HomeMy WebLinkAbout03/08/1993 Council Minutes (2)1
COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
MARCH 8, 1993
Staff members present: City Engineer, Darrell Schneider;
Consulting Engineers, Dan Boxrud and Don Christopherson, SEH;
John Davidson and John Powell, TKDA; City Attorney, Bill Hawkins;
City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn
Anderson.
SETTING THE AGENDA
Minutes of the City Council Work Session, March 4, 1992 were
taken from the consent agenda and added to old business on the
regular agenda.
CONSENT AGENDA
Council Member Elliott moved to approve the consent agenda as
amended. Council Member Kuether seconded the motion. Motion
carried unanimously.
ITEM
MINUTES:
Council Minutes, February 22, 1993
DISBURSEMENTS:
DISPOSITION
Approved
February 26, 1993 Approved
March 8, 1993 Approved
Centennial Fire Department Approved
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COUNCIL MEETING MARCH 8, 1993
REGULAR AGENDA
OPEN MIRE
Martha Slater, 7515 Patti Drive - Mrs. Slater explained that she
appeared under open mike two (2) weeks ago and the City Council
asked that she meet with staff to discuss her malfunctioning
septic system. She has met with staff and they recommended that
she pursue a particular financial plan with her bank. Mrs.
Slater did contact her bank but found she does not qualify. She
is unable to obtain a home improvement loan because she does not
have enough equity in her home and is unable to get the original
septic installer to accept any responsibility.
It was noted that the Pete Kluegel, Building Inspector contacted
the original septic installer and he and Mr. Kluegel visited Mrs.
Slater's property. Since the septic system functioned.until
equipment was brought into her yard to provide drainage away from
the house, the septic installer feels that the original septic
system did not fail because of his workmanship and does not feel
he has any financial liability.
Mayor Reinert asked Mrs. Slater if she purchased her home through
a real estate agent and was a disclosure provided for the septic
system. Mrs. Slater explained that the real estate agent is no
longer in real estate and since the septic system was functioning
at the time she purchased her home, a disclosure was not
prepared. Mayor Reinert said he understood that she went to
mediation regarding a problem with the property and was awarded a
settlement in the amount of $3,800.00. Mrs. Slater said this
settlement was for another problem. Mayor Reinert asked Mrs.
Slater what she wanted from the City? He also asked if anyone
had checked with the Building Department prior to her purchase of
the property to obtain a septic system certification. Mrs.
Slater said this had not been done.
Mr. Hawkins explained that from a legal prospective, there is
some responsibility with the former property owner to provide a
disclosure on the property. However, since the septic system was
functioning and the year of the purchase was a very dry year,
there appears to be no need for a disclosure statement. Also
there does not appear to be any responsibility on the part of the
City.
Council Member Kuether asked if there is a process where the City
can repair the septic system and then assess the Slater property?
Mr. Hawkins suggested that caution should be used in such a
process, because if the new system should fail because of high
water or other damages are incurred during the construction
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COUNCIL MEETING MARCH 8, 1993
phase, the City would be liable. Since this non-functioning
septic system is not causing a public health hazard to the
surrounding community, the City has no legal reason for entering
private property.
Mayor Reinert asked Mrs. Slater if she tried mediation in regard
to the non-functioning septic system. Mrs. Slater explained that
it is not possible since the system was functioning when she
purchased the home. She noted that she had the septic tank
pumped last week and water flowed back into the drain field as
fast as it was pumped out. The drain field is installed in the
water table.
Mayor Reinert explained to Mrs. Slater that there is nothing that
the City can offer since the septic system was working when she
purchased the property.
Chris Ross, 7990 Lake Drive, Ross' Liquor Store - Mr. Ross asked
the City Council to consider an ordinance requiring that the City
restrict the number of off -sale liquor licenses to the number
currently issued by the City and to maintain a one (1) mile
separation between off -sale liquor stores. He noted that because
of increased state and local taxes, it is more difficult to make
a profit and allowing more than one (1) store in any particular
area made competition difficult.
Council Member Kuether said she would like to see a restriction
on off -sale licenses based on population. Mayor Reinert noted
that since Lino Lakes is very close to the twin city metropolitan
area, there were other competition factors affecting local
businesses. Mayor Reinert noted that this item was discussed at
the March 3, 1993 Council Work Session and the matter has been
given to the Economic Development Authority Advisory Board
(EDAAB) for their input. Mr. Hawkins explained that the City has
the authority to restrict and/or limit liquor licenses but must
outline findings that would support such action.
The matter will be considered by the EDAAB and their
recommendations will be brought back to the City council for
consideration.
ENGINEER'S REPORT
Consideration of Renewal of Consulting Engineering Contracts with
SEH and TRDA - Mr. Schneider explained that both SEH and TKDA
have had continuing engineering contracts with the City for
several years. The SEH contract is dated January 9, 1989 and the
TKDA contract is dated April 26, 1982. Both contracts provide
for general engineering services but would seem to be strongly
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COUNCIL MEETING MARCH 8, 1993
oriented to larger projects.
Mr. Schneider used the overhead projector and gave a brief
overview of features in both contracts and noted items that were
different in each contract. He explained that contracts are
focused on budgeting for tasks. The budgets are firm unless a
significant change is made in the project and an agreement is
reached for a change order. The contract can be canceled with a
30 day written notice and certain insurance requirements must be
met.
Mr. Schneider explained that one (1) significant feature required
that the City bill the developer's on a monthly basis. The
billing will contain the budget and how that particular billing
fits into the budget. This is an attempt at cost containment,
but should also be clearer for the developer to understand. The
new contract should provide a better "handle" on the project and
a more open line of communication for the engineer, developer and
staff.
Council Member Bergeson noted that he has not heard a bad comment
about the quality of the engineering work performed by either SEH
or TKDA. The new contracts should provide cost disclosure. He
asked that a review of how the new contracts are working be
completed in the fall. Mr. Schneider said that later in the
summer he will meet with the developer's and engineer's again.
He noted that developer's have been very cooperative and he felt
that it was important that everyone understand and contribute to
the new process.
Mr. Schneider noted that there will be some "gross" changes in
the rates charged by both engineering companies after the
multiplier has been applied. The SEH rates will be lower and the
TKDA's rates will be slightly higher.
Mr. John Davidson, TKDA told the City Council that the
relationship between the City of Lino Lakes and TKDA is valuable.
He noted that TKDA has co -existed with SEH and felt it was good
competition. He also noted that his firm reviews their budgets
every two (2) weeks and have noted some problems. Mr. Davidson
said he felt it was necessary to get along with developers and to
meet all standards. He also noted that this new procedure is
similar to the procedure used by the City of Lakeville.
Mr. Dan Boxrud, SEH said he agreed with Mr. Davidson's comments
and felt that writing the new contracts was good experience and
allowed SEH to rethink their processes. He felt that the
contract process puts everything on paper.
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Council Member Kuether moved to approve the consulting
engineering contracts as presented by the City Engineer. Council
Member Bergeson seconded the motion. Motion carried unanimously.
Consideration of Emergency Ordinance No. 93 - 03, Amending
Section 4, Subdivision 5, Zoning Ordinance, Lot Provisions
(Requiring an improved street before a building permit is issued)
- Mr. Schneider explained that staff has determined that the
Zoning Ordinance does not specifically prohibit the construction
of buildings on lots located on unimproved right-of-way.
Construction of buildings on unimproved right-of-way could prove
a serious detriment to the orderly development of the City.
Emergency Ordinance No. 93 - 03 is being proposed until such time
as the Planning and Zoning Board can hold a public hearing
regarding amending the Zoning Code to require the following:
Any lot of record existing on the effective date of this
ordinance may be used for the erection of a structure if it
conforms with the use regulations of the district in which
it is located provided it satisfies all other appropriate
provisions of this Ordinance, has frontage on a full width
public right-of-way, and an improved street which has been
accepted for maintenance by the City of Lino Lakes.
Mr. Schneider noted that this regulation was in the previous
Zoning Ordinance but was inadvertently dropped from the new
Zoning Ordinance.
Council Member Elliott moved to adopt Emergency Ordinance No.
93 - 03 and dispense with the reading. Council Member Kuether
seconded the motion. Motion carried unanimously.
Ordinance No. 93 - 03 can be found at the end of these minutes.
Consideration of Resolution No. 13 - 93 Setting a Public Hearing
for Vacating Easement, Oak Lake - A parcel of property on Oak
Lane is currently for sale and the current property owner has had
difficulty selling the property due to a drainage and utility
easement that was placed on the property in 1989. Staff feels
there may be justification for the vacation of this easement.
Notification of the impending vacation has been made in the legal
newspaper.
Council Member Bergeson moved to adopt Resolution No. 13 - 93
setting the public hearing for Monday, March 22, 1993, 6:45 P.M.
Council Member Elliott seconded the motion. Motion carried
unanimously.
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COUNCIL MEETING MARCH 8, 1993
Resolution No. 13 - 93 can be found at the end of these minutes.
CONSIDERATION OF APPLYING FOR A SHORELAND GRANT
The Department of Natural Resources (DNR) has adopted new and
stricter requirements and now all municipalities must amend their
current ordinances or adopt new ordinances to be consistent with
state wide standards. The City has received a notice that there
is funding available to aid municipalities in meeting the new
standards.
An application has been received
assistance up to $5,000.000. By
City of Lino Lakes is requesting
set aside for the adoption of an
ordinance.
from the DNR for grant
submitting this application, the
an allotment of $5,000.00 to be
amendment to the current
Council Member Elliott moved to submit the application for the
$5,000.00 grant. Council Member Bergeson seconded the motion.
Motion carried unanimously.
CONSIDERATION OF INCREASING SEPTIC PUMPING FEE FROM $2.00 TO
$5.00
City staff has been reviewing the septic system maintenance
program and has proposed several changes. One of the areas that
has been recommended to be changed is the fee for a septic
pumping permit. The fee of $2.00 has not been changed since the
ordinance was adopted. Staff is recommending an increase to
$5.00 to cover the cost of implementing the provisions of the
ordinance.
Council Member Elliott moved to increase the permit fee to $5.00.
Council Member Bergeson seconded the motion. Motion carried
unanimously.
OLD BUSINESS
Consideration of a List of Items Needed to be Published in the
Newspapers - At the previous City Council meeting a list of items
that are published in the legal newspaper was requested. In
addition, the City Council requested information regarding legal
publications in other area newspapers. This information has been
prepared and was included in the City Council packets.
Council Member Kuether noted that the information is satisfactory
and moved to approve the list as submitted. Council Member
Bergeson seconded the motion. Motion carried unanimously.
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COUNCIL MEETING MARCH 8, 1993
City Council Minutes, March 4, 1992 - Council Member Kuether
moved to approve the minutes as submitted. Council Member
Elliott seconded the motion. Council Member Elliott asked why
minutes for a meeting a year ago are being submitted at this
time. The City Clerk explained that the minutes were not
overlooked, she was very busy. Voting on the motion. Motion
carried unanimously.
NEW BUSINESS
For Your Information, the Charter Commission will meet with the
Economic Development Authority Advisory Board, City Council and
Staff on Monday, March 15, 1993, 7:00 P.M.
Consideration of Resolution No. 12 - 93 Audit Transfers for
1992 - The City Auditor has recommended that certain funds with
balances remaining at the end of 1992 should be transferred to
other funds. This resolution will accomplish this "house
keeping" item. Council Member Kuether moved to adopt Resolution
No. 12 - 93. Council Member Bergeson seconded the motion.
Motion carried unanimously.
Resolution No. 12 - 93 can be found at the end of these minutes.
Council Member Elliott moved to adjourn at 7:31 P.M. Council
Member Kuether seconded the motion. Aye.
These minutes were considered, corrected and approved at a
regular City Council meeting held on March 22, 1993.
Marily i G. Anderson,
Clerk -Treasurer Mayor
Vernon F. Reinert,
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Council Member Elliott introduced the following
Ordinancr and moved it adoption:
CITY OF LINO LAKES
ORDINANCE NO. 93-03
AN EMERNCY ORDINANCE AMENDING TO SECTION 4, SUBD. 6 LOT
PROVISIGMS OF THE CITY ZONING ORDINANCE
The City Council of the City of Lino Lakes, Anoka County,
Minnesota, does ordain:
Legislative Findings of Fact
The City of Lino Lakes, Minnesota, a predominantly residential and
agricultmral community has recently attracted development of
residential areas within the City. While the City is not opposed
to orderly or well planned residential development, the City of
Lino Labs wishes to study, develop, evaluate and if necessary
modify pins and policies as they relate to it's Zoning Ordinance.
The City finds it to be in its best interests to take reasonable
measures for a reasonable interim time to protect the planning
process and the health safety and welfare of its citizens until
appropriate evaluations and amendments can be effective.
The City finds that unless reasonable measures are taken for a
reasonable interim period to protect the public interest by
preserving the integrity of the existing residential areas while
changes -to the Zoning Ordinance are prepared.
The City finds that it is necessary to enact this Ordinance as an
emergency Ordinance under Section 3.06 of the City Charter.
The City Council of the City of Lino Lakes, Anoka County,
Minnesota, does thereby ordain:
Section 1, of the Zoning Code is hereby amended to read as follows:
Subs. 5 Lot Provisions. (1) Any lot of record existing at the
effective date of this ordinance may be used for the erection
of a structure if it conforms with the use regulations of the
district in which it is located provided it satisfies all
other appropriate provisions of this Ordinance, has frontage
on a full width public right-of-way, and an improved street
whidi has been accepted for maintenance by the City of Lino
Lakes.
This Ordinance shall take effect upon its passage by a majority of
Council Members present at the March 8th, 1993 City Council Meeting
and shall be in force and effect for a period of 160 days following
that date.
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Passed by the Council of the City of Lino Lakes this 8th
day of March 1993.
Vernon F. Reinert, Mayor
Mariyn . Anderson,
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: Bergeson, Elliott,
Kuether, Reinert.
The following voted against same: None, Council Member Neal was absent.
Whereupon said resolution was declared duly passed and adopted.
82
Council Member Bergeson
resolution and moved its adoption:
introduced the following
CITY OF LINO LAKES
RESOLUTION NO. 13 - 93
RESOLUTION SETTING PUBLIC HEARING DATE FOR VACATION OF EASEMENT FOR
DRAINAGE AND UTILITY PURPOSES ON PROPERTY 129.33' EAST OF LAKE
DRIVE AND SOUTH OF OAK LANE (Parcel No. 08-31-22-41-0030)
WHEREAS, the property owner has requested a vacation of
easement for drainage and utility purposes on property located
within the City of Lino Lakes, and
WHEREAS, publication has been made in the legal newspaper
concerning said easement vacation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, ANOKA COUNTY, MINNESOTA:
That a public hearing be set for Monday, March 22, 1993 at
6:45 P.M. to consider vacation of an easement for drainage and
utility purposes on Parcel No. 08-31-22-41-0030.
Adopted by the City Council this 22nd day of March, 1993.
'
Vernon R. Reinert, Mayor
Marl
Yn
G. Anderson, Clerk -Treasurer
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:
Bergeson, Elliott, Kuether, Reinert.
The following voted against same: None, Council Member Neal was absent.
Whereupon said resolution was declared duly passed and adopted.
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Council member
Kuether
introduced the
following resolution and move its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 12-93
RESOLUTION AUTHORIZING THE TRANSFER OF MONIES
FOR VARIOUS DECEMBER 31, 1992 AUDIT ADJUSTMENTS
WHEREAS, there remains a balance in the escrow fund for Pine Oaks
that many attempts have been made to return the funds to no avail,
and
WHEREAS, personnel costs have been charged to the Economic
Development Fund, and
WHEREAS, nonreimbursable costs remain in the Fire Hall Construction
Fund and the construction is complete, and
WHEREAS, there are previous years expenditures in the Community
Development Block Grant Fund that are nonreimbursable.
NOW THEREFORE BE IT RESOLVED, that the following transfers be made
effective December 31, 1992.
Escrow Fund (803)
General Fund (101)
Economic Development Fund (540)
Tax Increment 1-1 (407)
Tax Increment 1-2 (408)
Fire Hall Construction (568)
Closed Bond Fund (501)
Community Development Block Grant (402)
General Fuhd (101)
(530.10)
530.10
3,172.14
(1,586.07)
(1,586.07)
2,946.35
(2,946.35)
2,500.00 Est.
(2,500.00)Est.
Adopted by the City Council of Lino Lakā¢- his 8th day of March,
1993.
Mari\ly
Vernon F. Reinert - Mayor
G. Anderson, Clerk Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Bergeson and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Reinert.
The following voted against same: None, Council Member Neal was absent.
Where upon said resolution was declared duly passed and adopted: