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HomeMy WebLinkAbout08/27/1984 Council Minutes284 August 27, 1984 Council Meeting The regular meeting of the Lino Lakes City Council was called to order on Monday evening, August 27, 1984 at 7:04 P.M. by Mayor Benson. Also in attendance were Mr. Kulaszewicz, Mr. Marier, Mr. Bohjanen, Mr. Schumacher, Mr. Kluegel, Mr. Davidson and Mr. Myhre. Mr. Reinert was absent. OFFICER OF THE YEAR Chief Myhre and Mayor Benson presented the Officer of the Year Award to Officer Dave Zerwas in recognition of outstanding performance during the past year. This was the second year in a row that Mr. Zerwas was given this award. All those in attendance recognized and congratulated Mr. Zerwas. 1 MINUTES - AUGUST 13, 1984 Mr. Kulaszewicz moved to approve the minutes as presented. Mr. Schumacher noted that on Page 10 under the heading 'Ordinance 06 -84' (which should read 'Ordinance 07 -84') the Public Hearing was scheduled for 7:15 P.M. rather than 7 :30 P.M. on August 27, 1984. Mr. Bohjanen seconded the motion to include the above note. Motion carried. CONSIDERATION AND APPROVAL OF AUGUST 27, 1984 DISBURSEMENTS Mr. Marier questioned payment to Patrick Berry for $500. Mr. Schumacher explained this payment was for finishing work completed in the new Council Chambers. He also questioned $40.05 payment to Tom Thumb which Mr. Myhre explained. was for gas charged during power outage when pumps at City Hall were not operating. Mr. Kulaszewicz questioned two payments made to Lino Lakes Police Officers. Mr. Myhre explained that these payments were made directly to the officers reimbursing them for registration fees for a police seminar which came up unexpectedly (it had been postponed earlier in the ,year) . Mr. Kulaszewicz moved to approve all disbursements including those questioned above. Mr. Marier seconded the motion. Motion carried. OPEN MIKE No one appeared or was scheduled to appear before the Council on open mike. STATUS REPORT ON ASH STREET EAST ROAD IMPROVEMENT Due to the concern of several persons in the audience, Mr. Benson re- quested to handle this agenda item at this time. Mr. Davidson, City Engineer updated the Council on the meeting of August 22 including White Bear Township, Anoka County, Ramsey County and Lino Lakes repre- sentatives. Mr. Hawkins reported at that meeting that he is of the opinion that Ramsey County has responsibility for the street. Ramsey County representatives did not concur, however Mr. Marier and Mr. Schumacher felt that Ramsey County would be willing to participate in August 27, 1984 285 negotiation to resolve the jurisdiction question. Mr. Hawkins reminded the Council that the cost of further negotiation should be taken into account when making further decisions regarding Ash Street (costs such as engineering and legal fees). Mr. Mel Smith and three other persons affected by the Ash Street situ- ation were present in the audience and voicedtheir concern in coming to some decision, particularly before winter (even if just a temporary solution). Mr. Smith thanked the Council for their work done so far. Mr. Kulaszewicz moved to request Mr. Schumacher coordinate further negotiations with Ramsey County, Anoka County, Mr. Marier and anyone else Mr. Schumacher felt should attend, this meeting to take place by the end of next week. Seconded by Mr. Bohjanen. Motion carried. PUBLIC HEARING - CHARTER AMENDMENT - ORDINANCE 84 -07 Mayor Benson opened the public hearing regarding Ordinance 84 -07 at 7:40 P.M. Mr. Schumacher explained the Ordinance amends the Charter as follows: 1) includes connection charges as a means of assessment, 2) waives 60 -day waiting period if a project is 100% petitioned, 3) allows for a rebid one time if the first bid exceed engineer's estimate by over 10 %. No one appeared to speak for or against the amendment. Mr. Marier moved to close the public hearing and accept the first reading of Ordinance 84 -07. Mr. Kulaszewicz seconded the motion. Motion carried. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 07 - 84 An Ordinance amending the Lino Lakes Home Rule Charter by allowing a more efficient process for improvement projects which are 100 percent (100 %) petitioned and establishing a procedure when a proposed contract exceeds the estimated cost by more than ten percent (10 %). Section 1. Chapter 8, Section 9.08, Subdivision 2 of the Lino Lakes Home Rule Charter is amended to read as follows: Regardless of the provisions in subdivision 1 of this section, when less than 100 percent (100 %) of the estimated cost of the proposed improvement is to be paid for by special assessments, or connection charges, the Council shall within 120 days after the conclusion of the public hearing, submit the proposed local improvement and its assessment formula to the voters of the City. If no election is scheduled during such 120 -day period, the Council shall schedule a special election by which said improvement and its associated assessment formula can be submitted to the City's voters. If a majority of those voting on said improvement and its associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. Section 8. Chapter 8, Section 8.04, Subdivision 3 of the Lino Lakes Home Rule Charter is amended to read as follows: 286 August 27, 1984 Section 8.04, Subdivision 3. When a proposed improvement is allowed under the foregoing subdivision, and the public record of the proposed improvement contains all of the evidence on which the Council shall base their decision, the Council may by resolution, at any time between sixty (60) days and one (1) year after the conclusion of the public hearing, proceed on the improvement. Hewe'ef -ne eentraet- ahai- be- iet -4/9-the- agent - that - the- eureent- pt-epesed eenteaet- exceeds- the - estmated- east -by -mere- than - ten- pepeent 14460%9.7. If after bids are received on the project the proposed contract exceeds the estimated cost of the engineer stated at the public hearing held under Subdivision 1 by more than ten percent (10 %), the City Council may not award the contract for the proposed improvement, but may re -bid the project for one time only. Section 3. Chapter 8 of the Lino Lakes Home Rule Charter be amended to add to the following section. Section 8.06. When under the provisions of Section 8.04, Subdivision 1, an improvement is petitioned for by 100 per- cent of the benefited property owners, such property owners, after the mailing of notice of a public hearing and public hearing, may petition to waive fifty (50) of the sixty (60) day waiting period. After such petition, the City Council may immediately order the proposed project. Section 4. This Ordinance shall be effective ninety (90) days after passage and publication as provided by law. Passed this 10th day of September, 1984 by the Lino Lakes City Council. ' Edna L. Sarner, City Clerk PUBLIC HEARING CONSIDERING AND AWARDING BIDS - WEBER PLAT - RESOLUTION 84 -28 Mr. Davidson reported the names and bids submitted for this project: Channel Construction - $15,802.00, 0 & P Contracting - $13,534.96, and Ro -So Contracting - $14,080.50, and recommended acceptance of the lowest bid from 0 & P Contracting. Mr. Marier moved to accept the low bid of $13,534.96 from 0 & P subject to a developers agreement and letter of credit. Motion seconded by Mr. Kulaszewicz. Motion carried. RESOLUTION #84 -28 RESOLUTION ACCEPTING BIDS AND ORDERING PROJECT 1 1 1 1 WHEREAS, August 27, 1984 287 pursuant to an advertisement for bids for the improvement of Tomahawk Trail from Birch Street to the West line of Shenandoah II plat, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement. AND WHEREAS, it appears that 0 & P Contracting of Box 506, Osseo, MN 55369 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 0 & P Con- tracting of Box 506, Osseo, MN 55369 in the name of the City of Lino Lakes for the improvement of Tomahawk Trail from Birch Street to the West line of Shenandoah II plat by installing sanitary sewer 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 27th day of August, 1984. Edna L. Sarner, City Clerk PUBLIC HEARING - ASH STREET SEWER RATE ADJUSTMENT Public hearing opened at 7:45 by Mayor Benson. Mr. Schumacher explained per his memo dated August 23, 1984 that Shoreview had informed the City of Lino Lakes that they have had two sewer rate increases affect their users which include some Lino Lakes residents. Per a joint powers agree- ment with Shoreview, Lino Lakes is to be notified quarterly when these increases occur, however, the City was not notified at the time of in- crease and the charges are to be collected retroactively as of 1/1/84. Jan Apitz appeared from the audience voicing her concern with the rate adjustment affecting her business and also questioning whether or not 288 August 27, 1984 Shoreview will notify the City properly in the future. Mr. Kulaszewicz requested that the City Administrator or Clerk check with Shoreview regarding their lack of notification of rate change and also check the legality of a retroactive collection of sewer charges. Mr. Kulaszewicz moved to close the public hearing. Mr. Bohjanen se- conded the motion. Motion carried. Mr. Kulaszewicz moved to approve the adjustment as pointed out in Mr. Schumacher's memo of August 23 and requested Mr. Schumacher's investigation as outlined above. Motion seconded by Mr. Marier. Motion carried. CONSIDERATION OF RESOLUTION 84 -25 - APPROVING RICE LAKE ESTATES AND EXTENDED WATER AND SEWER PROJECT AND ORDERING PLANS AND SPECIFICATIONS Mr. Schumacher recommended establishing a separate meeting on this issue. Mayor Benson asked to include the fiscal agent. Mr. Bohjanen moved to table this issue until September 5 at 6:30 P.M. and to request attendance by the fiscal agent. Motion seconded by Mr. Marier. Motion carried. Mayor Benson asked for a recess at 7:55. Meeting reconvened at 8:05 P.M. CONSIDERATION OF CIRCLE PINES /NORTH CENTRAL GAS EXTENSION PROPOSALS Mr. Kulaszewicz moved to consider Circle Pines Utilities due to the fact that in 1977 they showed a definite improvement in making money and by 1987 it is forecast that Lino Lakes should reap some profits from this project. Mr. Marier seconded the motion. Mr. Hawkins explained that the Circle Pines franchise would be amended to serve the Rice Lake Estates area and that North Central already has that right. The two utilities would be free to compete with one another. Mr. Bohjanen voiced his opinion in considering Circle Pines Utilities and his past history with North Central. Mr. Kulaszewicz' motion carried with Mr. Bohjanen voting no. Mr. Marier moved that Circle Pines Utilities appoint a commissioner from the Lino Lakes area to serve on their board in the near future. Mr. Kulaszewicz seconded the motion. Motion carried. Mr. Craig Rapp (Circle Pines' representative) reported to the Council that they want to do just that and they will report back before the year end regarding that appointment. ENGINEER'S REPORT Mr. Davidson reported regarding Sherwood Green that he had met with Mr. Nelson who did not feel that he should be responsible for all costs incurred in the drainage solution since he did not feel his development caused the entire drainage problem. Mr. Davidson recommended a plan to include state aid or municipal funding or an MSA project to pay for the work to be done to correct the problem. He felt that a permanent solution would not be worked out until at least the next construction season. Mr. Davidson also reported that in meeting with Mr. LeBlond, they had discussed Mr. LeBlond's granting his land be used for an easement to help provide a short -term temporary solution. Mr. LeBlond would agree to this only if a commitment was made to him for a permanent solution. August 27, 1984 289 Mr. Schumacher asked how an MSA would handle engineering fees. Mr. Davidson answered that, within a limit engineering fees are reimbursable within an MSA project and explained the procedure which he would cover in more detail in the future if necessary. Mr. Schumacher asked for a schedule of timing and estimated costs for budget purposes. Mr. Davidson agreed to put something together. The Council could then send a letter to Anoka County. In the short term, Mr. LeBlond could be notified as to the status on this project and Mr. Davidson could decide upon an easement area on the LeBlond property. Regarding the Ash Street sewer and water proposal a joint powers agreement should be set up with Shoreview. Again it was mentioned that Shoreview's request for rate adjustment should be checked for legality. Mr. Marier also wanted to make sure people who did not wish to hook up to the system would not have to. Mr. Davidson also reported that he would like a change order issued to allow the construction of a retaining wall to save some trees on the Evans property. It appears by a TKDA survey that the Reiling Road right -of -way is planned to be 16 feet in front of the Evans' property rather than the usual 30 feet. Mr. Davidson feels there is no other alternative in plan- ning the road, that this may be a solution Mr. Evans will accept. Mr. Evans has an attorney working for his interest. Motion was made later in the meeting regarding this issue. CONSIDERATION OF APPROVING QUOTES FOR SENIOR CENTER KITCHEN APPLIANCES Mr. Marier moved to table this agenda item until the next meeting because no quotes are available at this time. Seconded by Mr. Kulaszewicz. Carried CABLE TV REPRESENTATIVE The representative for cable TV was not in attendance. PLANNING AND ZONING ACTIONS - PETE KLUEGEL Conditional Use Permit - Kennel License - R. Johnson - Mr. Kluegel brought Council up to date regarding Mr. Johnson's application for a kennel license, the status and recommendations of which are spelled out in the last two month's P & Z minutes. When asked why this kennel application was being considered during the current 120 -day moratorium, Mr. Kluegel explained that consideration process began before said moratorium. Mr. Al Ross from the audience voiced his concern that approval of this kennel may be a detriment to future building. Mr. Marier moved to hold a public hearing on September 10 at 8:00 P.M. regarding Mr. Johnson's application for a kennel license. Seconded by Mr. Kulaszewicz. Motion carried. WCCO - Amended Conditional Use Permit - The general concensus of the Council was that WCCO should have an idea of necessary changes to occur a couple years into the future, and that amending the conditional use permit should be a situation that the Council is aware of long in advance. Mr. Marier moved to hold a public hearing regarding the WCCO amended conditional use permit at 8:00 P.M. on September 10, Mr. Kulaszewicz seconded the motion. Carried. WCCO is requested to give an explanation of plans a couple years into the future before approval is granted. 290 Council Meeting August 27, 1984 Page Five PLANNING AND ZONING ACTIONS (cont.) Variance - Donald Wyse - Mr. Kulaszewicz moved to deny Mr. Wyse' request for a variance per the P & Z's recommendation. Motion seconded by Mr. Marier. Motion carried. Mr. Wyse asked the Council for recommendations to which the Council suggested Mr. Wyse request an amendment to the zoning ordinance to allow for the type of addition Mr. Wyse wishes to construct at his owner - occupied duplex. Mr. Doocy of the P & Z Board was present and told Mr. Wyse that the P & Z would consider this type of request. Draft Sign Ordinance - Mr. Kluegel explained the basic changes to the sign ordinance (the primary difference is zoning districts now conform to the zoning map) and that the P & Z recommends approval of the latest revision of the sign ordinance. Mr. Kulaszewicz commended the P & Z on their work on the ordinance. Mr. Schumacher asked how the "mobile" sign would be affected. Mr. Kluegel answered saying the "mobile" sign would be allowed in one location for 30 days by permit and that a portion of the ordinance pertains to hand- ling "mobile" signs. Mr. Marier moved to set a public hearing at 7:30 on September 24 for sign ordinance draft. Seconded by Mr. Bohjanen. Motion carried. Mayor Benson requested that at least one of the P & Z members be present at that public hearing to answer questions. Review of Letters of Credit - G. Rehbein, G. Menkveld - Mr. Kluegel brought to the attention of the Council the fact that the letters of credit for G. Rehbein and G. Menkveld expire January, 1985 and that the original intent was to have their work completed before now and that some action may have to be taken to assure the City that the work is completed or the letters of credit pulled. Mr. Marier moved to direct the Building Inspector to inform contractors G. Rehbein and G. Menkveld they have obligations in Shenandoah II and Forest Glen to complete road projects as they have been so Instructed in their plats by the end of October and submit notification to the Council by the end of September of whether or not they are going to do their work. Motion seconded by Mr. Kulaszewicz. Motion carried. DISCUSSION OF INTERIM REPORT FROM POLICE TASK FORCE A report from the Police Task Force was included in the packets of in- formation to Council members. The Force deals with hiring, scheduling, budgeting and levels of service and it appears that they are proceeding along the lines set up by the Council in researching these areas. The task force feels that the present levels of personnel seem to be OK. Mr. Marier mentioned a packet of forms which have been put together which should be more efficiently used by the department and avoid duplication. SET ASSESSMENT HEARING - REILING ROAD - RESOLUTION 84 -26 Mr. Marier moved to set assessment hearing on Reiling Road (Resolution 84 -26) for 8:30 P.M. on September 10, 1984. Seconded by Mr. Bohjanen. Motion carried. Mr. Marier also moved to make Mr. Davidson's change Council Meeting August 27, 1984 Page Six 291 order relative to a retaining wall on the Evans' property subject to the approval of the City Council. Motion seconded by Mr. Bohjanen. Motion carried: CONSIDERATION OF MUNICIPAL INSURANCE BIDS - 1984/85 Mr. Schumacher presented information dealing with coverage and price quotes from the Kelly Agency (which the City has used for the past approximately four years), the League of Minnesota Cities (which did not meet many specifications), and Transcontinental (from which no bid was received). He explained that the lower bid was from the League of MN Cities, but the coverage did not compare with Kelly Agency. He recommended accepting the Kelly Agency bid. Mr. Kulaszewicz moved to accept the Kelly Agency's bid for $34,428. Mr. Bohjanen seconded the motion. Motion carried. REPORT ON FOREST LAKE YOUTH SERVICE BUREAU Mr. Oswald was in attendance to represent the Forest Lake Youth Service Bureau to which the City has made contributions. Mr. Oswald reported that the Bureau in the past year has affiliated itself with the Lake Area Human Services organization which provides psychological and psychi- atric assistance, they have purchased a building of their own which re- quires a smaller monthly payment than they were experiencing while rent- ing (also a better location), and they have reorganized their Board. Mr. Oswald said he would be happy to send a financial report and report of services to the Council before the next budget arrangements are made and thanked the Council for past support. CONSIDERATION OF APPOINTING VOTO, REARDON, TAUTGES - 1984 AUDIT Mr. Kulaszewicz moved to reconfirm per the City's contract with Voto, Reardon, Tautges, $9,700 fees will be paid for the 1984 audit. Mr. Bohjanen seconded the motion. Motion carried. Mr. Schumacher noted that Mr. Huss, the new City Accounting Clerk is planned to assist in the 1985 audit. CONSIDERATION OF RESOLUTION 84 -27 - REALLOCATING USE OF FEDERAL REVENUE SHARING FUNDS Mr. Schumacher asked to remove this item from the agenda. Mr. Marier moved to table this item until further information from Mr. Schumacher. Seconded by Mr. Kulaszewicz. Motion carried. OLD BUSINESS Report on Meeting with Senator Dahl - Mr. Schumacher reported that Senator Dahl and Representative Quinn are putting together material to submit for potential state aid adjustments and also legislation for the prison sewer participationg for that area of the City. A meeting with Rep. Quinn and Senator Dahl is schedule for September 14 at 2:00 P.M. to discuss further. 292 Council .Me ?etinq August 27, 1984 Page Seven OLD BUSINESS (cont.) Update on Fire ,ervice District Commission - Mr. Schumacher reported that he felt that we have two very good Fire Commissioners on the Board. He felt that Circle Pines was the more established fire service area, and the Lino Lakes /Centerville areas, since they are just getting on board for the first year, are more in an organization mode. Mr. Marier asked whether or not a name for the fire service has been de- cided upon. Mr. Schumacher said publication was made asking the community for an appropriate name, with yet no response. BMX Appreciation Plaque - Mr. Benson showed the plaque of appreciation given to the City by the BMX track. He asked that the staff find a good place to display it at the City Hall. Mr. Schumacher reported that the Lions' Club is considering donating a trophy case to be placed in the City Hall lobby to hold this type of award. NEW BUSINESS Mr. Marier moved to set a meeting for the purpose of working on budgets for September 17 at 7:00 P.M. and that the Council receive budget infor- mation no later than September 12 so they have time to "digest" it. Mr. Bohjanen seconded motion. Motion carried. Mr. Bohjanen moved to adjourn the meeting at 9:35 P.M. Seconded by Mr. Kulaszewicz. Motion carried. These minutes considered, corrected and approved at a regular meeting on September 10, 1984. f ar'lyn Anderson, Deputy Clerk