesota Municipal Board requesting detachment of certain property from the City of Lino Lakes and annexation of the same property to the City of Centerville; (see attached map for location) WHEREAS: this property is zoned Light Industrial (LI) and is located within the MUSA boundary; WHEREAS: the property was included in the 1991 Interchange Study, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: that the City Council of the City of Lino Lakes hereby declares its opposition to the proposed detachment of certain property from the City of Lino Lakes and annexation by the City of Centerville. Adopted by the City Council of the City of Lino Lakes this 10th day of February, 1992. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk - Treasurer The motion for the adoption of the resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott. The following voted against same: None. Whereupon said resolution was declared duly passed and adopted. 1 1 1 9 CITY O F L I N O LAKES O F 1 1 1 4 0 L A K E S w tf) 1 • PROPOSED AREA TO ANNEXED TO THE CITY OF CENTERVII l E C I T Y 1 94 CITY OF LINO LAKES Resolution No. 92 - 21 Resolution Denying Application DRB #91 -22 for Rezoning of Property for Amelia Lake Estates, Ordinance No. 10 -91 BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: FINDINGS OF FACTS 1. That the City has received an application for the rezoning of property known as Amelia Lake Estates from Rural Executive (R -X) to Planned Unit Development (R -5). 2. The property is currently zoned Rural Executive (R -X). 3. The 1990 Comprehensive Plan shows the land being reserved for future low density residential use. 4. The City Zoning Ordinances do not permit a rezoning to Planned Unit Development (R -5) that would increase the existing density, which would be the result in this case. 5. The rezoning of this property to R -5 would constitute illegal spot zoning. 6. There would be an adverse impact on the neighborhood through environmental degradation, increased density, and development not in character with the rest of the neighborhood. 7. There are significant environmental concerns regarding the impact of this proposed development. 8. The property owners are not denied reasonable use of their property by having it remain in the R -X zoning classification. CONCLUSIONS 1. The City Council of Lino Lakes concludes that the current zoning of the property as R -X is appropriate to protect the health, safety, and welfare of the community, and that there is no reason to change the current zoning. 1 2. The City Council concludes that the application for rezoning should be denied. Adopted by the Council this 10th day of February, 1992 Vern Reinert, Mayor J MI:(a2/r)ly A Clerk-Treasurer rk - Treasurer