HomeMy WebLinkAbout08/13/1981 Council MinutesAugust 13, 1981
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The special meeting of the Lino Lakes City council was called to order at
7:30 P.M., August 13, 1981, by Mayor Gourley with all Council members
present. Mr. Steve Mattson, Juran 6 Moody, Mr. Wayne Long and Mr. Bob
IIFrigaard, OSM, Mr. Ken Meister, Carley, Mr. Locher, Attorney and Mr.
Schumacher were also present.
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MINUTES
Mr. Kulaszewicz moved to approve the minutes of the meeting of August 10,
1981. Seconded by Mr. McLea. Motion carried with Mr. Jaworski abtaining.
ALTERNATIVES CONCERNING PROJECT 81 -01
Mr. Steve Mattson presented his analysis of the two figures provided by
OSM. He reported that, as of this date, the bonds are selling at 12%,
He alo pointed out that with the elimination of the area assessment, there
would need to be additional funding by 1985/86. Mr. Mattson then went
through his analysis and explained the figures to the Council. He presented
the anticipated disbursements and income, noting there would be a deficit
figure in 1985.85, and explained this would have to be obtained from other
sources. This could be either the use of the system or from a mil levy
or both.
Mr. Mattson wanted the Council to understand that this proposal is in the
worst possible manner. He also pointed out that short term bonds, for a
period of three years, can be sold at 10% at the present time and there is
provision by State Law that allows a three year roll over on these bonds.
Mayor Gourley noted the connection porjections and Mr. Mattson explained
that figure representes only those persons abutting the trunk line and does
not take into account any extension of laterals.
Mayor Gourley asked, if short term bonds were sold, when is an assessment
hearing held? Mr. Mattson said this is a very tough question to answer -
there is a possibility of the interest changing - he suggested that it would
be easier to asses at the maximum and if the bonds are sold at less, then
the interest could be lowered. Mr. Mattson pointed out that there are a
lot of variables in this proposal.
Mr. Wayne Long pointed out that the figures presented by Mr. Mattson re-
presented a shortened version of the project that was presented at the Public
Hearing. This represented construction of the pump station, the lateral
down Hodgson Road, the trunk line up #8 to Elm, over Elm to 4th Avenue, up
4th Avenue to Lilac, with a leteral from Elm to I35 W along #8. The larger
project represented is the same project as described with the addition of
a lateral along Lilac to #8 and North on #8 for approximately 500 feet.
This would then serve all lands that were included in the original petition.
Mr. McLean said a third alternative was being discussed - this would end the
trunk at the North side of the freeway with an extension up #8 to the free-
way. Mr. McLean felt this cost had been represented at approximately 1.9
million. Mr. Long pointed out that was the project cost - the figures
presented by Mr. Mattson represented all costs.
Mr. Long pointed out that all wet lands and unbuildable lands had been
eliminated from the acres that would be assessed.
It was pointed out that the 1.9 million dollar project included a shortened
lateral along #8 - approximately 1000 feet only.
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It was suggested that som e of the lands on the Northern portion of this
project along #8 could be served by a lateral through the Industrial
Park to the East thus serving those properties.
Mrs. Elsenpeter asked if this third alternative is cost effective? and.
Mr. Long felt that the numbers presented by Mr. Mattson would be just
scaled down.
Mayor Gourley asked if there is an advantage to cutting this project
back to the third suggestion or would, with a petition from Mr. Schilling,
the figures come back to where they are now - just in two separate projects.
and Mr. Long agreed.
A recess was called at this point in the meeting to allow the audience to
ask questions of the Engineer. The meeting reconvened at 8:35 P.M.
Mayor Gourley asked if there were any questions from the Council. Mr.
Kulaszewicz had none. Mr. McLean had none - Mrs. Elsenpeter had none.
Mrs. Elsenpeter moved that the Council order the project based on alter -
native #1, assessing only the abutting property owners, to authorize
Juran 8 Moody as Bond Consultants for this project. Mayor Gourley
seconded the motion.
Mayor Gourley amended the motion to delete the lateral on #8 from Elm
Street North, and to state that Juran 8 Moody are being named the Financial
Consultants and they are authorized to proceed with the preparation of a
sale of temporary bonds.
Mr. McLean asked the cost of the project after the deletion of the
lateral? Mayor Gourley asked for a second to the amendment. Mr.
Jaworski seconded.
Mr. Long felt, with the elimination of this lateral, the cost should be
about 2/2.1 million. Mr. McLean felt that without these figures, how
can this Council approve something that nothing is known about?
On the amendment, the voting was as follows: Mr. Kulaszewicz - No; Mr.
Jaworski - Yes; Mr. McLean - No; Mrs. Elsenpeter - Yes; Mayor Gourley -
Yes. The amendment passed.
Mr. McLean questioned the cost figures on this propsoed alternate #4. Mr.
Mattson pointed out that nay project that is approved, the figures must
be finalized. He would need a couple of days to finalize these figures.
Mr. McLean said he would like to point out the current economic con-
ditions which have a negative effect on the tax payer's ability to absorb
additional committments in that the deteriorating conditions of the State
of Minnesota in attracting and retaining industry plus the fact that there
is already an over abundance of attractive industrial sites available in
close geographical proximity to the Metro area competing for an ever
lessening group of companies who might desire sites in this State. The
fact that none of the alternatives for sewer that we've been looking at,
involve a plan were the benefitted petitioners actually absorb the
whole thing.
On voting on the motion, the voting was as follows: Mr. Kulaszewicz, -
No; Mr. Jaworski - Yes; Mr. McLean - No; Mrs. Elsenpeter - Yes; Mayor
August 13, 1981
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Gourley Yes. The Motion passed.
PUBLIC HEARING - PROPOSED USAGE FEDERAL REVENUE SHARING FUNDS
Mr. McLean moved to sett his hearing for September 14, 1981 at 8:00 P.M.
Seconded by Mr. Kulaszewicz. Motion carried unanimously.
LAKES ADD. #1 - OLD LOTS OF RECORD
Mr. Schumacher reported this had been brought to his attention by the Build-
ing Inspector. In Ordinance #56, old lots of record must meet 60% of the
current requirements, to be built on. It was felt that the City could have
some liability in this area and he suggested that some specific policy be
set for development in this area. These lots have frontage from 78 feet to
100 feet and are on the Lake side and was originally platted for sewer
service.
Mr. Schumacher suggested requiring the system to be sized to handle the
full capacity of the home - or require the system to be installed in such
a manner as to insure a back -up system can be installed.
Mr. Kluegel said he has no problems with the set backs - even with the
lots on Orange Street(which are old lots of record). He is concerned with
the possibility of a second 'system being needed and no place to install.
Mr. McLean suggested that the City Administrator get together with the
staff and formulate some suggestions for Council consideration.
I Mayor Gourley asked if a system is not designed to conform with the number
of bedroom potential of the home and Mr. Kluegel said, Yes. Mayor Gourley
suggested that this Council require a second site be available on the site.
ENGINEER's REPORT - 49 CLUB SEWER PROJECT
Mr. Meister reported on the alternative methods by which this cost could be
assessed to those properties involved. The first method is based on an
equal charge of $6,468.00 per unit; 2) based on construction and usage
$2,310.00 per unit; 3) normal cost per unit - 2700.00 per lot for 4 lots
and the 49 Club would pay the balance of 21,543.00. Mr. Meister said they
are looking for some direction from the Council.
The matter of how many units should be assessed to each location was dis-
cussed and it was decided that the Ice Cream Parlor should be assessed two
units and the 49 Club only 9 units.
Mr. McLean moved that the assessment policy be according to alternate #3.
Seconded by Mrs. Elsenpeter. Motion carried unanimously.
ORDINANCE CODIFICATION
Mr. SChumahcer pointed out this action had been budgeted for in the 1981
budget in the amount of $6,000.00 and the same amount in 1982. Mr. Schumache
reported that four firms had been contacted and interviewed. The results
were 1) 7,000.00; 2) 5,500.00; 3) 10,500.00; 4) 8,500.00. There are some
flexiability in the number of copies provided. Mr. Schumacher recommended
the firm of Collins, Hoff and Allen be awarded the contract for this pro-
ject. This firm ahs very good credentials, has worked for the League of
Minneosta Cities, and has done this work for other Cities.
50 August 13, 1981
Mayor Gourley asked if there had been a contract prepared and Mr.
Schumacher said he only had a letter of intent. Mr. Locher suggested
that a contract be written and he suggested that this be forthcoming
from the firm. Mr. Schumacher will contact the firm with this information
and also request that a payment schedule be submitted.
A recess was called at this point in the meeting - the meeting reconvened
at 9:45 P.M.
REAPPORTION ASSESSMENTS ON BLACK DUCK DRIVE - LAKES ADD. # 7.
Mayor Gourley reported that he had talked to the developer and he has
agreed to the administrative costs. Mr. Schumacher reported that this
request is to spread the existing assessments on Outlot H over the pro-
posed 44 lots equally. There must be another hearing for an amended
assessment. Mr. Schumacher had recommended that an administrative cost
of $300.00 be assessed to the developer.
The Council is agreeable to this request with an additional $300.00
administrative cost to be paid by the developer. The Clerk is to prepare
the assessment roll for the next Council meeting and a hearing date will
be set at that time. Mr. Blackbird said the administrative costs will be
a cash payment to the City and not a part of the assessment.
PETITION - IMPROVEMENTS LAKES ADD. #7.
Mr. McLean moved that the City Engineer, Milner Carley, be instructed
to prepare a feasibility report for this improvement. Seconded by Mr.
Kulaszewicz.
Mayor Gourley suggested that some agreement with the developer for a
financial guarantee in order to avoid the problems that surfaced when the
improvements were put in on Black Duck.
There was the suggestion of a surety bond in the amount of 12 time the
estimated costs be provided to the City. Mr. Blackbird said he had done
some preliminary work on the costs and said ti whould be areound $450,000.
The would mean there should be a surety bond in the amount of $600,000.
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Mr. Balckbird asked if the City would consider a cash amount being deposit-
ed in the bank for City use? He said surety bonds are almost impossible
to obtain.
Mr. Schumacher felt the amount of money to be deposited should be based
on how the assessments are spread.
Mr. Jaworski suggested that each lot that is developer - 12 times the
assessment be paid in full, thus insuring there is an escrow amount on
deposit at all times.
Mr. Balckbird said they would agree to one or the other. Mayor Gourley
asked that this be worked out with Mr. Schumacher.
Mr. McLean asked what type of security should the City require to' be on
deposit before the feasibility study is ordered and Mr. Locher said, the
best would be cash. Mr. Locher read the Ordinance that pertains to this
requirement.
Basically, what the Council is asking from the Engineer is a preliminary
cost estimate in order for this security amount to be set, then the
August 13, 1981
feasibility study ordered and then plans and specifications.
Mayor Gourley asked Mr. Locher if this was correct and Mr. Locher said,
Yes. Mr. Jaworski asked if this could be done with a contract and what
kind of a cost are involved? Mr. Meister said between $5000.00 and
$10,000.00.
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Mr. Jaworski moved to amend the motion to state, that prior to proceeding
with the feasibility study, a contract be set up with the developer stating
that the developer will be responsible for the costs incurred for prepara-
tion of the feasibility study. Seconded by Mr. McLean. Motion and amend-
ment were voted on as one and carried unanimoulsy.
ADJUSTMENT OF FEE SCEDULE - LICENSES AND PERMITS
Mayor Gourley moved to table this matter and consider at budget hearings.
Seconded by Mr. Jaworski. Motion carried unanimously.
ATTORNEY's REPORT.
Mr. Locher had no report.
ORDINANCE - MORATORIUM ON PLATTING
This Ordinance sets a moratorium on all platting outside the designated
sewer areas.
Mr. Jaworski asked, if a plat has been started, will this Ordinance apply
to that plat also? Mr. Locher said this would be a Council decision.
Mayor Gourley and Mr. McLean felt that anything that has been presented to
P &Z should be allowed to continue.
Mr. Schumacher pointed out that this Ordinance was to eliminate the
necessity of amending the Comprehensive Plan and to allow the City time to
set the controls in motion after the Comprehensive Plan has approval.
Mayor Gourley felt that the cut -off should be immediate and only items
that have been received in the office and placed on the : &Z agenda as of
this date should be allowed to continue.
Mrs. Elsenpeter moved to adopt this Ordinance and request the Clerk to
publish. SEconded by MR. Jaworski. Mayor Gourley amended that the cut -off
be established as to the work that was in the offices as of this date. It
was suggested that the cut -off be as of the date of publication. Mr.
Jaworski moved to make the cut -off be the work that is in progress as of
the date of publication. Seconded by MR. Kulaszewicz. Motion carreid.
FIRE FIGHTING SERVICES
Mr. Jawroski felt that a special meeting should be held for this study to
be considered. Mrs. Elsenpeter moved to set a special meeting for Wednesday,
September 2, 1981 at 8:00 P.M. Seconded by MR. McLean. Motion carried
unanimously.
SUMMARY - ORDINANCE #83
This is for publication
the new State Law. Mrs
this summary. Seconded
in leiu of the entire ordinance made possible under
. Elsenpeter moved to authorize the Clerk to publish
by Mr. Kulaszewicz, Motion carried unanimously.
August 13, 1981
OLD BUSINESS
Cable TV Survey - Mrs. Elsenpeter noted this was in the last packet and
this was an analysis of the survey that hadn been mailed. The first
meeting of the Advisory Commission has been held and there will be a
second one sometime this month. Mrs. Elsenpeter asked for a second
alternate since it is improtant to have both representatives present at
those meetings.
This will be done by Resolution at the next meeting.
METRO STAFF COMMENTS
Mr. Schumacher said that Metro Staff has reported that the City's
Comprehensive Plan is consistent and the only problem was in the area
of trails around Otter Lake.
Mayor Gourley felt thsi had been dropped at a meeting last year. Mr.
McLean asked if this was the winter trails? he said this is City owned
land and the proposal was by this City.
Mr. Schumacher said the other issues were 1) what the City does with its
solid waste, and 2) solar access. These should be addressed.
NEW BUSINESS
News Letter - Mr. Schumacher asked for authorization to send out a news
letter. Mrs. Elsenpeter moved to authorize this action. Seconded by
Mr. Jaworski. Mrs. Elsenpeter asked who was to do this? Mayor Gourley
asked for a vote on the motion - this can be discussed later. Motion
carried unanimously.
Shenandoah III - Mayor Gourley said he had gone through this development
and found the curbs were bitumious and not concrete, which is required by
Ordinance. Mayor Gourley said a week later the curbs are already damaged
by either bicycles or cars. with some places where there has not been any
back fill and they are deteriorating. Mayor Gourley said he was very sur-
prised to find that concrete curbs had bot been installed since this had
been discussed with the developer sometime earlier. He was also surprised
that this work had been supervised by Carley Engineering since this firm
had only been authorized to compete hsi work on Ulmer's Addition.
Mr. Meister felt that any work this firm had sarted at that time, they
would be allowed to finish, and this was one of the projects. He said they
had a contract with the developer and this contract must be honored. Mr.
Meister said this type of curbs was in the plans and specifications approved
by this Council in 1979.
Mayor Gourley asked if compaction tests had been done and Mr. Meister said,
Yes. Mayor Gourley said this is part of the new oridnance and the curbs
are part of an old oridnance - why was two ordinances followed? Mr.
Meister said his firm does the compaction test for the developer and the
firm.
Mr. McLean usggested that Mr. Carley be invited to a Council meeting
to discuss this issue.
Mayor Gourley asked what is gonna happen to these curbs and Mr. Meister
said they would have to be repaired and they must be allowed to cure for
a certain time before they can be backfilled,
August 13, 1981
There was some discussion on the mail boxes along Birch Street for this
development. Mrs. Elsenpeter noted that this problem is already in the
process of being taken care of.
There is a closed meeting in the City Administrator's office immediately
after this meeting to discuss litagation.
Mr. Jaworski moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 10:35 P.M.
These minutes were considered and approved at a regular meeing held on
August 24, 1981.
lerk- Treasurer
August 24, 1981
The regular meeting of the Lino Lakes City Council was called to order at
7:30 P.M., August 24, 1981 by Mayor Gourley. Council members present;
Elsenpeter, Jaworski. Absent; Kulaszewicz, McLean. Mr. Locher, Mr. Meister,
and Mr. Schumacher were also present.
On considering the minutes of the May 27, 1981 and July 15, 1981 Public
Hearings meetings, it was noted there are several ommissions. Mr. Jaworski
moved to table consideration until the next meeting. Seconded by Mrs.
Elsenpeter. Motion carried unanimously.
IIIConsideration of the August 13, 1981 mimutes was on the agenda next. Mr.
Al Ross interrupted to ask if the original plan for sewers had been aborted
and Mayor Gourley said the action taken was approval only a shorter version.
Mr. Ross said that is not what he asked - he is asking if the main original
project was aborted? His concern was that the $600.00 area wide assessment
is still on there - Mayor Gourley said that particular assessment was
eliminated. Mr. Ross - is there anything in the minutes anyplace that they
can see that the project was aborted. Mayor Gourley said the Council did
not take any action to abort the project - the action taken was to approve
a shorter project. Mr. Ross asked Mr. Locher, isn't it correct that the
Council should abort the first priject before they go into a second one?
if not, there are a lot of things hanging fire - we as citizens got a right
to know and I'd like an answer on that.
Mr. Locher said the the action was to put in part of the system and not
all and in doing so, automatically rejects the rest of it. Mr. Ross said
he understood what he was saying but he would feel a lot more comfortable
if it would say it in the minutes - we don't know if that is automatic or
not. And sure would make us feel a lot better if it was on a motion in
the minutes and I don't see whats wrong with that - it only takes one
minute to do it.
Mr. Locher said this is inherent in the motion but it's up to the Council
if they wish, but there are only three members present this evening.
Mr. Ross siad he would have no problem if it was laid over until the next
meeting.
Mayor Gourley suggested that Mr. Ross bring his question back to the Sept.
14, 1981 meeting. Mr. Ross thought he would be out of town and asked
that the records show this.