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HomeMy WebLinkAbout08/23/1993 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES AUGUST 23, 1993 DATE August 23 TIME .>STARTED : 6:30. P. M. TIME >ENDED " 5i' 7.1<6 P.M. MEMBERSPRESENT e, Rinert.Kuether,; c6 COUNCIL MEETING AUGUST 23, 1993 ITEM MINUTES: Council Meeting, August 9, 1993 Council Work Session, July 21, 1993 DISBURSEMENTS: August 23, 1993 Centennial Fire Department CONSIDERATION OF RESOLUTIONS: Resolution No. 50 - 93 Authorizing the Transfer of Monies from the Area and Unit Fund to the Interim Construction Fund Resolution No. 51 - 93 Authorizing the Transfer of Monies from the Closed Bond Fund to the Interim Construction Fund Resolution No. 52 - 93 Authorizing the Deletion of Deferred Special Assessments from the Annual Audit from Various Funds Resolution No. 53 - 93 Authorizing the Write Off of Accounts Receivable - City of Centerville REGULAR AGENDA OPEN MIRE DISPOSITION Approved Approved Approved Approved Approved Approved Approved Approved Recreation Department Update - Included in the City Council packets was a Quarterly Report on the summer recreation program. Mr. Bernstein referred to this report and thanked the City Council for giving him the opportunity to review the program. He noted that in 1991 there were approximately 50 children in T - Ball, 500 to 600 children in the Open Playground program and six (6) adult (all male) softball teams. In 1993 there were 94 children in T -Ball and many children could not be accommodated because of the lack of suitable space and facilities. There were 1,418 children in the Open Playground program at four (4) locations and 53 softball teams. Thirty nine (39) were mens teams and 14 were co -recreation teams. Mr. Bernstein explained that he has given these figures to show how fast the program has grown. He noted that programs are marketed first through a brochure that is sent to every residence in Lino Lakes. The PAGE 2 1 1 1 1 1 COUNCIL MEETING AUGUST 23, 1993 programs are then advertised through the schools. This process then opens the programs to non-residents. Since many programs use school facilities, it would not be possible to limit non- resident participation. Mayor Reinert noted a report that indicates that participants live in many different cities. He asked if the increase in participation is from non-residents or from Lino Lakes residents. Mr. Bernstein explained that the increase is very definitely from Lino Lakes residents. About 85% to 90% of the participation is from Lino Lakes residents. He noted that Lino Lakes residents are given the first option and then the program is opened to non- residents. Mayor Reinert asked if the user fee charges are the same for residents and non-residents. Mr. Bernstein said the fees are the same, however, this may change. Mayor Reinert felt that since the Lino Lakes residents support the recreation program through their tax dollars, they should be given a break. Mr. Bernstein explained that matter is being given some consideration. Mayor Reinert noted that some programs lost money and noted that fees for these programs may need to be increased. He also noted that one (1) program served totally non-residents. Mr. Bernstein explained that the program was Line Dancing and all the students were Centennial School District faculty. Mayor Reinert suggested that the fees for this program should be increased. Council Member Bergeson noted that some children were unable to get into a recreation program. He asked if the problem was limited staffing or limited facilities. Mr. Bernstein explained the problem was definitely the lack of space. This was especially true for evening classes. Mayor Reinert felt there was a great amount of success with the summer recreation program. He thanked Mr. Bernstein for coming this evening. PLANNING AND ZONING BOARD REPORT Consideration of a Variance to Lot Size, Quail Ridge - Ms. Wyland used the overhead projector and described the two lots in need of a variance. She noted that the final plat was recently approved by the City Council after extensive work between the staf! and the developer concerning the location and construction of the park trail. An agreement was reached between the developer and the City to construct a boardwalk trail where necessary (between Parks I and 2) and the standard bituminous trail for the balance PAGE 3 57 COUNCIL MEETING AUGUST 23, 1993 of the trail. To eliminate the need for additional boardwalk, which is not only costly to construct but also to maintain, it was agreed that the trail would cut between Lots 8 and 9, Block 3 and exit onto Ruffed Grouse Road. This arrangement also provided an additional access point for the trail rather than an abrupt termination at the northern boundary of the plat. The final plat document was prepared and approved by the City Council. However, upon recording the plat with the Anoka County Surveyor's office, the developer was advised that the area shown as "trail easement" was not allowed. The area must be shown as Park to eliminate any possible liability to the underlying property owners as in an easement. In order to dedicate this area as Park, the City must acknowledge variances for lot width for both affected lots. The subject lots will have more than adequate square footage at approximately 16,000 and 35,000 square feet but be deficient in lot width at the building setback line by 7.5 feet. The original plat shows these two (2) lots as containing 80 feet of lot width at the setback line. The property is zoned R -1X with a Planned Development Overlay (PDO) to allow flexibility in lot size. This flexibility provides that some lots actually meet the R-1 lot width requirement of 80 feet while maintaining the larger square foot areas. Staff is recommending approval of the variance request for the following reasons: 1. The present trail location is the most reasonable location and will provide the most reasonable use of the trail. 2. The plight of the landowner is due to circumstances unique to the property due to the nature of the wetlands existing in the plat and the requirements pertaining to trail construction through wetlands. 3. By approving the preliminary and final plats, the City has determined that this is a reasonable use for the property. 4. Granting this request is not conferring on the applicant any privilege that would not be afforded another applicant with similar circumstances. 5. Property values should not be diminished by this request - the applicant will be required to construct homes on these lots within the requirements of the R -1X building/structural requirements. 6. Approval of this request will be in keeping with the spirit and intent of the zoning ordinance, comprehensive plan and PAGE 4 1 1 1 1 1 59 COUNCIL MEETING AUGUST 23, 1993 comprehensive park/trail plan which indicates this site for single family development, provides flexibility in lot width/area with the PDO designation, and provides for trails as outlined in the Park Plan. The Planning and Zoning Board has reviewed the variance request and has recommended approval of the variance. Council Member Kuether asked about side lot line setbacks and noted that there will not be much room for the house. Ms. Wyland explained that this matter has been discussed with the contractor and he is aware that he must conform to the R -1X building size standards. She noted that the house could be set further back on the lot. Council Member Bergeson asked if the trail being platted as park is consistent with other areas such as Shores of Marshan Lake, Birchwood Estates, Park Grove and PineRidge. Ms. Wyland explained that state statutes require that parks and trails be designated "parks" not easements. The plats are consistent with the exception of the Shores of Marshan Lake. The Shores of Marshan Lake plat will be corrected. Mr. Hawkins explained that State Statutes require that all parks and trails be dedicated on a plat as "parks". It is illegal to dedicate them as easements. Mayor Reinert noted that in the past trail location and trail identification has been nonexistent. He noted areas where people have purchased new homes and moved in then to their surprise a year or two (2) later a trail is constructed next to their new home. Mayor Reinert asked that a policy be enacted that would require the marking and identification of a trail prior to the sale of the first new home. Council Member Kuether suggested that item No. 7 should be added to reasons for granting a variance; "trails will be identified by signage prior to the sale of any lots". Council Member Kuether moved to grant the variance as requested and that Item No. 7, "trails will be identified by signage prior to the sale of any lots" be added to the list of reasons for approving the variance. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 48 - 93 ACCEPTING AND AWARDING BIDS FOR THE 1993 WEAR COURSE IMPROVEMENT Mr. Powell explained that the City Council passed Resolution No. PAGE 5 60 COUNCIL MEETING AUGUST 23, 1993 45 - 93 at the July 26, 1993 City Council meeting approving plans and specifications for the above described project and ordering advertisement for bids. The bids were opened this morning at 10:00 A.M. and have been tabulated. Six (6) bids were received and the lowest responsible bidder has been determined. All bids were very close and Mr. Powell said he was satisfied with the bids. He noted that Alber Construction is a qualified, responsible contractor. Council Member Elliott moved to adopt Resolution No. 48 - 93 awarding the bid to Alber Construction, P. O.box 399, Rogers, Minnesota 55374 for $144,311.05. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 48 - 93 can be found at the end of these minutes. FIRST READING, ORDINANCE NO. 93 - 14, AMENDING CHAPTER 502, SUBD. 03, TERMS AND FEES FOR DOG LICENSES AND SUBD. 04, RABIES VACCINATION Mr. Schumacher explained that the current City Codes requires that all dogs be licensed annually. The City is growing and so is the dog population and it is becoming more difficult to administer the present City Code requirement. The staff has suggested that a two (2) year dog license be issued to streamline the process. The proposal would not impact revenues but would reduce the number of trips the citizens have to make to get their dog licensed. The proposal would also reduce the amount of paper work required for the annual dog license procedure. Council Member Kuether moved to approve the FIRST READING of Ordinance No. 93 - 14 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT Clarification of Block Party Requirements - Mr. Hawkins noted that the issue regarding block parties has been discussed at the Council work session and he has been asked to give an opinion regarding the "hold harmless" clause in the block party application. An application for a block party was received by the City Clerk and the applicants did not sign the "hold harmless" agreement. Mr. Hawkins explained that the City controls the street right-of- way (ROW) and can close off a portion of any street for various purposes. A procedure was drafted many years ago to allow citizens to use a portion of a street for a block party. The procedure required that an application be completed along with a PAGE 6 1 1 1 1 1 1 COUNCIL MEETING AUGUST 23, 1993 petition and that a signed "hold harmless" clause be signed by the party organizers. Many block party organizers have had reservations signing the "hold harmless" clause and Mr. Hawkins said that he would question if it is fair to require a resident to be responsible for the entire party. He said he does not see any difference between holding a block party on a City street and holding a softball game in a City park. The City carries insurance that would provide protection if someone is injured due to the negligence of the City in keeping its property in proper condition. Mr. Hawkins said he did not see any liability exposure if proper barricades are supplied by the City and used by the party organizers. He also noted that just because someone is injured at a block party, that does not make the City liable. The injured party must prove negligence on the part of the City. Mr. Hawkins suggested that the City remove the "hold harmless" clause from the application and rely on the Public Works Department to make sure that the ROW is in good condition. The approval of the application for a block party by the City Council should limit the hours of the block party and should also limit the noise. Mr. Hawkins noted that in his experience, block parties are family events and usually do not involve the problems associated with activities involving alcohol. Mr. Hawkins recommended that the City Council require an application for a block party continue on the present form and that the "hold harmless" clause be eliminated. Mayor Reinert asked that the policy be put in writing and be brought back to the City Council for their review. Council Member Kuether moved to continue the current block party policy and application and discontinue the "hold harmless" clause. Council Member Elliott seconded the motion. Motion carried unanimously. OLD BUSINESS Consideration of Resolution No. 49 - 93 Accepting The Donation from the Friends of the Parks and Amending the General Fund Budget - Council Member Bergeson explained that the donation helped purchase a memorial play train at Sunrise Park. Council Member Kuether moved to adopt Resolution No. 49 - 93. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 49 - 93 can be found at the end of these minutes. Resolution No. 54 - 93 Accepting the Donation from the Circle -Lex VFW Post 6583 and Amending the 1993 General Fund Budget - Mr. Schumacher explained that OSHA requires that all personnel exposed to certain health risks be vaccinated for Hepatitis. The PAGE 7 COUNCIL MEETING AUGUST 23, 1993 City did not budget for the vaccinations in 1993. However, the Circle -Lex VFW Post 6583 did donate money to cover the costs of the vaccinations and all personnel who wanted to be vaccinated were vaccinated. Council Member Bergeson moved to adopt Resolution No. 54 - 93. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 54 - 93 can be found at the end of these minutes. NEW BUSINESS Consideration of an Application for Block Party, Red Hawk Trail, PineRidge Addition - A block party application with the signed petition and signed "hold harmless" clause has been received and reviewed by the Police Department and the Public Works Department. No problem has been indicated by either department. This street is in a new subdivision and in the past the City Council has advocated block parties as a method for new residents to get acquainted. Since a "hold harmless" clause is no longer a requirement, Mrs. Anderson will return the form to the party organizers. Council Member Elliott moved to approve the block party application for the above mentioned location from 3:00 P.M. to 10:00 P.M., September 11, 1993. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of an Application for Block Party, Ironwood Circle and River Birch Place, Birchwood Acres - A block party application with the signed petition and signed "hold harmless" clause has been received and reviewed by the Police Department and the Public Works Department. No problem has been indicated by either department. Since a "hold harmless" clause is no longer a requirement, Mrs. Anderson will return the form to the party organizers. Council Member Kuether moved to approve the block party application for the above mentioned location from 4:00 P.M. to 9:00 P.M., September 6, 1993. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Bergeson moved to adjourn at 7:16 P.M. Council Member Kuether seconded the motion. Aye. PAGE 8 1 1 1 1 1 COUNCIL MEETING 6= AUGUST 23, 1993 These minutes were considered, corrected and approved at a regular meeting of the Lino Lakes City Council on September 13, 1993. M.h16 ail rf G. Anderson, e Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 9 64 Council Member Elliott resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 48-93 introduced the following RESOLUTION ACCEPTING BIDS FOR 1993 BITUMINOUS SURFACING AND APPURTENANT WORK WHEREAS: Pursuant to an advertisement for bids for the 1993 Bituminous Surfacing and Appurtenant Work, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Amount of Bid Alber Construction PO Box 399 Rogers, Minnesota 55374 W.B. Miller, Inc. 16765 Nutria Street Ramsey, Minnesota 55303 $144,311.05 $145,312.35 Valley Paving $147,113.50 4105 -85th Avenue North Brooklyn Park, Minnesota 55443 Hardrives, Inc. $149,497.30 9724 -10th Avenue North Plymouth, Minnesota 55441 Northwest Asphalt, Inc. $155,142.50 1451 County Road 18 Shakopee, Minnesota 55379 Midwest Asphalt $156,616.05 PO Box 5477 Hopkins, Minnesota 55343 Engineer's Estimate $156,726.00 AND WHEREAS, it appears that Alber Construction, Rogers, Minnesota, is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Alber Construction, of Rogers, Minnesota, in the name of the City of Lino Lakes for the 1993 Bituminous Surfacing Improvements, according to the 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 City Council this 23rd day of August, 199/ Vernon F. Reinert, Mayor ATTEST: ). 041.krz71,0 Marilyn G. derson 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: Bergeson, Elliott, Kuether, Reinert. The following voted against same: None, Council Member Neal was absent. 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 • -i07 , 1992. the Marilyn . Anderson, Clerk -Treasurer 6 Council member Kuether introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 49-93 RESOLUTION ACCEPTING DONATION FROM THE FRIENDS OF THE PARKS AND AMENDING THE 1993 GENERAL FUND BUDGET Whereas, the Friends of the Parks has donated to the City of Lino Lakes $3,000.00 to go towards the purchase of a memorial play train at Sunrise Park, and Whereas, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions $3,000.00 Increase Expenditures - Parks Capital Outlay $3,000.00 Now Therefore Be it Resolved, that the City Council of the City of Lino Lakes hereby accepts the donation of $3,000.00 to assist in paying for the cost of the memorial train and wishes to express its gratitude to the Friends of the Parks for its donation. Adopted by the City Council of Lino Lakes this 2 rd day of August, 1993 Mar yn G. . 6,14 -- Anderson, 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: 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. 1 1 Council member Kuether following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 50 - 93 introduced the RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE AREA AND UNIT FUND TO THE INTERIM CONSTRUCTION FUND WHEREAS, expenses have been incurred for West Central Trunk Phase II, and WHEREAS, this total is $30,871, and WHEREAS, this project is on hold pending petitions for the construction, and WHEREAS, a portion of this project is included in Apollo Drive Phase II, and WHEREAS, this project is funded with Area and Unit funds. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase West Central Trunk II (550) $30,871 Area and Unit (406) Decrease ($30,871) Adopted by the City Council of Lino Lakes this 23rd day of August, 1993. Vernon F. Reinert - Mayor l Ma y G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by 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. Where upon said resolution was declared duly passed and adopted: 6j 6 Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 51 -.93 RESOLUTION AUTHORIZING THE TRANSFER OF MONIES FROM THE CLOSED BOND FUND TO THE INTERIM CONSTRUCTION FUND WHEREAS, assessments for the Ash Street East Extension from been received, and WHEREAS, there remains a balance of $2,026 owing, and WHEREAS, this project is complete and no more revenue is anticipated, and WHEREAS, expenses of $3,122 were incurred on the County Road J Project, and WHEREAS, this project is not active. NOW THEREFORE BE IT RESOLVED, that the following transfer be authorized. Increase Decrease Ash Street East (550) $2,026 County Road J (550) $3,122 Closed Bond Fund (501) ($5,148) Adopted by the City Council of Lino Lakes his 23rd day of August, 1993. Vernon F. Reinert - Mayor 1711,1,1,_ Ma lyn G.'Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Reinert. The following voted against same: None, Council Member Neal was absent. Where upon said resolution was declared duly passed and adopted: 1 1 1 Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 52 - 93 RESOLUTION AUTHORIZING THE DELETION OF DEFERRED SPECIAL ASSESSMENTS FROM THE ANNUAL AUDIT FROM VARIOUS FUNDS WHEREAS, there are deferred special assessments set up for projects in which properties chose not to be part of the project, and WHEREAS, these assessments are not pending or certified, and WHEREAS, the assessment is paid at the time of hook-up by the property owner. NOW THEREFORE BE IT RESOLVED, that the following special deferred assessments be deleted from the annual audit. Closed Bond Fund (501) Improvement Bonds 1988 (515) Improvement Bonds 1990B (519) Improvement Bonds 1992A (521) ($ 34,475) ($ 9,366) ($ 17,326) ($537,418) Adopted by the City Council of Lino Lakes this 23rd day of August, 1993. 4aiil Vernon F. Reinert - Mayor 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. Where upon said resolution was declared duly passed and aQopted: Council member Kuether introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 53 -, 93 RESOLUTION AUTHORIZING THE WRITE OFF OF ACCOUNTS RECEIVABLE - CITY OF CENTERVILLE WHEREAS, an accounts receivable for gravel for West Cedar Street was set up in 1992, and WHEREAS, the amount due was $1,342.97, and WHEREAS, in lieu of payment, Centerville transferred a 1974 Dodge van to the City. NOW THEREFORE BE IT RESOLVED, that the following receivable be deleted. City of Centerville $1,342.97 Adopted by the City Council of Lino Lakes his 23rd day of August, 1993. Vernon F. Reinert - Mayor Marilyn 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. Where upon said resolution was declared duly passed and adopted: 1 1 Council member Bergeson following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NUMBER 54 - 93 introduced the RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX POST 6583 AND AMENDING THE 1993 GENERAL FUND BUDGET Whereas, The Federal Occupational Safety and Health Administration has directed all employers to evaluate their employees to assess their risk of Hepatitis B infection as it relates to their jobs, and Whereas, if an increased risk is assessed, the employer must offer to those employees the Hepatitis B Vaccine at no cost to the employee, and Whereas, The City of Lino Lakes has identified the following employees to be considered "at Risk" of Hepatitis B Infection in the performance of their job: Sworn Police Officers Community Service Officers, and Whereas, The City has used the service of District Memorial Hospital to immunize the employees identified to be "at risk" at a cost of $1,812.00,and Whereas, the Circle -Lex VFW Post 6583 has made a donation of $1,812.00 to the City of Lino Lakes for the cost of administering the Hepatitis B vaccination, and Whereas, the monies will be appropriated to the General Fund in the following manner: Increase Revenue - Contributions Increase Expenditures - Police Professional Services $1,812.00 $1,812.00 Now Therefore Be it Resolved, that the City Council of the City of Lino Lakes hereby accepts the donation of $1,812.00 for the cost of administering the Hepatitis B shots and wishes to express its gratitude to the Circle -Lex VFW Post 6583 for its donation. 72 Adopted by the City Council of Lino Lakes this - rd day of August, 1993 Vernon F. Reinert,Mayor MarilY nnderson, 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. Where upon said resolution was declared duly passed and adopted.