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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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