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Home My WebLink About06/09/1997 Council Minutes• • COUNCIL MINUTES JUNE 9, 1997 CITY OF LINO LAKES MINUTES DATE : June 9, 1997 TIME STARTED : 6:30 P.M. TIME ENDED : 7:14 P.M. MEMBERS PRESENT : Bergeson, Landers, Lyden, Neal MEMBERS ABSENT : Kuether Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; Recreation Program Supervisor Barry Bernstein; Building Inspector, Peter Kluegel; and Clerk -Treasurer, Marilyn Anderson. Mayor Landers noted that Agenda Item 9, Consideration of an Agreement for Recreational Services for the City of Circle Pines will be considered immediately after Agenda Item 5 and Agenda Items 6D, Consider Ordinance No. 09-97, Zoning Ordinance Text Amendment, and 8A, Consideration of Districts I and II Comprehensive Plan Amendment, will be tabled. The agenda was approved as amended. CONSENT AGENDA Council Member Neal, moved to approve the consent agenda. Council Member Lyden seconded the motion. Motion carried unanimously. ITEM MINUTES, See Agenda No. 11B and 11C DISBURSEMENTS: ACTION Approved May, 1997 ($8,242.47) Approved June 9, 1997 Approved ($178,043.60, Check #47778 - 47898) Centennial Fire District (May 23, 1997) Approved Consideration of a Non -Intoxicating Malt Liquor License and Cabaret License for August Festival, St. Joseph Catholic Church • Re -allocate 1994 Remaining CDI3G Dollars .Approved Approved COUNCIL MINUTES )110 OPEN MIKE • No one appeared under Open Mike. JUNE 9, 1997 UPDATE AND REVIEW OF SENIOR CENTER AND SENIOR ACTIVITIES, PEG SMITH Ms. Smith reviewed the active calendar of events and trips being planned for 1997-1998. Council Member Neal commented on the good attendance at meals and thanked Ms. Smith. Mr. Schumacher inquired regarding the level of participation for out of town trips. Ms. Smith advised they always sell out and reviewed the number of seniors who participate at various activities. CONSIDERATION OF AN AGREEMENT WITH ANOKA COUNTY FOR RESIDENTIAL RECYCLING, JACKIE CONSTANT Ms. Constant reviewed the 1997 Agreement for Residential Recycling executed by Anoka County. This agreement provides financial assistance to the City for expenses incurred in 1997 for the coordination and promotion of recycling in the community. The agreement is also asking for the reimbursement of $33,993.55. Ms. Constant advised this is the standard agreement that the City has entered into with Anoka County in the past. Council Member Bergeson moved to approve the Agreement with Anoka County for Residential Recycling. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF EMERGENCY ORDINANCE NO. 11 - 97 INCORPORATING AN ADMINISTRATIVE EXCEPTION POLICY FOR SEPTIC SYSTEM FAILURES, PETER KLUEGEL Mr. Kluegel reviewed Emergency Ordinance No. 11 - 97 Incorporating an Administrative Exception Policy for Septic System Failures. He advised the Building Department has received requests for septic system repairs on existing lots that require a variance from the existing code. In order to save time to eliminate a health hazard, staff recommends adoption of an emergency ordinance that permits an administrative exception when no other location is available for the drainfield repair. Mr. Kluegel explained this process will only be used as a last resort when all other options have been exhausted. Council Member Bergeson noted the conditions for compliance and asked if they should be included in the motion. Mr. Kluegel explained they should be included. Council Member Neal moved to approve the Emergency Ordinance No. 1 1 - 97 Incorporating an Administrative Exception Policy for Septic System Failures with six conditions as indicated in Mr. KlugeFs report. Council Member Bergeson seconded the motion. Motion carried unanimously. COUNCIL MINUTES JUNE 9, 1997 Ordinance No. 11 - 97 can be found at the end of these minutes. CONSIDERATION OF AN AGREEMENT FOR RECREATIONAL SERVICES FOR THE CITY OF CIRCLE PINES, BARRY BERNSTEIN Mr. Bernstein reviewed the proposed recreation service agreement with the City of Circle Pines and advised the City Attorney and insurance carrier for Lino Lakes have provided input in drafting this document. He extended his appreciation to Ms. Peg Smith and others for their assistance with this project. Council Member Lyden moved to approve the recreation service agreement with the City of Circle Pines as presented. Council Member Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Comprehensive Plan Neighborhood Meetings - Mr. Wessel presented an update on the last neighborhood forum for District 6 which was held last week. He explained the input from all District meetings will be assembled by staff for presentation at the joint meeting between the Task Force and City Council scheduled on July 17, 1997. He announced a second meeting is scheduled for July 24, 1997. Mr. Wessel encouraged interested residents to attend. Consider SECOND READING of Ordinance No. 02 - 97, Rezone Miller's South Glen - Mr. Wessel recommended, since a full Council is not present, that this item be tabled to June 23, 1997. He noted that Ordinance No. 02 - 97 received first reading approval at the May 12, 1997, meeting of the Council. An informal poll of the Council determined a 4/5ths affirmative vote was not present. Mayor Landers recommended further discussion of this agenda item be tabled to the June 23, 1997, Council meeting. Council Member Bergeson moved to table consideration of the SECOND READING of Ordinance No. 02 - 97 and place it on the June 23, 1997 Council meeting agenda. Council Member Lyden seconded the motion. Motion carried unanimously. Consider SECOND READING of Ordinance No. 13 - 97, Rezone Gethsemane United Methodist Church Property (4/5ths Vote) - An informal pole of the Council revealed four affirmative votes. Based on that indication, Mayor Landers stated this agenda item will be considered tonight. Mr. Wessel stated Ordinance No. 13 - 97 received first reading approval at the May 12, 1997, meeting of the Council. The ordinance will allow rezoning of the lakeside of their property from Medium Density Residential (R-3) to Single Family Residential (R-1) to allow the construction ofa parsonage and the future subdivision or approximately seven single family lots. He stated 3 COUNCIL MINUTES JUNE 9, 1997 • Staff recommends approval of the second reading should the Council determine the rezoning of Gethsemane United Methodist Church property is acceptable. Council Member Lyden moved to adopt the SECOND READING of Ordinance No. 13 - 97 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. • • Ordinance No. 13 - 97 can be found at the end of these minutes. Consider Ordinance No. 09 - 97, Zoning Ordinance Text Amendment - This item was tabled earlier upon adoption of the agenda. ENGINEERING DEPARTMENT REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 73, Accept Report and Order Public Hearing for Lilac Street Utility Extension - Mr. Ahrens noted the Council ordered the preparation of a feasibility report investigating utility extension along Lilac Street between Fourth Avenue and Apollo Drive. The report is complete and, in accordance with Minnesota State Statutes 429 and the Lino Lakes City Charter, the feasibility report is to be received by the Council and a public hearing scheduled. Mr. Ahrens advised the public hearing is scheduled for the July 14, 1997, Council meeting and an informational meeting will be held with the property owners adjacent to the project area prior to the public hearing. In response to Council Member Bergeson, Mr. Ahrens noted the MUSA line jurisdiction and the Charter area. He explained he is unable to answer the question presented about the City's position should there be a split in support for this project but noted the Ordinance references "majority of owners affected" so he believes you would have to take all properties as a whole and determine whether it represents 50% or the majority of that group of properties. Council Member Bergeson suggested consideration be given to what the Council's position would be should this scenario occur. Mr. Ahrens reviewed the anticipated time schedule and noted since Charter properties are included, it will probably be September before this project would be ordered. Council Member Bergeson moved to adopt Resolution No. 97 - 73 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 73 can be found at the end of these minutes. Consideration of FIRST READING of Ordinance No. 13 - 97, Amending the Lino Lakes City Code by Amendment to Section 401.01, Connection to Municipal Water - Mr. Ahrens explained the proposed Code revision will allow property owners to connect to municipal water without the current requirement to connect to the other utility (municipal sanitary sewer). The Code revision states that connection to the other utility must be done within a seven year time frame from the later date of connection to the first utility or when the second utility is available. The Code revision is worded this way to cover the case when the watermain is installed but no COUNCIL MINUTES JUNE 9, 1997 sanitary sewer is installed, for example. In this example, the proposed wording defines the seven-year time frame to start when the sanitary sewer is installed. Council Member Bergeson asked if the "clock" would start if the property changes hands. Mr. Ahrens clarified the stipulation follows with the land so it would not start with a change in ownership unless the mortgage company requires it. Council Member Bergeson moved to adopt Resolution No. 13 - 97 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 13 - 97 can be found at the end of these minutes. Consideration of Resolution No. 14 - 97, Amending the Lino Lakes City Code by Amendment to Section 402.02, Connection to Sanitary Sewer - Mr. Ahrens explained this resolution is the same as Resolution No. 13 - 97 except it relates to sanitary sewer. The proposed Code revision will allow property owners to connect to municipal sanitary sewer without the current requirement to connect to the other utility (municipal water). The Code revision states that connection to the other utility must be done within a seven year time frame from the later date of connection to the first utility or when the second utility is available. Council Member Neal moved to adopt Resolution No. 14 - 97 as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 14 - 97 can be found at the end of these minutes. Consideration of Resolution No. 97 - 74, Ordering a Report, Lake Drive Utility Improvements - Mr. Ahrens advised staff previously prepared a feasibility report investigating the extension of utilities from Apollo Drive to Main Street and held a neighborhood meeting to discuss the project with area residents and business owners. He explained the proposed resolution requires Council approval to order the preparation of the report per State Statutes and the Lino Lakes City Charter. Mr. Ahrens advised this action requires a 4/5ths vote of the Council since it is a City -initiated project. Mr. Hawkins stated this is correct, a 4/5ths vote is required. Since a full Council was not present, Mayor Landers polled the Council. Council Member Bergeson inquired regarding the cost of the feasibility report. Mr. Ahrens estimated $5,000 which would be one-half City paid and one-half developer paid. He reviewed the project area and properties to be served. The informal poll indicated a 4/5ths majority was present. Council Member Bergeson moved to adopt Resolution No. 97 - 74 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. 5 • • • COUNCIL MINUTES JUNE 9, 1997 Resolution No. 97 - 74 can be found at the end of these minutes. Consideration of Resolution No. 97 - 75, Receiving Report and Calling a Public Hearing, Lake Drive Utility Improvement - Mr. Ahrens explained the Council is expected to order the preparation of a feasibility report investigating utility extension along Lilac Street and Lake Drive. In accordance with Minnesota State Statute and the City Charter, the feasibility report is to be received by the Council and a public hearing scheduled. The public hearing is scheduled for the July 28, 1997, Council meeting and staff has tentatively planned a neighborhood meeting with Lake Drive property owners prior to that public hearing. Council Member Bergeson requested a copy of the report. Mr. Ahrens stated he thought he had distributed reports for Council review but will request additional copies from SEH. Council Member Bergeson moved to adopt Resolution No. 97 - 75 as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 75 can be found at the end of these minutes. COMMUNITY DEVELOPMENT REPORT, BRIAN WESSEL Consideration of Districts I and II Comprehensive Plan Amendment - This item was tabled upon adoption of the agenda. Recommendation for Reallocating of Interim MUSA for 1997 and 1998 - Mr. Wessel explained that in 1996, the Council approved a MUSA Criteria which included a directive for utilizing the City's 150 acres of Interim MUSA Reserve. Staff estimates that it would take three years to complete the revised Comprehensive Plan at which time additional MUSA would be allocated and the 150 acres of Interim MUSA Reserve would be depleted. Based on this, 50 acres per year was allocated for use by the Council. During 1996, only 9.44 acres of Interim MUSA Reserve was used, leaving a balance of 40.56 acres. Mr. Wessel recommended this 1996 balance be split between 1997 and 1998 at 20.28 acres each, thereby allowing a total disbursement of Interim MUSA Reserve in 1997 and 1998 of 70.28 acres each year. He also recommended unused 1997 acreage, if any, be transferred to 1998. In response to Council Member Bergeson, Mr. Wessel reviewed the developments considered in 1997. Council Member Lyden inquired whether a 4/5ths vote is required for this action. Mr. Wessel explained this is a policy issue established with the Comprehensive Plan criteria so only a simple majority is required. Council Member Lyden moved to deny the Policy on Interim MUSA Reserve Allocation. There being no second to this motion, Mayor Landers declared said motion dead and opened the floor to another motion. COUNCIL MINUTES JUNE 9, 1997 Council Member Bergeson moved to amend the Policy on Interim MUSA Reserve Allocation as recommended by staff. Council Member Neal seconded the motion. Council Member Lyden commented on the importance of establishing a stable tax base and the need for a development policy. He asserted banking MUSA would be counter-productive to that end. Motion carried with Council Member Lyden voting no. OLD BUSINESS - None. NEW BUSINESS Consideration of Extension of the Gas Utility Permit for Centennial Middle School for Minnegasco, Randy Schumacher - Mr. Schumacher explained that in December of 1996, the Centennial School Board had requested Minnegasco to extend gas services to the new Centennial Middle School that was, and is, under construction. Under the existing franchise agreement, Minnegasco needed a temporary permit in order to serve the middle school. Mr. Schumacher explained the purpose of a temporary permit is to allow the City to negotiate a new franchise with Minnegasco which would allow the middle school to be legally served. The City's negotiating committee recommends a 35 -day extension of the temporary permit so as to complete negotiations for a new franchise agreement with Minnegasco. Council Member Bergeson inquired regarding the 35 -day extension and timing of the Council meeting. Mr. Schumacher explained staff believes that within 35 days, it will be in a relatively satisfactory position of having the agreement in place or staff will make recommendations on adjusting the gas services to the Middle School. Council Member Bergeson inquired how this deadline fits into the schedule of Council meetings. Mayor Landers noted a workshop is scheduled on July 9th and the regular meeting is on July 14, 1997. Mr. Hawkins noted the deadline of the 35 -day extension would be July 14, 1997. Council Member Lyden moved to approve a 35 -day extension of the temporary permit to Minnegasco to serve the Centennial Middle School. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Minutes from April 21, 1997 (Council Member Bergeson was absent) - Council Member Lyden moved to approve the Minutes from the April 21, 1997 Council Meeting. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson abstaining. Consideration of Minutes from May 27, 1997 (Council Member Neal was absent) - Council Member Bergeson moved to approve the Minutes from the May 27. 1997 Council Meeting. Council Member Lyden seconded the motion. Motion carried with Council Member Neal abstaining. 7 COUNCIL MINUTES JUNE 9, 1997 • Schedule Special Council Meeting - Mayor Landers announced the scheduling of a special Council meeting on Friday, June 13, 1997, at 11:30 a.m. to deal with a personnel issue. ADJOURN Council Member Neal moved to adjourn at 7:14 P.M. Council Member Bergeson seconded the motion. Aye. These minutes were considered, corrected, and approved at the regular Council Meeting, June 23, 1997. L/2/QAIlt Marilyn G. Anderson, Clerk -Treasurer Transcribed by: Carla Wirth TimeSaver Off Site Secretarial • • L. Landers, ayor Council Member Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 11 - 97 AN EMERGENCY ORDINANCE AMENDING CHAPTER 403, INDIVIDUAL SEWAGE TREATMENT SYSTEMS CHAPTER 70-80, MINNESOTA POLLUTION CONTROL AGENCY WATER QUALITY DIVISION, INDIVIDUAL SEWAGE TREATMENT SYSTEMS, VARIANCES. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a chapter to read as follows: SECTION 1. DECLARATION OF NEED FOR EMERGENCY ORDINANCE Due to conditions existing on properties in need of septic repair wherein a further delay in undertaking of repairs caused by the variance application process could result in harm to the public peace, safety and health, as necessary to provide for an administrative variance in certain limited circumstances. SECTION 2. Section 403.03 Permits, Subd. 4, Variances, is hereby added to Chapter 403 as follows: Subdivision 4. Variances. Where conditions prevent the construction, alteration, and/or repair of a water well or an individual sewage treatment system, on an existing developed parcel of real property, the building official may reduce the property line and building setbacks in system sizing requirements providing said reduction does not endanger or unreasonably infringe on adjacent properties and with the concurrence of the effected properties. SECTION 3, EFFECTIVE DATE. The effective date of the amended ordinance shall be June 9, 1997 and publication according to the City Charter. Passed by the City of Lino lakes this 9th day of June, 1997 Joh.( L.. Landers • • • • ORDINANCE NO. 11 - 97 Page -2- ATTEST: Mari yn Anderson, Clerk -Treasurer The motion for adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Whereupon said ordinance was duly passed and adopted. Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-73 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT. WHEREAS, pursuant to resolution of the council adopted May 27, 1997, a report has been prepared by OSM, Inc., with reference to the improvement of Lilac Street between Fourth Avenue and Apollo Drive by constructing watermain and sanitary sewer. and this report was received by the council on June 9, 1997, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $.176,729. 00. 2. A public hearing shall be held on such proposed improvement on the 14th day of July, 1997, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 9th day of Ju : , 1997. e/ n Landers, Mayor Marlyn G. Anderso///n Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member I,vden and upon vote being taken thereon, the following voted in favor thereof Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether 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 1996. MarlY nG. Anderson, Clerk -Treasurer • Council Member Bergeson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 97-74 RESOLUTION ORDERING PREPARATION OF REPORT FOR LAKE DRIVE WATER AND SEWER IMPROVEMENTS WHEREAS, it is proposed to improve Lilac Street between Apollo Drive and Lake Drive and Lake Drive from 35W to Main Street by constructing watermain and sanitary sewer and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and Chapter 8 of the Lino Lakes City Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 9th d- of June, 1997. /� ir�- 1� mai Nfatilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers. The following voted against same: None, Council Member Kuether was absent. Whereupon said resolution was duly 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 June 9, 1997 Marilyn . Anderson. Clerk -Treasurer • • Council Member Bergeson moved its adoption: introduced the following resolution and • • CITY OF LINO LAKES RESOLUTION NO. 97-75 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT. WHEREAS, pursuant to resolution of the council adopted June 9, 1997, a report has been prepared by SEH, Inc., with reference to the improvement of Lilac Street between Apollo Drive and Lake Drive and Lake Drive from 35W to Main Street by constructing watermain and sanitary sewer and this report was received by the council on June 9, 1997, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 and the Section 8 of the Lino Lakes City Charter at an estimated cost of the improvement of $1,900,000. 2. A public hearing shall be held on such proposed improvement on the 28th day of July, 1997, in the council chambers of the city hall at 6:30 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the City Council this 9th day of June, 1997. ji Marlyn G. Anderson Clerk -Treasurer n Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Lyden, Neal, Landers absent. The following voted against same: None, Council Member Kuether was 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 June 9 , 1996. Mar.,, 7(51. &‘02.,,kg-7k_.- ilyn G. Anderson, Clerk -Treasurer •