Loading...
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 PAGE 1 73 74 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 PAGE 2 1 1 1 1 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 PAGE 3 T6 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. PAGE 4 1 1 1 COUNCIL MEETING MARCH 8, 1993 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. PAGE 5 77 7 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. PAGE 6 1 1 1 1 1 1 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, PAGE 7 79 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. 1 1 1 1 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. 1 1 1 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 Lak•- 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: