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HomeMy WebLinkAbout06/08/1992 Council Minutesw 62 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES 8 JUNE 1992 EMBERS PRESENT f ei�n. Bergeson EMBERS ABSENT .. None Staff Members Present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; City Engineer; Darrell Schneider; and Assistant to the City Administrator, Daniel Tesch. The following items were added to the agenda: Regular Agenda No. 8D, Council Member Neal asked that documents missing from city hall be added. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda. Council Member Elliott seconded the motion. Motion carried. REGULAR AGENDA OPEN MIKE There was no one to speak under Open Mike. ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 92 -71 Ordering the Improvement and the Preparation of Plans and Specifications for Shores of Marshan Lake - Mr. Schneider reiterated the motion. Council Member Elliott moved to approve Resolution No. 92 -71 ordering the improvement and plans and specifications for Shores of Marshan Lake. Motion PAGE 1 1 1 1 1 1 1 COUNCIL MEETING 8 JUNE 1992 carried. Consideration of Resolution No. 92 -72 Ordering the Improvement of Brandywood Estates, Second Addition - Mr. Schneider explained that the petitioner had waived 50 of the 60 day waiting period. Council Member Kuether moved to approve Resolution 92 -72. Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Final Plat with Variances, Brandywood Estates, Second Addition - Mr. Schneider explained that the developer had worked ahead of himself on this project and a couple of one and two foot easements were necessary. Council Member Elliott moved to approve the final plat with variances. Council Member Kuether seconded the motion. Council Member Kuether asked Mr. Schneider if all the lots still met square footage requirements. Mr. Schneider responded that they did. Motion carried unanimously. Consideration of Resolution No. 92 -74, Approving Plans and Specifications and Advertise for Bids for July 8, 1992, 10:00 A.M., Award Bid July 13, 1992, Brandywood Estates, Second Addition - A motion was made by Council Member Bergeson to approve the plans and specifications and advertise for bids for this project. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Approving Plans and Specifications for Birch Street Underpass, Advertise for Bids for July 8, 1992, 10:15 A.M., Award Bid July 13, 1992 - Mr. Schneider explained that the costs for this project would be shared by the Park Board and the Centennial School District. Mr. Schneider explained that this was a tunnel that goes underneath Birch Street at the new elementary school. Council Member Kuether questioned the safety of a tunnel and whether it was lighted. Mr. Schneider responded that it was not lighted, but could easily be retro- fitted. The Council shared their security concerns. Council Member Neal questioned whether there would be a sidewalk leading to the tunnel. Mr. Schneider responded that it would be connected to our trail system. Mr. Schneider explained that our cost of the $64,000.00 project would be $32,000.00. Council Member Kuether requested a copy of the plans and specifications. Council Member Kuether moved to approve the plans and specifications and advertise for bids. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 92 -75, Need for an Environmental Impact Statement (EIS) for Apollo Drive - Mr. Schneider recommended that no EIS be ordered as none of the other agencies involved have requested that one be performed. Council Member Bergeson moved to approve Resolution No. 92 -75. Council Member Neal seconded the motion. Motion carried unanimously. PAGE 2 63 64 COUNCIL MEETING 8 JUNE 1992 6:45 P.M. Public Hearing, Consideration of Repealing Appendix B of the Lino Lakes City Code, Zoning Ordinance and Enacting a New Zoning Ordinance, Appendix B -1 to the Lino Lakes City Code - Mayor Reinert opened the public hearing at 7:10 P.M. Mr. Schneider explained that due to the time consuming and costly nature of retyping the entire Zoning Ordinance, it has been recommended that the Council repeal Appendix B of the Code, and replace it with the new zoning document. This was a procedural device for publication purposes. Council Member Bergeson was concerned that the summary printed in the paper be of sufficient detail. Mr. Hawkins stated that a summary ordinance would be brought to the Council for their consideration prior to publication. The Council would have to accept the summary unanimously. Coy 'jncil Member Kuether moved to close the public hearing at 7:12 P.M. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Neal moved to approved the repealing of Appendix B of the City Code (Ordinance 11 -92), and Enact Appendix B -1 (Ordinance 12 -92). Council Member Bergeson seconded the motion. Motion carried unanimously. Consideration of Resolution 92 -73 Regarding Issuance of Burning Permits - Mr. Schumacher explained that this resolution designated the Fire Chief, Fire Marshal, and Assistant Fire Marshal to distribute burning permits. Council Member Kuether moved to approve Resolution 92 -73. Council Member Neal seconded the motion. Motion carried unanimously. Second Reading, Ordinance No. 10 -92, Connection to Water Utility Required - Mr. Schneider explained that this was the second reading of this ordinance that required properties adjacent to existing water systems to hook up upon failure of their well system. Council Member Kuether moved to approve the second reading of Ordinance No. 10 -92. Council Member Elliott seconded the motion. Motion carried unanimously. Attorney's Report - Mr. Hawkins stated that he had no report. Concept Endorsement, Golf Course, Al Robinson Property - Mr. Schumacher explained that Mr. Robinson had been requested to take his plan for a golf course to be located on his property to the Park Board prior to the Council making any endorsements of the plan. Mr. Schumacher felt it was important that this a golf course fit into future plans of the Park Board. The Park Board stated that they had no problem with Mr. Robinson establishing a golf course in this portion of the city. Council Member Bergeson moved that the Council endorse Mr. Robinson's plan to build a golf course on the aforementioned property. Council Member Kuether seconded the motion. Council Member Neal questioned whether this now had to go PAGE 3 1 1 1 1 1 1 COUNCIL MEETING 8 JUNE 1992 to the Planning and Zoning Board. Mr. Schumacher stated that site and plan review would be necessary, and that Mr. Robinson is in the process of obtaining the necessary permits from the DNR. Mr. Robinson responded that he had no idea how long the process that would take when questioned by Council Member Neal. Motion carried unanimously. Public Hearing Set for June 22, 1992, Baldwin Lake Court Request for Rezone - The Council was reminded that a public hearing will be held at the Council level for Mr. and Mrs. Paul Howard's rezone request. The Council will be holding this public hearing due to the time expended by the Council to this point. Council Member Kuether reminded the Council that there would be two members absent that evening, and felt it was important that all members be present. Mr. Schumacher stated that we would open and continue the public hearing. Establishing Economic Development Authority Advisory Board Terms - Mr. Schumacher has recommended that this advisory board be structured along the same lines as the rest of our boards. In keeping with that philosophy, Mr. Schumacher would like the Council to consider three (3) year terms for these members. Council Member Kuether stated that she believed it would be best if these members served without a term limit. Mayor Reinert added that this was not a board that is required by code, and therefore some structure would be useful. Council Member Neal moved to have three year terms placed on the EDAAB members, and that a member be automatically removed if they miss three consecutive meetings. Council Member Elliott seconded the motion. Upon discussion, Council Member Bergeson moved to amend Mr. Neal's motion striking the attendance clause. Council Member Kuether seconded the amended motion. Motion carried with Council Member Neal voting no. Annual Liquor License Renewal - Mr. Schumacher informed the Council that Chief Campbell had preformed his check on these establishments and found no evidence that their renewals should be denied. Mrs. Anderson is still waiting for information from Shirley K's (unpaid property taxes and sewer and water bills) and Lee's of Lino (certificate of insurance and unpaid taxes). Council Member Neal moved to approve the liquor license renewals with the approval for Shirley K's and Lee's of Lino contingent upon received the aforementioned documentation. Second by Council Member Elliott, motion carried. Consideration of Ratifying Request for Reimbursement of Presidential Primary Expenses - The Council requested Mrs. Anderson forward her request to Anoka County to receive reimbursement for the Presidential Primary. Annual League of Minnesota Cities Conference - Mr. Schumacher reminded the Council that the League of Minnesota Cities Conference would be held June 9th PAGE 4 b5 66 COUNCIL MEETING 8 JUNE 1992 through the 12th. Documents Missing from City Hall - Mr. Neal stated that there were certain documents missing from City Hall, and moved that a letter be sent to the former planner and request their return. Council Member Elliott seconded the motion, motion carried. Council Member Kuether moved to adjourn at 7:55 P.M. Council Member Neal seconded the motion. Aye These minutes were considered, corrected and approved at a regular Council meeting held on June 22, 1992 Maril G Anderson Clerk- Treasurer Vernon F. Reinert Mayor PAGE 5 1 1 1 1 Council Member Kuether and moved its adoption: introduced the following ordinance CITY OF LINO LAKES ORDINANCE NO. 10 -92 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDMENT TO SECTION 401.01, CONNECTIONS WITH WATER REQUIRED The City Council of the City of Lino Lakes ordains: Section la shall be added, Connections with Water Required. Section 401.01 of the Lino Lakes City Code is amended by adding the following: Section 401.O1a. Any buildings used for human habitation or for human occupancy, including all business buildings, unless specifically exempted by the Council on the grounds that no human beings occupy or use such buildings and no human needs are generated therein, located on property adjacent to a water main, or in a block through which the water extends, shall be required to petition for water service and to connect thereto when their present on -site water system fails. The owner of such property shall pay all assessments for water in accordance with Lino Lakes assessment policies. No permits will be granted for reconstruction of existing on -site systems when City water service is available to such property. Agricultural buildings hereafter constructed within the City on property adjacent to a water main or in a block through which the water system extends, shall be provided with a connection to the municipal water system for all human needs. If sewer service is also available to that property, a petition for and a connection to the sewer system shall also be required and the owner of such property shall pay all assessments in accordance with Lino Lakes assessment policies. Save as above amended, said City Code shall stand as initially passed and as previously amended. 67 68 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 8th day of :Tuna.. , 1992 Vernon F. Reinhert, Mayor ATTEST: Marilyn 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, Bergeson. The following voted against same: none. Whereupon the ordinance was declared duly passed and adopted. REF:DS26.mkw 1 1 1 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 71 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR SHORES OF MARSHAN LAKE WHEREAS: a resolution of the City Council adopted the 13th day of April, 1992, fixed a date for a Council hearing on the following described improvement: SHORES OF MARSHAN LAKE WHEREAS: published and mailed notice of the hearing as required by the Lino Lakes City Charter was given and a hearing was held thereon on the 26th day of May, 1992, 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. The improvement is hereby ordered as proposed in the Council resolution adopted the 13th day of April, 1992. 2. Darrell Schneider is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 8th day of June, 1992. Vernon F. Reinert, Mayor MtiilynjG. Anderson, Clerk- Treasurer 69 70 Resolution No. 92 - 71 Page -2- 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, Elliott, Bergeson. The following voted against same: None. Where upon said resolution was declared duly passed and adopted. 1 1 1 1 1 1 Council Member Kuether introduced the following Resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 72 RESOLUTION ORDERING IMPROVEMENT OF BRANDYWOOD ESTATES, SECOND ADDITION WHEREAS: a resolution of the City Council adopted the 13th day of April, 1992, fixed a date for a Council hearing on the proposed improvement of Brandywood Estates, Second Addition, WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 26th day of May, 1992, 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 13th day of April, 1992. Adopted by the Council this 8th day of June, 1992. Vernon F..�,Reinert, Mayor i r ,'l �, ) ( i7 , t , 7 Marilyn Q. Anderson, Clerk - Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. 71 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 73 RESOLUTION REGARDING ISSUANCE OF BURNING PERMITS WHEREAS: City Ordinance requires a burning permit for certain types of open burning; and WHEREAS: the Minnesota Pollution Control Agency requires each city to name the individuals who are authorized to issue burning permits; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Centennial Fire Chief Milo Bennett, Centennial Fire Marshal June Rodriguez, Assistant Centennial Fire Marshal's Mike Broker and Randy Lauderbaugh be designated as the City Fire Marshals for the issuance of burning permits in the City of Lino Lakes. Adopted by the Lino Lakes City Council this 8th day of June, 1992. Mar lyn Vernon F. Reinert, Mayor Anderson, Clerk - Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 74 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR BRANDYWOOD ESTATES, SECOND ADDITION WHEREAS: pursuant to a resolution passed by the Council on May 26, 1992, the City Engineer has prepared plans and specifications for the elevated water storage improvement 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 for 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 Wednesday, July 8, 1992 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, July 13, 1992 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 PAGE 1 73 74 RESOLUTION NO. 92 - 74 PAGE -2- 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) per cent of the amount of such bid. Adopted by the Lino Lakes City Council this 8th day of June, 1992. Vernon F. Reinert, Mayor MarIilyh . Anderson, Clerk- Treasurer The motion for the adoption of the foregoing resolution wad duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Neal, Kuether, Reinert, Elliott, Bergeson. The following voted against same: none. Where upon said resolution was declared duly passed and adopted. PAGE 2 1 1 1 75 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92- 75 RESOLUTION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR THE APOLLO DRIVE IMPROVEMENT PROJECT WHEREAS, pursuant to a resolution of the Council adopted on February 24, 1992 with reference to the Apollo Drive Improvement, an Environmental Assessment Worksheet was received by the Council on March 23, 1992; and WHEREAS, the Environmental Assessment Worksheet was made available for public comment as per Minnesota Statutes; and WHEREAS, the 30-day comment period has expired; and WHEREAS, the City received the attached comments, none of which recommended that an Environmental Impact Statement be prepared; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that after reviewing the comments from the responding agencies and by its determination considering the requirements in Minnesota Statutes regarding the decision on the need for an Environmental Impact Statement, make a negative declaration that an Environmental Impact Statement is not required. BE IT FURTHER RESOLVED that notice of this negative declaration be sent to all persons on the EAW distribution list, any persons who commented, and to anyone who has requested notification. Adopted June 8, ATTEST: of Marilyn G. Anderson Clerk- Treasurer ,1992 Vernon F. Reinert, Mayor The motion for adoption of the foregoing resolution was Member Neal and upon vote following voted in favor thereof: Neal, Kuether, Reinert, duly seconded by Council being taken thereon, the Elliott, Bergeson. The following voted against same: None. 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 Council on June 8 , 1992. Marilyn G. Anderson, Clerk- Treasurer