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HomeMy WebLinkAbout08/10/1992 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES AUGUST 10, 1992 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Engineer, Dan Boxrud; Consulting City Planner, Allan Brixius; Public Works Director, Don Volk; Planning Administrator, Mary Kay Wyland; City Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson. There were no additions or corrections to the agenda. CONSENT AGENDA Council Member Elliott moved to approve the consent agenda as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Council Work Session, July 8, 1992 Approved Council Work Session, July 22, 1992 Approved Regular Council Meeting, July 27, 1992 Approved DISBURSEMENTS: July 30, 1992 Approved August 10, 1992 Approved Centennial Fire Department Approved REGULAR AGENDA OPEN MIKE Mr. Arnie Entzel, 6632 Pelican Place asked the City Council to not approve a list of election judge candidates submitted to them by the City Clerk. He asked if the judges were nominated by their political party? Mr. Entzel named three (3) candidates PAGE 1 177 178 COUNCIL MEETING AUGUST 10, 1992 from the list and questioned whether they were really affiliated with the party they were listed as representing. Mayor Reinert asked the City Clerk to explain the procedure for hiring election judges. Mrs. Anderson explained and noted that the candidates do not have to be registered Democrats or Independent Republicans. She noted that both political parties are required to supply a list of election judge candidates to her. However, if no names are submitted and additional judges are needed, she advertises the vacancies in the local newspaper. Candidates submit letters of application to her and list their political party choice. Mrs. Anderson noted that some judges do change political parties as do some elected officials and political candidates. Mr. Entzel said he felt that this was a strange way to select election judges. He also said it was strange that they might jump back and forth between political parties. Mayor Reinert explained that Mr. Bisel's name is on the list of candidates and he was aware that at one time Mr. Bisel was an independent. However, Mr. Bisel did have the right to choose a particular political party. Mayor Reinert asked the Clerk to explain how ballots are handled to make them tamper proof. Mrs. Anderson explained. Mr. Al Ross, 6356 Ware Road also said that Mr. Bisel had told him he was an independent. Council Member Bergeson said that since his wife is a candidate for election judge and her affiliation had been questioned he would explain. Mrs. Bergeson has been affiliated with the Democratic party. However, when Mrs. Bergeson's friend, a Republican, ran for a political office Mrs. Bergeson did help in her campaign. Mrs. Bergeson remains affiliated with the Democratic party. Mrs. Anderson read a prepared statement regarding the selection of election judges so that the City Council and audience would be more familiar with the process. She noted that she has received an application for election judge trainee from Jennifer Elsenpeter. Miss Elsenpeter has met all the requirements for this position. Mrs. Anderson recommended that Miss Elsenpeter's name be added to the list of election judges. Council Member Kuether moved to accept the list of election judges as presented and add Miss Jennifer Elsenpeter to the list. Council Member Elliott seconded the motion. Motion carried with Council Member Bergeson abstaining. Council Member Bergeson explained that since his wife's name is on the list, he would not PAGE 2 1 1 1 COUNCIL MEETING vote. Mayor Reinert noted that there is still opportunity to add more names to the list of election judges. A letter should be submitted to the Clerk with the necessary information. AUGUST 10, 1992 ENGINEER'S REPORT Consideration of Resolution No. 92 - 94, Awarding Bid for Birch Street Underpass - Mr. Schneider gave a brief background on this matter. He noted that bids had previously been received for this improvement and rejected by the City Council because the bids were much higher than had been anticipated. The project was revised, plans and specifications were completed and the project was rebid. Bids were received and a low bid of $89,255.80 was received from one (1) of the previous bidders. Mr. Schneider explained that this bid is 6 1/2% above the estimate, however it is not expected that the bid price could be further reduced by rebidding. The total cost of the project is expected to be $104,125.80. A detailed explanation of this cost as well as fund sources was given to the City Council. Birch Street will be closed on September 8, 1992 when construction begins. This will allow students to cross Birch Street to the new school without being exposed to traffic. The school district has devised a method of getting bus traffic to the school without significant impact. Mr. Boxrud explained the detour of Birch Street. He also noted that he has been working with the appropriate people at the school district and they feel that the low bid is acceptable. Mr. Schumacher has prepared a letter to the school district outlining the cost figures and asking the school district to sign this letter indicating their intention to pay their portion of the costs and accepting the responsibility for the safety and maintenance concerns. Mr. Schneider recommended that the City Council accept the low bid of $89,225.80 from Landwehr Heavy Moving, Inc. He has checked references for Landwehr and found them acceptable. Council Member Bergeson moved to adopt Resolution No. 92 - 94 awarding the bid to Landwehr Heavy Moving, Inc. for $89,225.80 as recommended by the City Engineer. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 92 - 94 can be found at the end of these minutes. Consideration of a Street Overlay Program, OSM - Mr. Schneider PAGE 3 179 180 COUNCIL MEETING AUGUST 10, 1992 explained that the City Council has authorized the preparation of plans and specifications for the 1992 Street Wear Course Project. Mr. Brian Bourassa, OSM explained that after review it was decided to divide the project into two (2) projects for bidding. This would allow the bidding to proceed faster and to facilitate construction this season. Mr. Bourassa outlined the two (2) projects and explained the costs. He also noted that in all subdivisions except, Sunnygate, funding for this improvement has already been assessed to the project. The developer of Sunnygate had already found a company to install their wear course, however, they asked to be included in the bidding to see if a better price could be obtained. If Sunnygate does accept the bid obtained by the City, arrangements will be made for payment of the work in cash. Mr. Schneider recommended that the City Council accept plans and specifications and authorize the advertisement for bids for both projects. Council Member Elliott moved to accept the plans and specifications and authorize the advertisement for bids for both projects. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF PUBLISHING SUMMARY FOR NEW ZONING ORDINANCE Ms. Wyland explained that a table of contents, accessory building chart and a brief summary of major changes in the code has been prepared for publication. She was asked to include in the publication that a complete copy of the ordinance is available at city hall for review. Council Member Bergeson said that these items meets his requirements for an adequate publication. He also noted that Ms. Wyland did an excellent job preparing this material. Council Member Bergeson moved to accept the summary, accessory building chart and table of contents to be published in the legal newspaper. Council Member Kuether seconded the motion. Motion carried unanimously. PUBLIC HEARING, VACATION OF UTILITY EASEMENT, RESOLUTION NO. 92 - 95, RESHANAU TRUNK, RESHANAU LAKE ESTATES Mr. Schneider explained that a lift station and force main were previously constructed to provide sanitary sewer for Reshanau Lake Estates. The construction of the Reshanau Lake Trunk has replaced this lift station with a gravity sewer line. The gravity line is now in use and the Fawn Lake lift station has PAGE 4 1 1 1 1 1 COUNCIL MEETING AUGUST 10, 1992 been shut down. There is no further need for the force main to service this lift station. The developer of Birchwood Acres has requested that the easement, which crosses.; Birchwood Acres, be vacated so that the lots in the subdivision will be free from encumbrance. Mayor Reinert opened the public hearing at 7:12 P.M. Mr. Mark Steinmueller, 6474 Fawn Lane noted that the current gravity line was constructed across his lot. He asked if this vacation means that work has been completed on the gravity line and the contractor obligation in this matter is relieved. Mr. Schneider explained that this vacation has nothing to do with the gravity line. The vacation involves only vacating a portion of force main and showed Mr. Steinmueller the location on a map. This matter has nothing to do with the Reshanau Trunk Sewer contractor. Council Member Elliott moved to close the public hearing at 7:15 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Kuether moved to adopt Resolution No. 92 - 95 vacating a utility easement in the Birch Wood Acres subdivision. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 92 - 95 can be found at the end of these minutes. CONSIDERATION OF LIGHTING FOR LINO PARK AND COUNTRY LAKES PARK Mr. Volk explained that at the June Park Board meeting, staff was requested to obtain quotations for electrical service for the Lino Park ice rink and Country Lakes Park. The low quote of $11,718.00 was accepted by the Park Board. The Park Board has recommended that the City Council authorize this expenditure from the Dedicated Park Fund. Council Member Kuether asked if County Lakes Park was used very much. Mr. Volk said not at this time, however, the City is obligated to make certain improvements according to the conditions listed in the grant for the initial construction of the park. Once the facilities are there, it is expected that the use will increase, especially for ice skating. Council Member Elliott moved to authorize the use of Dedicated Park Funds for the lighting needs at Lino Park and Country Lakes Park in the amount of $11,718.00. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 5 181 182 COUNCIL MEETING AUGUST 10, 1992 SECOND READING, ORDINANCE NO. 15 - 92, ADOPTION OF OFFICIAL ZONING MAP TO REFLECT COMPREHENSIVE PLAN AND ZONING TEXT AMENDMENTS The first reading of Ordinance No. 15 - 92 was held on July 13, 1992. At that time the City Council requested that a map be prepared and sent to the City Council for their review as well as a narrative of changes. A map has been completed and given to the City Council as well as a narrative of text changes. Earlier this evening, the City Council approved the new zoning ordinance summary for publication. With the publication of the summary, the new zoning ordinance will be in place. With the adoption of the second reading of Ordinance No. 15 - 92, the new zoning map can be published at the same time as the zoning ordinance summary. Thirty days following these publications, the new Lino Lakes zoning ordinance and zoning map will be officially in place. Mr. Brixius reviewed briefly the changes in the zoning map for the City Council. He noted that the changes are generally consistent with the recently adopted Comprehensive Plan Amendments, the past rezoning actions of the City Council and with the newly adopted zoning ordinance. Council Member Bergeson noted that the zoning on the new subdivision Shores of Marshan Lake is incorrect. This will be corrected on the final draft of the map. Council Member Elliott moved to adopt the second reading of Ordinance No. 15 - 92 including the correction for the Shores of Marshan Lake. Council Member Bergeson seconded the motion. Motion carried unanimously. Ordinance No. 15 - 92 can be found at the end of these minutes. ATTORNEY'S REPORT Mr. Hawkins did not have a report. OLD BIISINESS There was no Old Business. NEW BIISINESS Consideration of a Beer License for the Circle Lex -Lions Club for Sandburr Days, September 12, and 13, 1992 - Sandburr Days is an annual event held in Sunrise Park by the Circle Lex -Lions Club. They are requesting a beer license for this event. The Chief of PAGE 6 1 1 1 1 1 1 COUNCIL MEETING AUGUST 10, 1992 Police has reviewed the request and has noted that there have been no problems with this event. A certificate of insurance naming the City as co- insured has been received. Council Member Kuether moved to approve the beer license. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of a Cabaret License for the Circle Lex -Lions Club for Sandburr Days, September 12, and 13, 1992 - The Circle Lex - Lions Club has requested a cabaret license for Sandburr Days because a beer license has been requested and granted by the City Council. The Circle Lex -Lions Club will provide a detailed plan for Sandbur Days events later in August when all events have been planned. This plan will be submitted to the Chief of Police. Council Member Kuether moved to approve the cabaret license for the Circle Lex -Lions Club. Council Member Elliott seconded the motion. Motion carried unanimously. Consideration of Resolution N. 92 - 96 Setting a Public Hearing on Plan For TIF No. 1 - 5 for September 28, 1992, 7:30 P.M. - This TIF Plan is specifically for the area west of St. Joseph Catholic Church that is planned for senior housing. This resolution will set the public hearing date only. Council Member Elliott moved to adopt Resolution No. 92 - 96. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 92 - 96 can be found at the end of these minutes. Council Member Elliott moved to adjourn at 7:28 P.M. Council Member Kuether seconded the motion. Aye. ilyn G. Anderson, Clerk- Treasurer Mayor Vernon F. Reinert, PAGE 7 183 • 184 Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 — 94 RESOLUTION ACCEPTING BIDS FOR THE BIRCH STREET PEDESTRIAN UNDERPASS WHEREAS: pursuant to an advertisement for bids for the Birch Street Pedestrian Underpass, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: NAME & ADDRESS AMOUNT OF BID Landwehr Heavy Moving, Inc. $ 89,225.80 P. O. Box 1086 St. Cloud, Minnesota 56302 RO -SO Contracting, Inc. $103,220.00 7137 - 20th Avenue Centerville, Minnesota 55038 Ford Construction Company, Inc. $116,519.00 P. O. Box 667 Excelsior, Minnesota 55331 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and the Clerk are hereby authorized and directed to enter into the attached contract with Landwehr Heavy Moving, Inc., P. O. Box 1086, St. Cloud, Minnesota in the name of the City for the Birch Street Pedestrian Underpass according to plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 10th day of August, 1992. 1 1 1 RESOLUTION NO. 92 - 94 Page -2 Marilyn A derson, Clerk- Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott, Bergeson. The following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared duly passed. 186 Council Member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 92 - 95 RESOLUTION VACATING A FORCE MAIN UTILITY EASEMENT TO THE RESHANAU LAKE ESTATES LIFT STATION WHEREAS, A lift station had been constructed in the Reshanau Lake Estates subdivision to service the area south of Birch Street, and WHEREAS, A forced main utility pipe had been constructed from this lift station west through Birch Wood Acres and Shenandoah, Third Addition to the Shenandoah Lift Station at Birch Street and Totem Trail, and WHEREAS, A trunk gravity main utility pipe has been constructed to service the area south of Birch Street including Reshanau Lake Estates and Birch Wood Acres, and WHEREAS, There is no further use for the lift station in Reshanau Lakes Estates or the force main utility pipe line from the lift station to the trunk gravity main in the Birch Wood Estates subdivision, and WHEREAS, It appears that it will be for the best interest of the City to vacate such portion of utility easement, NOW THEREFORE, BE IT RESOLVED, that the portion of utility easement described in Exhibit A and as shown on the attached map is hereby vacated . Adopted by the Council of the City of Lino Lakes this 10th day of August, 1992. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk- Treasurer The motion for the adoption seconded by Council Member thereon, the following voted Elliott, Bergeson The following voted against absent. of the foregoing resolution was duly Bergeson and upon vote being taken in favor thereof: Kuether, Reinert, same: none, Council Member Neal was Whereupon said resolution was declared duly passed and adopted. 1 EXHIBIT A A permanent easement for utility purposes over the following described land: Ten feet on each side of the following described line: Beginning at the northwest corner of Lot 4, Block 3, Reshanau Lake Estates, thence in a westerly direction parallel to and 325 feet south of the centerline of Birch Street, a distance of 183 feet; thence in a northerly direction parallel to and 183 feet west of the west boundary of Reshanau Lake Estates to a point of intersection with a line parallel to and 253 feet south of the centerline of Birch Street; thence in a westerly direction along a line parallel to and 253 feet south of the centerline of Birch Street to ".a point of intersection with a line 23 feet west of the extended centerline of Seventh Avenue; thence in a southerly direction along a line 23 feet west and parallel to the extended centerline of Seventh Avenue to a point of intersection with a line 23 feet south of the extended centerline of Chippewa Trail; thence in a westerly direction along a line 23 feet south of the extended centerline of Chippewa Trail to a point of intersection with the west boundary line of Shenandoah Second Addition and there terminating. Said tract containing 0.77 acres more or less. A temporary easement for construction purposes to expire November 1, 1988 over the following land: Twenty -five (25) feet in width lying Northerly and Westerly and Fifty (50) feet in width lying Southerly and Easterly of the above described line. NOTICE IS HEREBY GIVEN That the City of Lino Lakes, County of Anoka, State of Minnesota, has accepted on 10 -05 -87 1987, the above described easement in this document. Dated: 10 -7 -87 (SEAL) , 1987 CITY OF LINO LAKES Mal-,ilvn Anderson, Clerk 187 KE EVE.99911911? • =LW: 3 OM .MMCGCLIESM Meatir746Q,'414=t 4144:97;"9",..64,6thall rearz•z::: ont..ms=1/11111 Aar.. s I as Arl111111111PUMIII„B1-919; araaramname EJLITTVIattiWir ICILIVOF,L-s"Lit 79:r :24 ME ■•■IrTAII.Losi VIM • ;&;:: 1' 12 .772 . 0 , 1 1 1 Member Elliott adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 92 - 96 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 -5 WHEREAS, on January 26, 1987 the City of Lino Lakes (City) established a city development district pursuant Minnesota Statutes, Sections 469.124 through 469.134 (Development District No. 1) to promote development and redevelopment within an area of the City which has not been developed to its full potential; and WHEREAS, the City has previously established four tax increment financing districts within Development District No. 1 to assist specific projects which would not have occurred without public assistance; and WHEREAS, responsibility for development activities generally and for Development District No. 1 specifically been transferred from the City to the Lino Lakes Economic Development Authority (EDA), pursuant to Minnesota Statutes, Sections 469.090 through 469.108; and WHEREAS, the EDA wishes to establish Tax Increment Financing District No. 1 -5 (TIF No. 1 -5) within Development District No. 1 in order to assist another project which would not have occurred without assistance preparation of a Plan for TIF No. 1 -5. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Lino Lakes, Minnesota as follows: The city council shall hold a public hearing on the Plan on September 28, 1992, starting at 7:30 p.m. in the council chambers at city hall. and has authorized 1. RHB39639 LN140 -25 189 190 2. The clerk- treasurer is authorized and directed to prepare a notice of the public hearing and cause the notice to be published in the official newspaper at least 10 but not more than 30 days prior to the public hearing. 3. The clerk - treasurer is authorized and directed to transmit a copy of the Plan to the county and school district with a notice of the time and place of the public hearing to be held before the city council. 4. The clerk- treasurer is also authorized and directed to submit a copy of the Plan to the planning commission for review for its consistency with the plans for development of the City as a whole. 5. The staff and consultants are authorized and directed to take any and all other steps reasonably necessary in order to accomplish these purposes. Dated: August 10 ATTEST: , 1992. Marilyn G. derson, Clerk- Treasurer Vernon F. Reisert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kuether and upon vote being taken thereon, the following voted in favor thereof: Kuether, Reinert, Elliott, Bergeson. and the following voted against same: None, Council Member Neal was absent. Whereupon said resolution was declared duly passed and adopted. RHB39639 LN140 -25 1