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HomeMy WebLinkAbout08/13/1984 Council MinutesJuly 23, 1984 Mr. Reinert disagreed with this in that provisions have been made for this area - it is now zoned NB. 273 Mayor Benson asked Mr. Grubbs when he planned on starting his project and Mr. Grubbs said as soon as he has approval. Mr. Grubbs pointed out that this delay is not of his doing - this is by Council action. He did not feel that he should be penalized for this reason. Mr. Marier requested that in the future the Council only consider what is put before them and not add to a resident's request. Mr. Marier moved to reconsider the second reading Ordinance #04-84 - Grubbs rezoning request. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Marier moved to approve Ordinance #04 -84 and waive the reading. Seconded by Mr. Reintert. Motion carried unanimously. Mr. Reinert moved to adjourn. Seconded by Mr. Bohjanen. Aye. 10:00 P.M. These minuste were considered, corrected and approved at a regular Council meeting held on August 13, 1984. Attest: _ 4161111111! njamin G se son, Mayor &A-a- (L&Y(.4(-6)LJ Edna L. Sarner, City Clerk August 13, 1984 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., August 13, 1984 by Mayor Benson with all members present with the exception of Mr. Reinert. Mr. Hawkins, Mr. Davidson, Mr. Schumacher, Mr. Volk, Mr. Kluegel and Mrs. Sarner were also present. MINUTES - JULY 23, 1984 Mr. Marier moved to approve the minutes as presented. Seconded by Mr. Bohjanen. Motion carried with Mr. Kulaszewicz abstaining. DISBURSEMENTS - July 31, 1984 /August 13, 1984 Mr. Marier moved to approve the disbursements of July 31, 1984. Seconded by Mr. Kulaszewicz. Motion carried unanimously. On considering the disbursements of August 13, 1984, Mr. Marier re- quested that a complete report be made on the cost of the phone service, particularly what is paid to Chase - Manhattan. Mr. Marier moved to approve the disbursements as presented. Seconded by Mr. Bohjanen. Motion carried unanimously. 274 August 13, 1984 OPEN MIKE Mr. Mel Smith of the West Oaks area appeared before the Council to offer an update on the status of the section of Ash Street that has been in question. After some discussion on the various aspects of this issue, the main concern of the Council was the legal aspects of this street and just who is responsible for the street. Mr. Hawkins said there are some state statutes governing problems such as this. He would like some time to research the law before he pre- sents an opinion as to the responsibility of the street. Mr. Marier moved to allow Mr. Hawkins time to research this matter and have an answer to the City within 10 days. Mr. Marier added that this matter will be on the August 27, 1984 agenda with all other interested parties to be invited to attend this meeting. Seconded by Mr. Kulaszewicz. Motion carried. 7:15 P.M. PUBLIC HEARING - ASH STREET UTILITIES Mayor Benson opened the Public Hearing at 7:35 P.M. Mr. Davidson pre- sented his report on the installation of water and sewer along Ash Street in conjunction with the system being installed by the City of Shoreview. Mr. Davidson pointed out a portion of the street that would not be able to be serviced by the sewer due to the depth of the line. There would need to be some sort of a lift station for those properties to be able to get into the system. Mr. Davidson presented the estimated costs for the installation of these facilities. For an average 100 foot lot the total estimated cost would be $7,514.00. Mr. Davidson recommended that the area be separated - the large lots on the West end could only receive water - while the lots on the East por- tion would be able to receive both water and sewer. Mr. Davidson pointed out that some people can be serviced immediately and some people can be deferred until a later date. He suggested a Joint Powers Agreement be negotiated with the City of Shoreview and these are items that could be discussed at that time. He reported that Shoreview will be opening bids on September 5, 1984 - so the City has time to make a decision on this matter. Mr. Reinert arrived at 7:40 P.M. Mr. Davidson noted this project will be installed regardless of whether Lino Lakes residents participate or not. Mayor Benson asked about the residents who are interested in this proj- ect and Mr. Schumacher said letters had been sent asking for an indica- tion of interest in this project from the residents and those letters are on file in the office. There are some questions from residents of the area which Mr. Davidson answered. 1 August 13, 1984 275 Mayor Benson asked how many residents from the area that are present are interested in this project and approximately six were, only one person expressed a negative response. Mayor Benson asked that a sign up sheet be passed for those residents present to express their prefer- ence. An owner on the West end of the street wants to develop his property and asked that the possibility of service to his land be checked. Mr. Davidson was not including that area for service at this time due to the depth of the sewer line. The line is not being installed deep enough to service that portion of Ash Street. Mr. Kulaszewicz moved to close the Public Hearing at 8:25 P.M. Seconded by Mr. Bohjanen. Motion carried unanimously. Mr. Marier moved to authorize Mr. Davidson and Mr. Schumacher to meet with Shoreview and work out a Joint Powers Agreement for study by the Council. Seconded by Mr. Bohjanen. Motion carried unanimously. Mr. Marier moved to authorize Mr. Davidson and Mr. Schumacher to meet with Shoreview and work out a Joint Powers Agreement for study by the Council. Seconded by Mr. Bohjanen. Motion carried unanimously. The persons not present at this meeting will be contacted for their input. A ten minute recess was called at this point in the meeting. The meeting reconvened. PUBLIC HEARING - VACATION OF LAMOTTE PARK Mayor Benson called the public hearing to order at 8:35 P.M. and asked Mr. Hawkins to update the Council on the legal aspects of this issue. Mr. Hawkins explained the City can vacate this park land but has no authority to sell the land. The land would revert to the underlying fee owner. The land can be vacated by the Council if the Council deems this to be in the best interest of the City. This proposed vacation has been recommended by the Park Board. Mr. Schumacher explained the Park Board felt this is excess park land and does not fit in with any of the development plans of that Board. Mr. Roger Hoffmeister presented the Council with a petition signed by the residents of the street expressing their disagreement with this proposal. They want the area left as is and to be used as green space. Mr. Marier asked what the residents want done with this area and Mr. Hoffmeister said just grade, seed and leave as an open area. Just a place for the kids to play. They are not asking for a developed park, just an area for the kids in the area to use. The residents of the area offered to do the mowing if the City leveled and seeded. There was a question of the City's liability if someone maintaining the park was injured and Mr. Hawkins said the City's insurance would cover them and he suggested contacting the insurance carrier for this informa- tion. 276 August 13, 1984 Mayor Benson asked if any of the residents were present at the Park Board meeting when their decision to recommend vacation was made and the people said no, they were unaware of the meeting. Mr. Marier moved to close the public hearing. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Copies of the Park Board minutes containing the decision by that Board were read. Mr. Reinert stated that he felt the City should keep this land for the use of the citizens in the area. Mr. Kulaszewicz felt it could be kept on a trial basis. Mr. Marier felt the Park Board made a decision and the Council is overlooking that decision. After some discussion on this issue, Mr. Marier moved to send this back to the Park Board with all the information and asked for a clarification. A notice of this meeting to be mailed to all LaMotte residents. Seconded by Mr. Reinert. Motion carried unanimously. PUBLIC HEARING - CONDITIONAL USE PERMIT - AVERBECK Mayor Benson opened this public hearing at 9:15 P.M. Mr. Kluegel noted this Conditional Use Permit is a request for a nursery greenhouse in an ER area located at 7855 Lake Drive. Planning and Zoning had recommended approval with the stipulation that all parking areas be blacktopped. There was one letter of protest to this request which Mr. Schumacher read. Mrs..Averbeck discussed her future plans with the Council and explained the current operation. Mr. Kulaszewicz moved to close the Public Hearing at 9:25 P.M. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Kulaszewicz moved to approve the Conditional Use Permit for Gary and Arlene Averbeck at 7855 Lake Drive per the recommendations of the Plan- ning and Zoning Board. Seconded by Mr. Marier. Motion carried unani- mously. RESOLUTION - #84 -23 WEBER PLAT RESOLUTION #84 -23 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS Whereas a resolution of the City Council adopted April 23rd, 1984 fixed a date for a Council hearing on the following described improvement: the installation of sewer on Tomahawk Trail from Birch Street East to the border of Shenandoah II and WHEREAS, published and mailed notice of the hearing as required by the Lino Lakes City Charter was given and a hearing was held August 13, 1984 thereon on the 29th day of May, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, a period of sixty (60) days has elapsed after the public hearing and no petitions have been filed against the improvement as provided by in Section 8.04, Subd. 1, of Chapter 8 of the Lino Lakes City Charter. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA. 1. Such improvement is hereby ordered as proposed in the Council Resolution adopted on the 29th day of May, 1984. 2. John Davidson of TKDA is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of August, 1984. EC) 277 Edna L. Sarner, City Clerk Mr. Kulaszewicz moved to approve the foregoing Resolution. Seconded by Mr. Reinert. Mr. Schumacher asked this be contingent upon the re- ceipt of a signed Contractor's Agreement. This was accepted as an amendment to the motion. Motion carried unanimously. RESOLUTION - #84 -24 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISMENT FOR BIDS. Whereas. pursuant to a resolution passed by the Council on the 13th day of August, 1984, the City Engineer has prepared plans and specifications for the improvement of Tomahawk Trail between Birch Street and the West line of Shenandoah II plat and has presented such plans and specifications to the Council for approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 278 August 13, 1984 2. The City Clerk shall prepare and cause to be inserted in the official papers and the Construction Bulletin and advertisement for bids upon the making of such improvement under such approved plans and specifica- tions. The advertisement shall be published for ten (10) days, shall specify the work to be done, shall state that bids will be opened on August 27, 1984 at 10:30 A.M. in the Lino Lakes Council Chambers, 1189 Main Street, Lino Lakes, MN and considered by the Council at 7:30 P.M. on August 27, 1984 and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for 5% (five percent) of the amount of such bid. Adopted by the Council this 13th day of August, 1984. s, (V-' E dna L. Sarner, City Clerk Mr. Kulaszewicz moved to approve the foregoing Resolution. Seconded by Mr. Marier. Motion carried unanimously. AWARDING BID FOR SEAL COATING Mr. Davidson reported this project had been advertised and four bids had been received. The low bidder was Allied Blacktop in the amount of $27,291.80, the Engineer's estimate was $29,120.00. Mr. Davidson re- commended the bid be awarded to Allied Blacktop. Mr. Marier moved to approve this recommendation. Seconded by Mr. Kulaszewicz. Motion carried unanimously. STATUS REPORT - SHERWOOD GREEN STORM SEWER 1 1 Mr. Davidson reported on his meeting with Mr. LeBlond and outlined the proposed line for a storm sewer through his property. The meeting led to three alternatives. Mr. Davidson outlined these alternatives. Mr. Davidson said Mr. LeBlond was very cooperative and had agreed to parti- cipate in a temporary solution to this problem. Mr. Davidson recommended a temporary easement for one year to do minor grading and establish a surface drainage across the LeBlond property. At the end of one year a permanent solution shall be ordered and the LeBlond property shall be restored to its original status. This would only solve the problem on the Northeast corner of the property and would not solve the problem on the Southeast of the property. There was some discussion on the source of the water problems with some citizens believing this originates along Main Street. August 13, 1984 279 Mr. Davidson said he had looked at this and there are two separate /a/ systems - and is immaterial to this problem. Mayor Benson questioned the installation of a temporary system when a permanent plan is available and Mr. Davidson said there is a time problem. Mayor Benson asked how soon this could be started and Mr. Davidson said in September and formulate a permanent solution for con- struction in the spring. It was pointed out Mr. LeBlond will allow the temporary solution only if a permanent solution has been presented. Mr. Schumacher suggested Mr. Nelson be contacted for participation in this project. RESOLUTION #84 -25 RICE LAKE ESTATES WATER AND SEWER PROJECT RESOLUTION #84 -25 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, WHEREAS, WHEREAS, a Resolution of the City Council adopted the 14th day of May, 1984, fixed a date for a Council hearing on the pro- posed improvement of North Road from the West City limits to 2nd Avenue, South on Highway #49 to Rice Lake Estates, North on 2nd Avenue to Elm Street, East on Elm Street to 4th Avenue, North on 4th Avenue to 77th Street, thence East on 77th Street to Lake Drive, pursuant to a petition of affected property owners, and ten (10) days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the llth day of June, 1984 at which all persons desiring to be heard were given an opportunity to be heard thereon, and a period of sixty (60) days has elapsed after the public hearing and no petitions have been filed against the improve- ment as provided in Section 8.04, Subd. 1, Chapter 8 of the Lino Lakes City Charter. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council Resolution adopted the llth day of June, 1984 contingent upon the receipt of a Developers' Contract from the following property owners; 1. Rehbein Excavating 2. Schilling Construction 3. Ulmer Construction 4. Tilsen,Properties 5. Rice Lake Estates 2. Mr. John Davidson of TKDA is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. 280 August 13, 1984 Adopted by the Council this 13th day of August, 1984. i a3// i psi Edna L. Sa`rner, City Clerk n_7ami . Benson, Mayor Mr. Davidson presented his report on this project noting the items that have been cleared as of this point in the project. He then outlined the route of the system as proposed. The land included within this area has been computed for the ultimate cost for these assessments. Mr. Davidson noted that some of the developers wish to phase in their proj- ects and some wanted to develop immediately. Mr. Davidson then presented some alternative for the establishment of the assessments. He suggested a bond issue spread over a 16 -year period for the undeveloping areas and a different assessment period for the developing areas._ The total assessment on an acreage basis would be $8,746.00 per acre. Mr. Davidson presented some estimated cost figures for the developing areas. Imme- diate negotiation with the Correctional Facility would begin at once with perhaps sharing their water supply for a short time. He suggested this be done in a 3 to 5 year period and outlined the time frame for the development. Mayor Benson asked if he has the Developers Agreement and Mr. Schumacher said, no and this is why this has been included in the Resolution. Mr. Schumacher reported that the developers feel that the 100% requirement by the Council is too expensive and he asked this be discussed. Mr. Hawkins said this is a Council decision and is based on how much development they want and how fast. He said there are communities who require letters of credit of only 35% - another community requires 15% in cash up front and this amount is held in escrow for the length of the assessment period and used to pay off the balance of the assessment. Mr. Davidson suggested a three year temporary bond and at the end of that period, the needs should be clear. Mr. Reinert asked Mr. Hawkins how many communities have the 100% require- ment and Mr. Hawkins said he was unaware of any at this time. After some discussion this issue, Mr. Reinert felt that perhaps this Council should re -think their position on this requirement. He felt this was a chance for the City to have something positive. Mr. Davidson suggested holding the assessment hearing up front and cert- ify to the County in 1984 for 1985 collection. This eliminates capital- ized interest, thus reducing the cost of the project and gives the Council an idea of the income for the support of the bond of issue. Mr. Bohjanen moved to continue this meeting past the normal adjournment time. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Schumacher noted this is only a draft resolution - the major part is the requirement of the Council as to the Developers' agreement. This should be finalized. August 13, 1984 281 Mayor Benson said he liked Mr. Davidson's suggestion of holding the hearing first. Mr. Hawkins felt this could result in the City having to pay for the costs of the plans and specifications if the developers backed out. The main concern of the Council is that the City not have to pay for any of the assessments. Mr. Schumacher suggested that some developers have a letter of credit with only one year being collectable. This releases some of their capital for working capital. This was discussed by the Council and generally it was felt that this would protect the City and would also give the developers a break. Mr. Davidson asked for authorization to start working with the Correc- tional Facility and the Council give their permission. There was discussion on the splitting of the project and splitting the bond issue into two separate issues. Mr. Schumacher asked for permission to work out the Letter of Credit with the developers in conjunction with Mr. Davidson and Mr. Hawkins perhaps along the lines that he had suggested. The Council agreed. If this can be worked out, then this will be brought back to the Council for their consideration. Mr. Marier moved to table consideration of this Resolution. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ORDINANCE #05 -84 BASTIEN REZONE 2nd READING Mr. Kulaszewicz moved to approve this Ordinance as presented and waive the reading. Seconded by Mr. Bohjanen. Motion carried unanimously. ORDINANCE 06 -84 TRANSMISSION TOWER AMENDMENT 2nd READING Mr. Kulaszewicz moved to waive the reading of this Ordinance and approve as written. Seconded by Mr. Marier. Motion carried unanimously. ATTORNEY'S REPORT Mr. Hawkins presented the Council a copy of the Supreme Court's decision on the Wilson suit. He outlined the background of the case and noted that both the County Court and Supreme Court had dismissed the case against the City but the Supreme Court allowed inverse condemnation. The City's insurance carrier will no longer defend the City in this case. The case is now back in Anoka County District Court with per- mission to Mr. Wilson to amend his pleadings. Mr. Wilson's attorney has contacted Mr. Hawkins for an out -of -court settlement negotiations. There has been a meeting set up for tomorrow morning to discuss this matter. Mr. Hawkins will keep the Council informed as to the progress. Mayor Benson asked that the Council be kept up to date on all discussion on this matter. Mr. Hawkins had researched the Anti -Trust law and felt this would not apply to the consideration of which company to grant permission to serve the Rice Lake area with natural gas. 282 August 13, 1984 NORTH CENTRAL /CIRCLE PINES GAS PROPOSALS Mr. Gallaher of North Central presented Mr. Jerry Simon, their attorney. Mr. Simon presented the Council with a history of the gas service with the City of Lino Lakes, noting the various law suits that have ensued over the years between the two companies. Mr. Smith of North Central verified the rates being charged by North Central and presented a copy of the rate sheets to the Council. He also noted that North Central pays personal property taxes and that a portion of that works its way back to this community. Craig Rapp, Circle Pines Adminsitrator, presented the proposal for the City of Circle Pines and noting this addition could benefit both communities in the area of profits. Mr. Rapp presented some of the cost items in conjunction with installa- tion noting that there are some alternatives that could be done differ- ently as to the installation but these are things that he would want to discuss with the Council before a decision is made. The Council received the information from both companies and took some testimony from residents in the audience. Mayor Benson said the Council will take both proposals under advisement and this matter will be on a future agenda. Both North Central and Circle Pines will be notified. 1st READING ORDINANCE 07 -84 - HOME RULE CHARTER AMENDMENTS This Ordinance must be considered at a Public Hearing. Mr. Marier moved to set a Public Hearing for August 27, 1984 at 7:15 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CONSIDERATION OF HIRING ACCOUNTING CLERK Mayor Benson noted that the Ways and Means Committee had met earlier this evening and interviewed the four finalists for this position. Mr. Schumacher noted that over-200 applications had been received for this position. The Ways and Means Committee had recommended the hiring of Mr. Joseph Huss at an entry level position with a salary of $16,000.00 a year. Mr. Huss is a CPA with a good educational background. Mr. Marier moved to approve the employment of Mr. Joseph Huss as Lino Lakes Accounting Clerk at a salary of $16,000.00 per year to be re- viewed in six months. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ESTABLISHING A SENIOR COUNCIL Mr. Schumacher noted that the completion of the Senior Center is getting very near and as has been discussed previously, he would like to see this Council get started on the programs for the seniors of the area. It was suggested members may be obtained by advertising or by word of mouth. PLANS AND SPECIFICATIONS FOR THE PARKING LOT AND LANDSCAPING - ENGINEER Mr. Schumacher noted this is in conjunction with the Senior Center 1 August 13, 1984 283 parking lot and landscaping and he is requesting permission for the City Engineer to be authorized to prepare the plans and specifications for these installations. Mr. Marier questioned the exact cost of the Engineering. This amount was included with several other items and was not clear. After some discussion on this matter, Mr. Marier moved to approve this authorization with the Engineering cost to be pulled out of the other costs. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CIRCLE -LEX REQUESTS - USE OF SUNRISE PARK BEER PERMIT - SANDBURR DAYS The Clerk explained this is the annual Sandburr Days Festival conducted by the Circle -Lex Lions Club. Mr. Marier moved to approve the issuance of a beer permit and to approve the use of Sunrise Park, September 8 and 9, 1984. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ELECTION JUDGE LIST Mr. Kulaszewicz moved to approve the list of Election Judges as presented. Seconded by Mr. Marier. Motion carried unanimously. EMERGENCY ORDINANCE 08 -84 MORATORIUM ON KENNEL APPLICATIONS This action had been requested by the Planning and Zoning Board. This would establish a 120 -day moratorium on all applications in order for the Planning and Zoning Board to have time to study this problem and report back to the Council with their recommendations. Mr. Marier moved to waive the reading of Ordinaince #08 -84 and adopt as an emergency Ordinance. Seconded by Mr. Bohjanen. Motion carried unanimously. OLD BUSINESS Mayor Benson noted that Moline Concrete had completed the planting of the trees along 4th Avenue with the assistance of Mr. Henricksen. NEW BUSINESS Mr. Schumacher noted that staff has started preparation for the 1985 budget and presented the Council with copies of the 1984 budget for their information. Mr. Marier moved to adjourn at 12:00 midnight. Seconded by Mr. Bohjanen. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on August 27, 1984. Edna L. Sarner, City Clerk enja n G. Benson, Mayor