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HomeMy WebLinkAbout05/28/1996 Council Minutes• • • COUNCIL MINUTES MAY 28,1996 CITY OF LINO LAKES MINUTES DATE : May 28, 1996 TIME STARTED : 6:30 P.M. TIME ENDED : 9:23 P.M. MEMBERS PRESENT : Bergeson, Lyden, Kuether, Neal, and Mayor Landers MEMBERS ABSENT : None Staff members present: City Administrator, Randy Schumacher; Assistant City Administrator, Dan Tesch; City Attorney, Bill Hawkins; City Engineer/Public Works Director, David Ahrens; Community Development Director, Brian Wessel; Planning Coordinator, Mary Kay Wyland; Building Official, Pete Kluegel; Jackie Constant; Marty Asleson; and City Clerk Marilyn Anderson Bill Hawkins administered the Oath of Office to Caroline Dahl, Planning and Zoning Board; Joe Schmidt, Parks and Recreation Board; and Vernon Reinert, Circle Pines Gas Utility Commission. SETTING THE AGENDA The Agenda was approved as presented. CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: May 28, 1996 (Check No. 44512 - 44598, $105,030.39) Centennial Fire District, May 20, 1996 OPEN MIKE Approved Approved Mr. Eugene Peterson, President of the Rice Creek Watershed District (RCWD), came forward and gave a brief overview of his background. He thanked the Council for their support of his re- appointment. He stated that his goal is to get information to the Council and to make the Rice Creek Watershed District more user friendly. Citizens come before the RCWD to obtain permits, not because they want to be there. He indicated that the RCWD oversees 201 square miles of land. COUNCIL MINUTES MAY 28, 1996 Kate Drewry, Administrator for the RCWD, came forward and presented the Council with a map outlining the district they oversee. She indicated that the RCWD was formed in 1972. They manage the overall water resources in the district. She stated that rapid development has caused a dramatic impact on the water area. Ms. Drewry showed a map which outlined Rice Creek, Clearwater Creek, and Hardwood Creek. She gave a brief overview of the six (6) policies of the RCWD. These rules are described in the handout. Ms. Drewry stated that she has worked with the City of Lino Lakes to develop a water management plan and regulatory program. The RCWD does have a five (5) year plan and will be updating their current brochure. Council Member Neal mentioned the cleaning of ditches. He stated that the only complaint he has heard is that ditches are not cleaned. If there is only $15,000 budgeted, it will be difficult to get much done. Steve Worsher, 7131 Gray Heron, came forward and indicated he felt much disappointment regarding Elm Street and the nearby middle school which is under construction. During elections, he had heard many lofty ideas which did not get down to the Council level. He stated that the Wenzel Farms residents were not taken seriously. Residents there wanted Elm Street banned from buses and it did not happen. He stated it is the Council's duty to do more research on important issues like this one. Member Bergeson noted that just because the School Board said so that did not make it so. Mr. Worsher asked why every tree had to be cut down. The School Board had an opportunity to make the property a very unique site. He indicated this was an opportunity for the new City Council and he was very disappointed. Council Member Neal asked how many children Mr. Worsher had in the school. He also asked how many School Board meetings he attended. Mr. Worsher stated that he had one (1) child in the school. He indicated he was not present at any School Board meetings. Council Member Neal stated that Mr. Worsher should have attended the School Board meetings regarding this matter. He asked if Mr. Worsher had contacted any of the Council Members concerning this issue. Mr. Worsher stated that he had not but he was aware that the school district had received about 180 calls on this matter. The School Board knew how the residents of Wenzel Farms felt regarding this issue. Council Member Neal stated that Mr. Worsher should have attended the School Board meetings regarding this matter. The road issue was not the School Board's concern, but the Council's issue. 2 • • COUNCIL MINUTES MAY 28, 1996 Mr. Worsher indicated he might have handled this better. Council Member Neal stated that two (2) School Board Members were re-elected. He asked if Mr. Worsher had voted in that election. Mr. Worsher indicated he had not voted in the election. He stated he came before Council this evening to voice his opinion and disappointment. CONTINUATION OF PUBLIC HEARING, IMPROVEMENT OF 12TH AVENUE/HOLLY DRIVE, DAVID AHRENS Mr. Ahrens stated that this is a continuation of the public hearing from May 13, 1996 for the proposed improvements to 12th Avenue and Holly Drive. Mayor Landers opened the public hearing at 7:20 p.m. Mr. Ahrens noted that the development agreement had not yet been finalized. There are issues the developer's attorney wanted clarified. Mr. Hawkins stated that the developer has issues regarding some of the language in the agreement. He recommended the public hearing be closed and then the issues be addressed. When the written agreement is received, Council will be informed and the City will wait 60 days before ordering the improvements. Council Member Lyden felt the public hearing should not be closed because many residents are not aware Council will order the improvements. Mr. Hawkins stated that closing the public hearing does not eliminate public input. Closing the public hearing means that the process will go forward. Council Member Neal asked when the City will collect assessments from the developer if the public hearing is closed and the properties are assessed. Mr. Hawkins stated assessments will be levied this fall for collection and will be a part of next years taxes. Council Member Lyden stated that he expects the developer and the City to have a written and signed agreement before the City closes the public hearing. Council Member Neal asked why the agreement is not signed. Mr. Ahrens explained that the developer has questions regarding the assessment process. Council Member Neal asked if the public hearing will be continued again if the developer does not provide a signed agreement. Mayor Landers noted that the developer is running out of time. Mr. Ken Albright came forward and stated he is present because of a fence issue. Because of the wetlands he is not getting a fence. He stated that dirt is piling up next to his property and water has been dumped on his property. He indicated he had called the City and the City had not taken COUNCIL MINUTES MAY 28, 1996 care of this matter. Ms. Wyland stated that the south side of the development has not yet been discussed because it is not imminent. Mr. Albright asked if the fence is a secret. He stated he attended many meetings and the fence was not discussed. Council Member Lyden stated that it was clear a fence would be placed around the entire perimeter to deter trespassing. Ms. Wyland stated the issue was deferred until development is imminent. Council Member Neal asked if there are other residents getting a fence. It was indicated that Mr. Albright, Ms. Dahl, and two other property owners would be receiving a fence. Mr. Ahrens explained that the developer has submitted a fence and landscape plan which is being reviewed. Staff must approve the plan. Council Member Kuether asked if there is truth to an "and/or" fence clause in the agreement. Mr. Ahrens stated it will be a staff decision to determine if a fence is needed to deter trespassing. Mayor Landers asked if the City will run into the same problems regarding the fence and landscaping plan as with obtaining a signed agreement with the developer. Council Member Lyden stated that he was uncomfortable with allowing development without a signed agreement. Council Member Neal asked why the City does not "red tag" the development. Mr. Hawkins stated that the developer has not violated the agreement that is currently in place. Council Member Neal asked if the fence should already be up on the Walseth's property. Mr. Ahrens indicated the fence should not be up because of other ramifications. Council Member Neal stated that he does not understand how the City says to go ahead with development and then the developer not do what the City asks. Council Member Kuether asked if the fence agreement is in the present agreement with the developer. Mr. Ahrens indicated the fence agreement is not in the present agreement. Mr. Albright stated he wanted a fence on his property as opposed to landscaping. He felt landscaping would not deter trespassing. Council Member Kuether stated that she will not approve another preliminary plat with so many loose ends. Mr. Hawkins stated that approving a developer's agreement without some items is common practice. The City does have guarantees to make sure the work is done. Ms. Wyland stated that a permit has been issued for the fence on the Walseth property. When the road is completed the fence will be completed. 4 • • COUNCIL MINUTES MAY 28, 1996 Council Member Neal asked what would happen if the owner of the property sold the property before these things get done. Mr. Hawkins indicated that if the developer does not put in the fence the City will do it. Mr. Ahrens stated that typically a fence is installed after rough grading is done. He expects to see the fence as soon as the rough grading has been completed. Council Member Lyden stated it seems like the "cart has come before the horse". Mayor Landers asked if the curbs and gutters are in. Mr. Ahrens indicated the curbs and gutters are in the development only. Council Member Lyden asked if the Council will approve the fence plan. Mr. Hawkins stated only the staff approves the fence plan. Council Member Kuether asked who was in mediation. It was indicated that the Walseth's and Mr. Hokanson were in mediation. However, the mediation fell through and there is only a verbal agreement. Mr. Albright indicated he did not want a verbal agreement. He was told he cannot fence wetlands. Much of his land is wetland. He asked if the dirt along his property line is temporary. Mr. Ahrens stated that he would visit his property to view the wetlands. Mr. Tesch excused himself from the meeting. Mr. Schumacher arrived at the meeting at 7:42 p.m. Mayor Landers suggested the RCWD be notified. Council Member Bergeson noted the fence was in the written agreement and that agreement had not been signed. He asked if the City has received a response from the developer about these issues. Mr. Ahrens stated that Mr. Hokanson submitted a landscape plan and fence plan approximately one (1) month ago. He is waiting for staff comments. An agreement regarding the landscape plan is needed. Mr. Albright indicated he has seen the plan for the fence. The fence does not go through the wetland. The City Attorney did not see any requirement to put in a fence. Mr. Hawkins explained that in the past, staff has had the responsibility to recommend fencing or landscaping. Staff has been evaluating what meets the Council's directive. Mr. Schumacher stated that he has talked to the City Forester who has determined a landscaping plan will deter trespassing. Staff has looked at the options. Council Member Lyden stated that when Council approves a plan, a stipulation should be made that the plan meets the needs of the citizens and the developer after the plan completed. COUNCIL MINUTES MAY 28, 1996 Council Member Lyden asked when the Walseth fence plan will come before Council. It was indicated the fence plan for the Walseth property will not come before Council. Council Member Bergeson stated he would like to see a signed agreement with the developer. Mr. Hawkins stated that an agreement was not reached in mediation. Someone has to make a decision regarding the fence. Historically, staff has made that decision. If Council wants to make the decision it can be brought before them. Mayor Landers stated that before building permits are issued, Council should see the fencing and landscaping plan. Council Member Bergeson noted that fencing is an issue. Mr. Hawkins stated that another issue is whether the developer will be required to be assessed for additional costs. The Attorney for the developer stated that he did not think the landscape plan was a problem. He indicated he wanted staff approval of the plan and City acknowledgment of the plan. Mayor Landers asked if the Attorney was speaking for his client. The Attorney stated he was representing the developer. The developer would like some issues clarified and did not think the other issues could be resolved. Council Member Lyden asked if a signed agreement can be obtained by June 10, 1996. The Attorney stated that the developer feels there is some confusion regarding the signed agreement. Council Member Kuether asked why there is not a signed agreement. The Attorney indicated there was an agreement but the City is trying to change the agreement. Council Member Lyden stated there is too much to discuss regarding this issue. He suggested the discussion be continued on June 10, 1996. Mayor Landers asked if the fence and landscaping plan could be reviewed on June 10, 1996. Mr. Ahrens indicated he believed the fence and landscaping plan could be presented to Council at that time. Nothing has been sent to the developer yet. Staff is trying to package the entire issue so everything can be covered at one time. Council Member Lyden asked if the residents are satisfied with the fence plan. Mr. Ahrens indicated the residents are not. Council Member Lyden stated he wanted all residents to be satisfied. Mayor Landers noted a discussion must be held regarding assessments. 6 COUNCIL MINUTES MAY 28, 1996 Council Member Kuether stated that the clock keeps ticking. The issue is not getting resolved • and it keeps appearing on the Council agenda. Council Member Neal suggested Council meet with the developer and his attorney. Council Member Kuether felt this was the City Attorney's job. Mr. Hawkins explained the City is getting closer to an agreement. Not all residents will be satisfied. Council Member Kuether stated that shrubbery should be sufficient. To deter trespassers the Council wants shrubbery for a barrier and the residents want a fence, this has become a large issue. The property owners do not currently have a problem with trespassers. Ms. Dahl stated that trees and shrubs need maintenance. Also, fencing is cheaper. Council Member Kuether asked if the residents are willing to share in the cost of a fence. Ms. Dahl stated that she would like staff to understand the needs of the residents. This should be a high priority. She stated she would prefer to have a 6' foot fence but will settle for a 4' fence. When the PDO was discussed, a fence was guaranteed. She expressed frustration regarding people who do not say what they mean. She indicated she was told a fence could not be put on wetland, but now it may be possible. Trees need maintenance. She stated that trees are not much of a deterrent for trespassers. She stated that she believed the issue was between the residents and the developer, not the developer and City staff. Ms. Dahl explained that as long as the fence is cheaper and needs no maintenance, the residents should be considered and not the City staff recommendation. She noted the possible problems regarding dogs. Because Mr. Hokanson has met with the Walseth's, Mr. Hokanson should meet with all affected residents. Mr. Hawkins stated that a permit has been issued for the fence on the Walseth property, however, it may not have been to the satisfaction of the owner. Council Member Lyden moved to continue the public hearing on June 10, 1996. Council Member Kuether seconded the motion. Motion carried with Council Member Neal and Council Member Bergeson voting no. Council Member Bergeson noted that Mr. Hawkins recommended Council close the public hearing to put pressure on the developer and keep the process going. ECONOMIC DEVELOPMENT DEPARTMENT, BRIAN WESSEL First Reading, Ordinance No. 06 - 96, Offering the Sale of Property to Emergency Apparatus Maintenance (EAM) - Mr. Wessel explained that this is the first reading of Ordinance No. 06 - 96 and used the overhead project to show the exact location of the property proposed to be sold. He indicated the City is required by the City Charter to sell the property. The EAM development proposal will be presented to the Planning and Zoning Board on June 12, COUNCIL MINUTES MAY 28, 1996 1998. Mr. Wessel stated that the property is a small triangular piece of land in the Apollo Business Park. Council Member Kuether moved to adopt the First Reading of Ordinance No. 06 - 96, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of the Second Reading, Ordinance No. 05 - 96, Amending Ordinance No. 18 - 95, Establishing the Position and Duties of an Electrical Inspector, Peter Kluegel - Mr. Kluegel stated that the first reading of Ordinance No. 05 - 96 was held at the May 13, 1996, Council meeting. He noted that the proposed Ordinance creating the position of Electrical Inspector and outlining the duties and responsibilities of the inspector had been reviewed by the State Board of Electricity. Mr. William Bickner, Executive Secretary, State Board of Electricity, had found a couple of portions of the Ordinance that were in conflict with or were more restrictive that Minnesota State Statutes. Ordinance No. 05 - 96 was drafted to correct the proposed Ordinance. Mr. Kluegel noted that there have been no other comments or suggested corrections to the proposed Ordinance since the first reading at the last Council meeting. Council Member Kuether moved to adopt the Second Reading of Ordinance No. 05 - 96, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Ordinance No. 05 - 96 can be found at the end of these minutes. Consideration of Establishing an Environmental Affairs Committee - Mr. Schumacher explained that on February 7, 1996, representatives of the Citizen's Advisory Group (CAG) of the 20/20 Vision plan met with the City Council to discuss the prospect of establishing a citizens Environmental Advisory Board. Since then, the CAG has gathered information about forming such a board and presented that information to the Council at the May 22, 1996, work session. Mr. Schumacher stated that it was the consensus of the Council at the May 22, 1996, work session that the Environmental Advisory Group from the 20/20 Vision Project was to recommend seven (7) individuals to be appointed to the Environmental Affairs Committee. These individuals can not presently be serving on any other advisory board or commission. The Committee will establish a one (1) year work plan (for 1997) as well as a corresponding budget and bylaws. These items will be accomplished by November, 1996. At that time, the Council will review the work plan, and make final determinations relating to the scope of committee projects, term limits, liaisons, and budgets. During the six (6) month organizational period, the Committee shall have access to City staff, and other departmental resources as authorized by the City Administrator. Mr. Schumacher stated that the City would like to advertise openings for the Committee. The CAG of the 20/20 Vision will interview candidates for the Committee. 8 COUNCIL MINUTES MAY 28, 1996 • Council Member Bergeson suggested some assistance from City staff in announcing the openings on the Environmental Affairs Committee. • • Council Member Kuether stated that the Council should be provided the applications for this Board. Council Member Kuether moved to approve establishing an Environmental Affairs Committee. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Approving Agreement for Recycling Program with Anoka County, Jackie Constant - Ms. Constant referred to the attached 1996 Agreement for Residential Recycling executed by Anoka County. The agreement provides financial assistance to the City for expenses incurred in 1996 for the coordination and promotion of recycling. The agreement allows for the reimbursement of $34,334.46. This is the standard agreement that the City has entered into with Anoka County in the past. Mayor Landers asked if the agreement included the recycling of oil. Ms. Constant indicated the agreement does include oil as long as the City exceeds its goal for oil drop off. Council Member Neal moved to adopt the 1996 Agreement for Residential Recycling, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of the Arbor Day Proclamation, Marty Asleson - Mr. Asleson stated that over the past several years the City has taken an active part in annual Arbor Day celebrations. This year the celebration will take place on Friday, May 31, 1996, at the Lino Elementary School. The City will receive a Tree City award for the eighth consecutive year. A Proclamation is usually part of the Arbor Day ceremonies. Mr. Asleson asked Council to approve the Arbor Day Proclamation and celebration. Council Member Kuether moved to approve the Arbor Day Proclamation, as presented. Council Member Neal seconded the motion. Motion carried unanimously. PLANING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Minor Subdivision, Hal Leibel, 7566 Peltier Lake Drive - Ms. Wyland stated that this minor subdivision involves a request by Mr. Hal Leibel to split a 2.36 acre parcel, containing the original homestead, from a 125.4 acre parcel located on the east side of Peltier Lake Drive, south of the Rehbein's Peltier View subdivision. The property is zoned Rural and is indicated as such on the City's Comprehensive Plan. Ms. Wyland explained that the City's Zoning Ordinance provides for a 10 acre minimum lot size in a Rural Zoning District. However, in October, 1993, the Council adopted Ordinance No. 93 - 18 which provides in part: COUNCIL MINUTES MAY 28, 1996 "Habitable single family homes constructed prior to July 13, 1992, may reduce their lot size to a minimum of one acre if the balance of the property results in a parcel of 10 acres..." Ms. Wyland stated that the minor subdivision proposed meets the criteria established by Ordinance No. 93 - 18. The existing homestead is approximately 80 years old and the balance of the property will exceed 10 acres. Additionally, no wetlands are located on this site according to the NWI Map. Currently the property is wooded and can provide alternate site (s) for an on-site septic system should that be necessary. City sewer and water will not be available to serve this property for quite some time. Ms. Wyland noted that the Planning and Zoning Board reviewed this request at the May, 1996, meeting and recommended approval of the minor subdivision request with the condition that the Park Dedication Fee be waived. Subdivision of this property will create no additional housing units and any future development of the site will require full Park Board review and dedication. Council Member Bergeson stated that the larger portion of the property comes under the regulation of one house per 10 acres. Ms. Wyland confirmed that there are no plans to subdivide the property. Council Member Bergeson stated that the Ordinance was put in place to facilitate the division of property and allow the property owner to stay in his home. Council Member Lyden asked if there is any concern regarding the septic system. Ms. Wyland indicated there is adequate space for the septic system. There is capacity for the septic and a spare. Mayor Landers indicated that he is uncomfortable with the possible Park Dedication fee. Ms. Wyland indicated the fee would be justified because of the home. This practice has been used in the past. Council Member Bergeson moved to approve minor subdivision to split 2.36 acres from remaining 124 acres and waive Park Dedication requirement. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision and Variance, Duff Dorschner, 307 Lilac Street - Ms. Wyland stated that this case involves a request for a minor subdivision and variance to allow the easterly 10' of Lot 1, Block 1, Behm's Century Farms 1st Addition, to be split from that lot and added to Mr. Duff Dorschner's property at 307 Lilac Street, immediately to the east. The purpose for the subdivision is to allow Mr. Dorschner more maneuvering room to enter his existing garage at 307 Lilac. The garage faces due west. Should the subdivision be approved, a variance will be necessary to allow Lot 1, Block 1, to be 125' in lot depth. The Zoning Ordinance requires a minimum depth of 135'. No variance would be needed for lot area as the reduced parcel size would be 13,625 square feet; 10,800 square feet is required by the Zoning Ordinance. Both properties are Zoned R-1 Single Family Residential and indicated as single family in the Comprehensive Plan. 10 • COUNCIL MINUTES MAY 28, 1996 Ms. Wyland stated that Mr. Dorschner's property is currently 165 feet wide and 600 feet deep. When the dwelling was originally constructed, in 1982, the City did not require a lot survey and apparently this home was constructed too close to the westerly property line considering the garage orientation. Two (2) driveways have been serving the site for several years with the westerly driveway encroaching on the Behm's property. Access to the existing attached garage is from the westerly driveway. Additionally, Mr. Dorschner has reconstructed a fence which was also over the property line. Ms. Wyland explained that to eliminate the access problem, Mr. Gary Uhde, the developer of Behm's Century Farms, has agreed to sell Mr. Dorschner 10' of Lot 1, Block 1, subject to City approval. This would allow the fence to remain and Mr. Dorschner to maintain access to his garage. As an alternative, Mr. Uhde has offered to provide a temporary easement over Lot 1, Block 1, to allow time to reorient the garage entrance to the front of the home. This would require an addition to the existing garage and possibly the living area over the garage. Mr. Dorschner is not in a position, at this time, to facilitate this construction and would prefer the subdivision route. Ms. Wyland noted that the Planning and Zoning Board reviewed this item at their May, 1996, meeting and recommended approval of the subdivision. There was a great deal of discussion concerning the criteria for granting a variance and the Board concurred that justification for the variance exists. The Board also determined that there is some responsibility on the City's part as a building permit had been issued to construct the home at its present location without the requirement of a survey document. Council Member Neal asked how long this has been an issue. Ms. Wyland stated it has been an issue since 1982. The issue began with the former owner of the property. There has been a lot of discrepancies with other land. Council Member Bergeson stated there is some precedent set for this if the property meets two (2) of three (3) criteria in width and area. Ms. Wyland indicated that the Planning and Zoning Board recommended boundary line surveys be required with each plat. Council Member Kuether moved to approve a minor subdivision and variance to allow Lot 1, Block 1, Behm's Century Farms to be reduced to a lot depth of 125'. Council Member Neal seconded the motion. Motion carried unanimously. Northern Wholesale, Revised Site Plan and Minor Subdivision - Ms. Wyland stated the Council approved a minor subdivision and site plan review for Northern Wholesale at the April 29, 1996, meeting. Since that time, the RCWD has determined that the best location for ponding and wetland area is on the west side of the building. This has resulted in a shift of the proposed structure approximately 200' to the east and the purchase of an additional 200' of property from Mr. Paul Miller. The building size will remain the same as will the parking and loading area. Landscaping will be increased along Otter Lake Road and a pond and park like area will be • developed in front of the building. 11 COUNCIL MINUTES MAY 28, 1996 Ms. Wyland stated that staff is requesting Council approval of the revised site plan and minor subdivision. There is some urgency in this request because Northern wholesale must begin construction soon in order to insure occupancy before winter. The City Attorney has advised staff to return this to the Council for review and approval. Mr. Wessel briefly went over the site plan that had previously been approved by Council. He stated that when the plan was reviewed by the RCWD it was determined that a major portion was wetland. The wetland was the proposed site of the building. The project will be moved to the east. Mr. Wessel stated that the revised site plan will give a better view to the houses south of Cedar Street and will require an additional 200' of Cedar to be improved. Mr. Wessel noted that the RCWD has approved the revised site plan. Council Member Kuether asked if there is a purchase agreement on the additional 200'. Mr. Wessel indicated there is a purchase agreement. Mayor Landers asked if there is more TIF. Mr. Wessel indicated that $25,000 can be used for road improvements. The overall TIF is less than the current ceiling. Council Member Kuether moved to approve the revised site plan with all conditions outlined in the original approval. Council Member Bergeson seconded the motion. Motion carried unanimously. Council Member Kuether moved to approve the revised minor subdivision, as presented. Council Member Neal seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Second Reading, Ordinance No. 04 - 96, Noise Ordinance - Mr. Ahrens indicated that the Council approved the first reading of Ordinance No. 04 - 96, Noise Ordinance, at the May 13, 1996, meeting. Staff is now requesting Council to approve the second reading of Ordinance No. 04 - 96. Council Member Kuether asked if the City has received any calls regarding this Ordinance. Mr. Ahrens indicated the City had not received any calls. Council Member Kuether moved to approve the second reading of Ordinance No. 04 - 96, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 04 - 96 can be found at the end of these minutes. Consideration of Resolution No. 96 - 54, Awarding Bid for Birch Street Trunk Watermain Improvement - Mr. Ahrens explained that this project includes the extension of a 16" trunk 12 • • COUNCIL MINUTES MAY 28, 1996 watermain from the existing trunk watermain on Birch Street near Sherman Lake Road to the intersection of Cedar Street and Otter Lake Road (County Road No. 84) on the east side of1-35E. On April 22, 1996, the Council approved the plans and specifications and ordered the advertisement for bids. Eight (8) contractors submitted bids for the project. The bids were opened at 1:00 p.m. on May 22, 1996, at City Hall. All bids received were below the Engineer's Estimate with Richard Knutson, Inc. having the lowest bid. The Engineer's Estimate reflected an expectation that contract prices tend to rise as contractor's schedules get filled for the construction season which is already well underway. The number of bids received and the unit prices quoted indicate that the contractor's schedules are more open than is typical for this time of year. Mr. Ahrens stated that the low bidder, Richard Knutson, Inc., recently successfully completed the Country Lake Estates, Phase I, improvement project for the City of Lino Lakes. They have also successfully completed utility improvement projects locally which were much larger in scope than the Birch Street Trunk Watermain Improvements. Therefore, staff recommends the contract be awarded to Richard Knutson, Inc. Mr. Ahrens noted no delays are expected due to easement acquisition as none are proposed to be acquired for this project. The permit from the Minnesota Department of Health for this watermain extension has been approved. Council Member Kuether stated it was ironic that a company from Savage had the low bid and a company from Hugo had the high bid. Council Member Bergeson asked if the time constraints can be met. Mr. Ahrens indicated the time constraints will be met. Council Member Neal asked where Richard Knutson, Inc. is currently working. Mr. Ahrens stated they are working on the County Lakes Estate, Phase I. Council Member Neal moved to adopt Resolution No. 96 - 54, as presented. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 96 - 54 can be found at the end of these minutes. OLD BUSINESS - None NEW BUSINESS Consideration of Minutes of April 15, 1996, City Council Board of Review - Council Member Kuether moved to approve the City Council Board of Review, April 15, 1996, minutes, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden abstaining. 13 COUNCIL MINUTES MAY 28, 1996 Consideration of a Block Party Request for White Owl Drive for Sunday, June 9, 1996, 4:00 p.m. to 7:00 p.m., Marilyn Anderson - Ms. Anderson stated that an application for a block party for Birch Wood Acres subdivision was received in her office. The application included a petition signed by all of the homeowners on White Owl Drive. Ms. Anderson explained that the application had been reviewed by the Police Department and the Public Works Department. Ms. Anderson recommended that the Council approve this block party. Ms. Anderson stated that block parties provide a means of introducing residents of neighborhoods to each other. Also block parties often include preliminary steps in setting up neighborhood watch groups. Often the Police Officer assigned to that precinct stops in to introduce himself/herself. Ms. Anderson noted that block parties are an excellent social event. Ms. Anderson indicated that earlier this year, she discussed some block party concerns with the Council at a work session. She stated she was directed to meet with representatives from the Police Department and the Public Works Department and to draft a block party recommendation for the Council to considers. Ms. Anderson stated she will be meeting with Officer Sal Costa, Tom DeWolfe, and CSO Jeannie Kenow to discuss block party concerns. Officer Costa has been on medical leave from the Police Department and has only recently returned to full duty. Ms. Anderson indicated she has contacted him and they will be meet possibly next week and will draft recommendations regarding block party regulations, where block parties should be held, and whether or not to charge a fee to cover City costs for each party. Council Member Neal moved to adopt a motion approving the block party. Council Member Lyden seconded the motion. Motion carried unanimously. ADJOURN There being no further business, Council Member Kuether moved to adjourn at 9:23 p.m. Council Member Lyden seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, July 27, 1998. ---/14-0-1111-111rti aft4-107\._ Marilyn An erson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. 14 • Council Member Bergeson introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 05 - 96 AN ORDINANCE AMENDING SECTION 1003, SUBDIVISION 2 AND SUBDIVISION 3 OF THE LINO LAKES CITY CODE The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. Section 1003, Building Code, Subdivision 2: Electrical inspector and Subdivision 3: Electrical Permits are hereby repealed and replaced with the following:. Subdivision 1. Electrical Inspector. The position of electrical inspector is hereby established. The person chosen to fill this position shall hold a license as a master or journeyman electrician under Minnesota Statutes, Section 326.242, Subdivision 1 or 2. The Minnesota Electrical Act is adopted by this ordinance. The electrical inspector shall be appointed by the City Council and make electrical inspections required by the Minnesota Electrical Act. Subdivision 2. Electrical Permits. A. No electrical installation in any construction, remodeling, replacement or repair, except minor repair work, as defined in Chapter 3800.3500, Subp. 10 of the Minnesota Rules, shall be made without first securing a permit therefor. B. Permits shall be granted to properly licensed electrical contractors who are registered and bonded by the State of Minnesota or to a company or institution employing a class A master electrician currently licensed by the State Board of Electricity and having on file with the State Board of Electricity and the City of Lino Lakes, a confirmation notice announcing the master of record. (The company/institution employment permit allows wiring in accordance with the Minnesota Electrical Act only on property owned and/or leased and operated by the company/institution.) Permits may be granted to a bona fide owner of single family residential property, who intends to conduct such work on his/her ORDINANCE NO. 05 - 96 Page -2- property and who occupies or intends to occupy the property. If the owner exhibits inability to properly install the electrical wiring in accordance with the National Electrical Code, his/her permit must be canceled and an electrical contractor must permit and complete the installation. The unused portion of the owners permit fee will be refunded. C. Any violation of this article, including a failure to file a permit when required, shall be a misdemeanor violation subject to all the penal provisions of this Code and the State Electrical Act. Any person who shall commence work of any kind for which a permit is required under the provisions of this Code without first having received the necessary permit therefor shall, when subsequently receiving such permit, be required to pay double the fees provided in this article. Section 2: Effective Date. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with Section 3.09 of the City Charter. Passed by the City Council of the City of Lino Lakes this 28th ATTEST: day of May, 1996. I1(1 Marilyn . Anderson, Clerk -Treasurer L. Landers, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. • • • • • Council Member Kuether introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 04 - 96 AN ORDINANCE AMENDING SECTION 900 NUISANCES OF THE CITY CODE, CITY OF LINO LAKES, MINNESOTA The City Council of Lino Lakes, Anoka County, Minnesota does ordain: Section 901.03 Public Nuisances affecting peace & Safety, subsection (4) shall be deleted in its entirety and the following substituted in lieu thereof: 901.03 (4) (a) Noise emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended. 901.03 (4) (b) No person shall engage in or permit construction activities involving the use of any kind of electric, pneumatic, diesel or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 8:00 p.m. on any weekday or between the hours of 9:00 a.m. and 7:00 p.m. on any weekend or holiday. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with the City Charter. Passed by the Lino Lakes City Council on this 28th day of May, 1996. Marilyn . Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing ordinance was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none. Whereupon said ordinance was declared duly passed and adopted. Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-54 RESOLUTION ACCEPTING BIDS FOR BIRCH STREET TRUNK WATERMAIN IMPROVEMENTS. WHEREAS, Pursuant to an Advertisement for Bids for Birch Street Trunk Watermain Improvements, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name and Address Richard Knutson, Inc. 12585 Rhode Island Avenue South Savage, Minnesota 55378 Amount of Bid $566,324.57 S. R. Weidema, Inc. $587,744.80 17600 113th Avenue North Maple Grove, Minnesota 55369 Bonine Excavating, Inc. $598,737.45 12669 Meadowvale Road Elk River, Minnesota 55330 Northdale Construction $625,470.13 14450 Northdale Boulevard Rogers, Minnesota 55374 Brown & Cris, Inc. $639,769.30 19740 Kenrick Avenue Lakeville, Minnesota 55044 S. J. Louis Construction, Inc. $640,090.94 P.O. Box 1373 St. Cloud, Minnesota 56302 Kober Excavating, Inc. $658,527.77 26406 9th Street West Zimmerman, Minnesota 55398 Lametti and Sons, Inc. $679,784.00 16028 North Forest Boulevard Hugo, Minnesota 55038 AND WHEREAS, it appears that Richard Knutson, Inc., Savage, Minnesota, is the lowest responsible bidder, • • • • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Richard Knutson, Inc., of Savage, Minnesota, in the name of the City of Lino Lakes for Birch Street Trunk Watermain, according to the plans and specifications therefore 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 28th day of May, 1996. Marilyn G. nderson Clerk -Treasurer n L. Landers, Mayor The motion for 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, Kuether, Lyden, Neal and Landers. 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 28th , 1996. v �p n �� yn . Anderson, Clerk -Treasurer