HomeMy WebLinkAbout05/12/1986 Council Minutes066
COUNCIL AMEETING
May 12, 1986
ng Mayor Reinert called to order the regular meeting of the
Cu,acj1 at 7 :06 P.M., May 12, 1986. Council members present:
Marier, Bisel and Bohjanen. Mayor Benson arrived at 8:00 P.M.
Members absent: None. City Attorney, Bill Hawkins; Administra-
tor, Randy Schumacher; Engineers, Bob Toddie and John Davidson;
Building Inspector, Pete Kluegel and Clerk- Treasurer, Marilyn
Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Special Council, April 21, 1986 - Mr. Marier moved to approve the
minutes as presented. Mr. Bohjanen seconded the motion. Motion
declared passed.
Work Session, April 28, 1986 - Mr. Bohjanen moved to approve the
minutes as presented. Mr. Marier seconded the motion. Motion
declared passed.
Regular Council, April 28, 1986 - Mr. Marier moved to approve the
minutes as presented. Mr. Bisel seconded the motion. Motion de-
clared passed.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
April 30, 1986 - Mr. Marier moved to approve these Disbursements
as presented. Mr. Bohjanen seconded the motion. Motion declared
passed.
Hay 12, 1986 - Mr. Bisel moved to approve these Disbursements as
presented. Mr. Bohjanen seconded the motion. Motion declared
passed.
OPEN MIKE
Lino Lakes Cable Commission member Herb Johnson updated the Council
on the April 7, 1986 and May 6, 1986 Cable Commission Meetings re-
garding Group W. Cable TV's request for transfer of ownership.
Mr. Johnson told the Council the Cable Commission is rocommenc?H-
that the City Council approve Resolution #86 -06 before them tonight
which allows stock transfer, but the Commission is recommending
denial of the next resolution that will be presented May 27, 1986.
The next resolution concerns the transfer of the ownership and
control of Group W. Cable, Inc. to North Central Cable Communica-
tions, L.P. Mr. Johnson said not enough evidence has been presented
to the Cable Commission regarding North Central Cable Communications'
financial ability to operate and maintain the cable system to the
standards of the past.
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067
COUNCIL MEETING
May 12, 1986
Page Two
RESOLUTION #86 -06, TRANSFER OF OWNERSHIP OF GROUP W CABLE INC.
Mr. Schumacher explained this is the first part of a two part
transaction to transfer ownership of Group W Cable, Inc. This
resolution would only give Council consent to sell Group W Ca-
ble, Inc. The Cable Commission has recommended approval of this
resolution.
Mr. Bisel asked what effect would this transaction have on the
citizens of Lino Lakes. Mr. Cusick said none.
Mr. Bisel moved to adopt Resolution #86 -06 and dispense with the
reading. Mr. Bohjanen seconded the motion. Motion carried unani-
mously.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF LINO LAKES
RESOLUTION NO. 86 -06 APPROVING
THE TRANSFER OF OWNERSHIP
OF GROUP W CABLE, INC.
WHEREAS, Group W Cable, Inc., a New York Corporation (hereinafter
"Group W Cable "), by and through Group W Cable of the North
Central Suburbs, Inc., a wholly -owned subsidiary, owns,
operates and maintains a cable television system in the
City pursuant to the terms and conditions of City Ordinance
No. 83 -08 (hereinafter "Cable Communications Franchise Ordin-
ance"); and
WHEREAS, Group W Cable's parent corporation, Westinghouse Broadcasting
and Cable, Inc., an Indiana Corporation (Hereinafter "Westing-
house") desires to sell and otherwise transfer all of the issued
and outstanding shares of the capital stock of Group W Cable
to Century Southwest Cable Television, Inc., a Delaware
Corporation; and affiliates of, or subsidiaries or partnerships
t 06
COUNCIL MEETING
May 12, 1986
Page Three
owned or controlled by, Houston Industries Incorporated,
a Texas Corporation, Comcast Corporation, a Pennsylvania
Corporation, Daniels & Associates, Inc., a Delaware Corporation,
and American Television and Communications Corporation
(hereinafter "Buyers "), and thereby transfer control of
Group W Cable to the Buyers; and
WHEREAS, Group W Cable has requested the consent from the City
to a change in ownership and control of Group W Cable to
the Buyers and the transfer of ownership and control and
ultimate transfer of the Cable Communications Franchise
Ordinance as amended to North Central Cable Communications,
L.P,; and
WHEREAS, the North Central Suburban Cable Communications Commission
II (hereinafter "Commission ") has been delegated the authority
and responsibility to coordinate, administer and enforce
the Cable Communications Franchise Ordinance on behalf
of City pursuant to the terms of a Joint and Cooperative
Agreement for the Administration of a Cable Television
Franchise; and
WHEREAS, the Commission has held a public hearing on behalf
of City and has reviewed the legal, technical, and financial
qualifications of Buyers and found them adequate to own
and operate Group W Cable; and
WHEREAS, the Commission is continuing to review the legal, technical,
and financial qualifications of North Central Cable Communica-
tions, L.P. as it relates to the transfer of ownership and contr 1
and ultimate transfer of the Cable Communications Franchise
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COUNCIL MEETING 069
May 12, 1986
Page Four
Ordinance, as amended; and
WHEREAS, the Commission has recommended to City approval of
the transfer of control of Group W Cable to Buyers subject
to the actual closing of the stock sale in June, 1986; and
tHEREAS, the Commission and City have been advised by Group W
Cable and the Buyers that the approval of such stock transfer
to Buyers shall in no way be interpreted as an approval,
either express or implied, of the transfer of ownership
and control and ultimate transfer of the Cable Communications
Franchise Ordinance to North Central Cable Communications, L.P.
IOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Lino Lakes:
1 That the City hereby approves the sale by Westinghouse of
all of the issued and outstanding shares of the capital
stock of Group W Cable, Inc. and the transfer of control
of Group W Cable, Inc. to the Buyers subject to an actual
closing of the stock sale transaction in June, 1986 pursuant
to the terms and conditions currently understood by the
City as evidenced -by the Notice of Transfer to said Commission
and City.
2. That the approval of the transfer of ownership and control
of Group W Cable, Inc. to the Buyers is hereby deemed not
to include any approval, either express or implied, as to
any subsequent transfer of ownership or control or transfer
of the Cable Communications Franchise Ordinance to North
Central Cable Communications, L.P., or to any other entity
or individual.
070
COUNCIL MEETING
May 12, 1986
Page Five
3. That the North Central Cable Communications Commission II
continue to review the request of Group W Cable, Inc. regarding
a change in control and transfer of the Cable Communications
Franchise Ordinance as amended to North Central Cable Communica-
tions, L.P. and in the future prepare a separate recommendation
for City regarding such change in control and transfer.
4. That this approval by City shall be null, void and of no
effect should any entity or individual successfully litigate
that the approval is also an approval, either express or
implied, as to any subsequent transfer of ownership or control
or transfer of the Cable Communications Franchise Ordinance
to North Central Cable Communications, L.P., or to any other
entity or individual.
5. That this approval is specifically conditioned upon payment
in full prior to an actual closing
of the
stock sale transaction
in June, 1986 of all expenses incurred by Commission and
City related to the Request for Approval of Transfer dated
February 4, 1986, including those related expenses incurred
prior to February 4, 1986, but incurred in preparation for
the receipt of the
6. That this approval
understanding that
Request for
Approval.
is specifically conditioned upon the
any changes or modifications in the cable
communications Franchise ordinance or cable communications
system (in place or proposed) which are subject to regulation
or control by City and /or Commission shall not be made without
the prior review and approval of City and /or Commission
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— 071
COUNCIL MEETING
May 12, 1986
Page Six
pursuant to such procedures as are contained in the cable
communications Franchise or otherwise applicable law.
The above listed resolution was moved by Council Member
HAROLD BISEL, and duly seconded by Council Member WILLIAM
BOHJANEN.
The following Council Members voted in the affirmative: BISEL,
BOHJANEN, MARIER, REINERT, BENSON
The following Council Members voted in the negative: NONE
Passed and adopted this 12TH day of MAY, 1986.
ATTEST:
/ e .
=�4° i ; j�� «i!-�� . is
Marilyn 'G. Anderson, Clerk - Treasurer Mayor
City Administrator
DISCUSSION CUNCERNING" 4T11 AVENUE STREET ILPROVE)`ENTS AND -EATER
DRAINAGE PROBLEMS
Mr. Toddie explained the background regarding this matter and
gave the Council additional written information. Mr. Toddie ex-
plained the basic problem is the lack of outfall in County ditch
#22 as well as the ditch being inadequate. The City had peti-
tioned Rice Creek Watershed District (RCWD) for repair of the
ditch. RCWD had reviewed the situation and told the City repair
of the ditch would not solve the problem and asked the City to
petition for an improvement of the ditch. In addition the City
has nearly completed plans for reconstruction of 4th Avenue to
include installation of storm sewers.
072
COUNCIL MEETING
May 12, 7986
Page Seven
The City Council has asked the City Engineer to determine the effec
of cleaning out ditch #22 and return it to its original condition
and also determine the cost of the cleaning. Mr. Toddie estimated
it would cost $29,000 to clean the ditch. The area benefited in-
volves 57 properties including Sherwood Green and Thomas Street.
This would be approximately $508 per lot. He also noted this
project would only drain the surface water, not lower the water
table. He did estimate that cleaning out the ditch and restoring
it to its original configuration would increase its capacity greatly
and could relieve the problem greatly. He gave examples of his
calculations.
Mr. Toddie was asked where Main Street will drain after it is
reconstructed by the County. Mr. Paul Ruud, County Engineer
explained some will drain along the north side of Main Street to
the west and some will drain down to 4th Avenue and eventually
County Ditch #22. He also said that the County has and continues
to express that they will participate in the cost of cleaning Ditch
#22. Mr. Davidson said that the City has anticipated that this
ditch will carry some Main Street drainage and this was included
in the calculations.
Mr. Davidson was asked if the citizens along 4th Avenue, south of
Main Street will have to pay for providing a drainage area that will
also benefit landowners north of Main Street. Mr. Davidson said no,
when that area starts to develop they will have to provide their
own water storage areas.
Mr. Toddie was asked if there was a plan to get rid of the water
in the north pond of Sherwood Green. Mr. Toddie explained that plans
have been included in the 4th Avenue project to provide for an outflow
across the LeBlond property to County Ditch #22. Water will not
build up as much before it goes into the outfall pipe. Mr. Toddie
also explained the south pond will also have an outfall pipe. This
will lead to the road side ditch.
Mr. Toddie told the Council that the 4th Avenue reconstruction plans
are nearly ready to be submitted to the State Aid Projects Agency.
The two items not fundable by State Aid are cleanout of ditch #22
of $29,000.00 and the 4th Avenue storm sewer construction of $49,000.00.
Mr. Molin asked about taking property for right-of-way. Mr. Toddie
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explained the right-of-way will be obtained by negotiation Y g on with the
City Attorney and an appraiser will determine damages. At this
time no money has been allocated for right-of-way acquisition.
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g a q isition.
Mr. Toddie was asked why a 135 foot 4th Avenue right -of -way will
be required. Mr. Toddie explained the need for a ditch to carry
a large volume of water and rather than make a deep ditch it was
decided to construct a wider ditch.
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f;fH'NC1L f'rt,t'ING
May 12, 1986
Page Eight
Mr. Toddie was asked why the storm water will be run across to
the west rather than down the road ditch. Mr. Toddie-- explained
this way requires a` ditch that is very deep that could be hazardous.
A resident asked Mr. Toddie, when are you going to start digging?
He was also asked when the study will be done to determine who
will be the benefitted property owners?
Mr. Andrew Cardinal, the Lino Lakes representative on the RCWD
Board said at this point Lino Lakes has not presented a proper
petition for improvement of ditch #22. Mr. Willenbring said the
petition would initiate the study.
Mr. Marier reminded the RCWD that Lino Lakes did present a petition
for repair of. Ditch #22. Mr. Marier was told that the RCWD attor-
ney Mr. Murray had determined that this petition was not proper
and there has been no further action from Lino Lakes.
Mr. Hawkins explained what has transpired between Lino Lakes and
the RCWD to date with RCWD concluding that an improvement petition
not a repair petition is needed from _Lino_, Lakes.
Mr. Reinert asked Mr. Willenbring at what point would RCWD receive
a petition from Lino Lakes. Mr. Willenbring said he wanted to
review Mr. Toddies plans and determine if a repair project is all
that is needed or if an improvement project is required.
A lady in the audience told the Council that this area needs help
right now. She said "lets get going now, help us:"
A gentleman in the audience told the Council that the area residents
have been operating the pump for some time now and wanted action
for their relief.
Mr. Robinson asked if the study included the culvert under the Air
Park runway. He said if something was not done about this culvert
he would start a lawsuit tomorrow. Mr. Toddie explained he had
reviewed the culvert and explained its condition.
Mr. Marier said that since RCWD is waiting for some action from
Lino Lakes, he moved that the City resubmit a petition for repair
of ditch #22 to be drafted by the City Attorney and submit the
study prepared by the City Engineer to RCWD to inform RCWD of his
findings and approve Resolution 86 -10. Mr. Bohjanen seconded the
motion.
Mr. Bisel asked when an answer might be expected from RCWD. Mr.
Petranglo said assuming the petition was correct, 30 days or less.
074
COUNCIL MEETING
May 12, 1986
Page Nine
It was decided that the City Attorney -and the'RCWD attorney get
together to prepare the petition to speed up the process. Mr.
Marier asked that Mr. Hawkins have a draft of the petition pre-
pared by the end of the week.
Voting on the motion, motion carried with Mayor Benson abstaining.
Acting Mayor Reinert turned the meeting over to Mayor Benson at
7:55 P.M.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION # 10 - 86
A RESOLUTION REQUESTING REPAIR OF DITCH NO. 10 AND DITCH No. 22
WHEREAS, the Lino Lakes City Council considers repair of Ditch #22
and Ditch #10 between Main Street and Lilac Street.
WHEREAS, the Lino lakes City Council feels the ditches are under
the jurisdiction of the Rice Creek Watershed District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
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1. That the City Council does hereby direct a petition
for the repair of said ditches pursuant to Minnesota
law be submitted to the Rice Creek Watershed District.
2. The cost of such repair shall be funded by existing Rice
Creek Watershed District funds and in the absence of
such funds a redetermination of benefits will be under-
taken to fund the costs of such repairs.
Adopted by the City Council of Lino lakes this 12th day of May, 1986.
Marilyn G. Anderson, Clerk - Treasurer
Benj in
enson, Mayor
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075
COUNCIL L it;} TING
May 12, 1986
Page Ten
CONSIDERATION OF ORDINANCE #03 -86, DELETING 401.31 DEPOSIT, FROM
THE CITY-CODE, -1STIMADING
Mr. Bisel moved to adopt this Ordinance and dispense with the
reading. Mr. Bohjanen seconded the motion. Motion carried
unanimously.
CITY OF LINO LAKES.
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 03 -86
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY DELETING SECTION
401.31, DEPOSIT
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does ordain:
Section 1. Deposit Section 401.31 of the Lino Lakes City Code is
hereby deleted.
Section 2. Effective Date.
This Ordinance shall be effective thirty (30) days after
its publication as required by City Charter.
Papsed by the Council of the City of Lino Lakes this 27 day of
, 1986.
ATTEST:
Marilyn G. Anderson, Clerk- Treasurer
076'
COUNCIL MEETING
May 12, 1986
Page Eleven
CONSIDERATION OF WILLIAM PIRRUNG'S REQUEST TO PURCHASE A LOT ON
MAPLE STREET - LOT PRESENTLY OWNED BY THE CITY
Mr. Schumacher explained the location of this property on Maple
Street and noted that the City is not holding it for public pur-
poses such as parks or utilities. In the past the City has ad-
vertised such lots for sale and taken bids. Mr. Marier moved to
advertise this lot for sale and take bids. Mr. Bohjanen seconded
the motion. Motion carried unanimously.
DISCUSSION OF FIRE STATION PROPOSAL
Mr. Schumacher explained that the City has the opportunity to
purchase the Village Plumbing property on Lake Drive for use as
fire station #2 in the Centennial Fire District. The Fire Comm-
ission has reviewed this proposal and has decided that it does not
have a regional effect on the fire district and therefore the
purchase and improvement of the property is the sole responsibility
of Lino Lakes. Mr. Marier asked what constitutes a regional faci-
lity and Mr. Benjamin, Commissioner for Lino Lakes, explained the
uage in the joint powers agreement, but felt the language was
are directed to Centerville rather than Lino Lakes. Mr. Ben -
'n did note the method of allocating costs of running the dis-
was based on equipment and personnel,not buildings. The
district is responsible for upkeep of buildings but not the purchase
of the buildings. Mayor Benson said it was his understanding when
the district was formed that Lino Lakes would have to build a sta-
tion and pay for it. Mr. Marier said this part of the joint powers
agreement needed to be defined better. Mr. Hawkins said that when
the joint powers agreement was drafted this portion related to
building or buying a new station.
Mr. Schumacher explained that there are four options for purchasing
the Village Plumbing building. One option is purchase the property
with General Fund money, second option; call a referendum and
issue general obligation bonds, third option; lease purchase agree-
ment and the fourth option; contract for deed. His recommendation
would be contract for deed if a quick and easy method is needed
or if the City is looking as a long term investment he recommended
the lease purchase plan which is geared for a longer term payback.
The lease purchase option could include the financing of a public
works building which is in the capital improvements plan.
Mayor Benson explained the contract for deed option would allow the
City to budget this purchase over the next five years. Mr. Marier
asked that the need for additional public works facilities be
reviewed at this and balance the cost of bonding against the cost
of the contract for deed.
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077
COUNCIL MEETING
May 12, 1986
Page Twelve
Mr. Marier moved to authorize Mr. Schumacher to determine the
time frame for purchasing the property and then investigate the
lease purchase option and the cost of the contract for deed and
pole the Council for their decision and authorize the purchase
of the building providing the terms are agreeable to the Council.
Mr. Bohjanen seconded the motion.
Mr. Hawkins said that the contract for deed could be written so
that if this method was selected now and later the Council de-
cided to use another method of financing the contract for deed
could be prepaid. He noted the lease purchase option may be
eliminated with the adoption of the new tax laws.
Voting on the motion, motion carried unanimously.
INFORM,ZATIONAL HEARING - PROPOSED IMPROVEMENTS ON SUNSET ROAD BY
BLAINE AND ANOKA COUNTY - RESOLUTION #08 -86
Blaine City Engineer, Bob Wiegert, introduced himself and explained
that Blaine is installing sanitary sewer and municipal water along
Sunset Road from 105th Avenue to 108th Avenue. These services have
already been installed between North Road and 105th Avenue. Blaine
has set up a tax increment district for this area for the municipal
installations and have asked the County to upgrade the street to
include storm sewer. Anoka County has responded by saying they would
not upgrade Sunset Road unless the Lino Lakes side of Sunset Road
was serviced with sewer and water.
Mr. Wiegert explained Blaine is proposing to service Lino Lakes
along Sunset Road with both sewer and water and defer payment
of the assessments until the services are needed. The deferred
assessment could be paid at the time the connection is completed.
The cost of this assessment would be approximately $4,200 per lot.
The cost of the street improvement which includes storm sewer and
driveway easements would be approximately $1,030. This would be
financied by an assessment on the property at this time.
Mayor Benson asked if the $4,200 assessment is for all lots regard-
less of size. Mr. Wiegert said yes. Mayor Benson asked if the
resident connects to the sewer and water facilities five years
from now would the assessment still be $4,200. Mr. Wiegert said
it would be adjusted by the ENR Minneapolis Construction Cost
Index.
A resident asked if he connects to Blaine now and later Lino Lakes
installs their own system, will he be assessed again. Mayor Benson
said no.
O78
COUNCIL FMEETING
May 12, 1986
Page Thirteen
A gentleman asked if the section of Sunset Road that is cut off
before the approach to 35W would be included. Mr. Wiegert said
the City could explore this option.
Would Sunset Road be widened? Mr. Wiegert said yes, it will
44' to allow on street parking. There will be no sidewalks. be
Would the portion beyond 108th cost Lino Lakes residents more?
Mr. Wiegert said, no.
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Mr. Hawkins asked if Blaine was going to fund all initial costs.
Mr. Wiegert said, yes.
Mr. Swanson asked if the residents have to hook up once the facil-
ities are installed. Mr. Wiegert said, no. Mr. Swanson asked
what will happen to his concrete driveway. Mr. lained
his driveway will be cut off and a blacktop apronlwilltbexinstallled.
Mr. Wiegert explained the project will start in August.
What happens to private wells. Mr. Wiegert explained the wells can
be used for watering lawns, but water will be cut for household
use.
Can residents hook up to water only or sewer only. Mr. Wiegert sai -,
yes.
One resident explained that Sunset Road already is a speedway, im-
proving it will make it worse.
Mr. Swanson asked if the costs being presented tonight only bring
the service to the lot lines. Mr. Wiegert said yes. Mr. Davidson
said it would cost $300 - $500 to bring the services to the house.
When Blaine is dewatering for construction will the shallow wells
be affected. Mr. Wiegert said they
come back after dewatering is disconttinuuedly will but they will
Mr. Neal Benjamin asked if there will be fire hydrants? Yes, if
the project is extended to Elm Street.
When can hook ups be made. Mr. Wiegert explained south of 105th
Avenue, now; north of 105th this winter.
Mr. Marier wanted the residents to know that $1,030.00 would be
assessed immediately after the road is completed.
How close to the center of the road can trees be before they have
to be removed. Mr. Wiegert said Anoka County would have to determin
this.
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079
COUNCIL MEETING
May 12, 1986
Page Fourteen
One resident said that a new street would make Sunset Road a faster
street and sidewalks should be installed for the protection of
children walking to school. Mr. Wiegert explained the County
would have jurisdiction over the roadway itself. Mr. Davidson
suggested contacting the County Commissioner to see if the speed
limit could be reduced.
Mayor Benson thanked everyone for coming. Mr. Hawkins outlined
the City Charter requirements for this proposed project.
Mr. Marier moved to set the Sunset Road or County #53 project as
presented and set the public hearing for June 9, 1986 at 7:35 P.M.
and adopt Resolution #08 -86. Mr. Bisel seconded the motion. Mo-
tion carried unanimously.
Mayor Benson thanked everyone for coming tonight.
CITY OF LINO LAKES
RESOLUTION NO. 08 - 86
A RESOLUTION RECEIVING REPORT ON SUNSET ROAD PROPOSED IMPROVE -
MENTS AND CALLING HEARING ON IMPROVEMENT
WHEREAS, Pursuant to a report being prepared by the Blaine
City Engineer with reference to the Sunset Road im-
provements and presented to the Lino Lakes City
Council, May 12, 1986
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:_-
1. The Council will consider the improvement of
such Sunset Road area in accordance with the
report and the assessment of abutting property
for all or a portion of the cost of the improve-
ment pursuant to Minnesota Statutes Chapter
429 at an estimated total cost of $72,300.00.
Each lot will be assessed at approximately
$4,200 for municipal sewer and water and
$1,030 for street improvement, storm sewer
and driveway aprons.
2. A Public Hearing shall be held on such proposed
improvements on the 9th day of June, 1986 in
the Council Chambers of the City Hall at 7:35
T80
COUNCIL MEETING
May 12, 1986
Page Fifteen
P.M. and the Clerk shall give mailed and pub-
lished notice of such hearing and improvement
as required by law.
Adopted by the City Council of Lino Lakes, this 12th day of
May, 1986.
ATTEST:
Benjamin G. Benson, Mayor
Marilyn G. Anderson, Clerk - Treasurer
The Council took a five minute break at 9:10 P.M.
CONSIDERATION OF WAYS AND MEANS COMMITTEE RECOMMENDATIONS DEALING
WITH SUPERVISORY AND NON -UNION PERSONNEL
Mr. Schumacher explained that this item was presented at the April
28, 1986 Council Meeting and further information was requested.
Mr. Schumacher had prepared a memorandum dealing with perfor-
mance rankings, the salary previously paid and percentage increases
with more detail on several employees as requested and more detail
on the part time employees and the assessor.
Mr. Marier was concerned because two employees were not scheduled
for any raises while others were scheduled for 11% increases. If
those not scheduled for raises are not performing as they should
they should be released.
Mr. Reinert asked Mr. Marier what his recommendations would be.
Mr. Marier said he would be happy to sit down with the Ways and
Means Committee. He wanted to know why everyone is not being
treated the same.
Mr. Bisel explained that he is new and felt he has not been brought
along on this issue.
Mr. Bohjanen asked if there has been any change in formulas.
Mayor Benson said no.
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k081
COUNCIL MEETING
May 12, 1986
Page Sixteen
Mr. Marier moved to send the report back to the - Ways -and Means
Committee and get a full explanation why two people did not
get a raise and why the 11% versus the 4.6% increase for some
employees. Mr. Bohjanen seconded the motion. Motion carried
with Mr. Reinert and Mayor Benson voting no.
Mr. Reinert explained that the Ways and Means Committee had spent
a lot of time on this proposal and felt it was fair to all em-
ployees.
Mayor Benson asked Mr. Marier to be more specific regarding his
concerns and put them in the form of a letter to the Committee.
ENGINEER'S REPORT
A. North Road Joint Powers Agreement - Mr. Toddie explained
Anoka County had previously presented an agreement that was consi-
dered to be not specific enough. Mr. Hawkins has reviewed this
new agreement and recommended approval.
Mr. Bisel moved to adopt the revised joint powers agreement #86 -050,
North Road Improvements. Mr. Bohjanen seconded the motion. Motion
declared passed.
B. Bridge Replacement on Hugo /Lino Lakes Border (24th Avenue) -
Mr. Toddie explained a letter has been received from Anoka County
stating they will not participate in the cost of replacing the
bridge and stated their reasons.
After further discussion Mr. Bisel moved to contact Hugo and de-
termine why the bridge is being replaced.
Mr. Bohjanen seconded the motion. Motion carried unanimously.
Mr. Schumacher explained there would be some .funds available since
the 80th' Street bridge replacement will not be done this year.
ATTORNEY'S REPORT
A. Special Watershed Legislation - Mr. Hawkins has submitted a
letter to Mr. Schumacher regarding Special Legislation for Anoka
County Watershed Districts. This legislation was introduced by
Senator Dahl and it would concern Lino lakes in that any repair
to a drainage system over $100,000 would require a petition signed
by 26% of the affected property owners. He gave further background
on this legislation.
Mr. Marier moved to determine what is the function of the Watershed
Boards. Mr. Bisel seconded the motion. Motion carried unanimously.
082
CO[JNCIL 'gEF;TING
May 12, 1986
Page Seventeen
Mr. Hawkins recommended the City let Senator Dahl know the City's
position on this legislation.
B. Rice Lake Estates Area Easements -
some utility easements documents on the
property for Council acceptance. These
Lake Estates Area services. Mr. Marier
ments. Mr. Bisel seconded the motion.
Mr. Hawkins has prepared
Frankie's -On- The -Lake
easements are for the Rice
moved to accept the ease -
Motion carried unanimously.
ORDINANCE #02 -86, LOT PROVISIONS, FIRST READING
Mr. Marier moved to introduce Ordinance #02 -86 and have the Clerk
read the ordinance. Mr. Bisel seconded the motion. Motion carried
unanimously. Mrs. Anderson read the ordinance.
ORDINANCE NO. 02 - 86
CITY OF LINO LAKES
COUNTY OF A10KA
STATE OF MINNESOTA
AN ORDINANCE ATTENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE
OF THE CITY OF LINO LAKES, BY ADDING THE FOLLOWING TO SECTION 4,
SUBD. 5, LOT PROVISIONS
The City Council of the City of Lino Lakes, Anoka County, Minnesota
does ordain:
I.
AMENDMENT. (3) More than one principal structure per lot may
be allowed in any zoning district except single
family, duplex, or neighborhood business (R, ER,
R -1, R -2, R -5, R -6, R -7 and NB) zones provided
that all performance standards and appropriate
provisions of this Ordinance are met for the
designated land use zoning district.
II.
The Ordinance shall be effective thirty (30) days after its passage
and publication as required by City Charter.
Passed by the Council of the City of Lino Lakes this
day of 1`; 1986.
Marilyn G. Anderson, City Clerk
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COUNCIL rErNG
May 12, 1986
Page Eighteen '
OLD BUSINESS
A. Actions Taken on Auditor's Management Report Recommendations
Mr Schumacherexplained the Council will be updated- on'delin-
quent assessments on a quarterly basis and letters will be sent
to the property owners.
083
B. Rolland Ford Update - Pete Kluegel - Mr. Kluegel presented
pictures of the Ford property which reflect its current condition.
He noted progress is being made, but there is much to be done.
He explained how he would like several items disposed of or put
under cover. Mrs. Ford explained that they are in the process
of selling the barrels and removing some the vehicles.
Mr. Kluegel told the Council he has started proceedings against
the Fords according to the City Nuisance Code. They are at a point
where the City could hire someone to clean the property tomorrow.
Mr. Bohjanen told the Council`he had viewed the property and progress
is being made.
Mr. Marier moved to work with the Fords and come to an agreement
to get the property cleaned. Mr. Bohjanen seconded the motion.
Motion carried unanimously. Mr. Kluegel is to report back to the
Council.
Mr. Bisel moved to continue the meeting for another ten minutes
at 10:15 P.M. Mr. Bohjanen seconded the motion. Motion carried
unanimously.
C. Reminder - Informal Meeting Between Anoka County and Affected
Residents Along County Road #14 - May 28, 1986 7:00 P.M. - This
item was for information purposes.
D. Reminder - Special Council Meeting with Mr. Ulmer and His
Engineer, May 14, 1986, 7:00 P.M. - This item was for information
purposes.
E. Holly Drive Update - Don Volk - The section line where the
road was laid out in 1889 has now been surveyed. The existing
cartway is within the 66' easement although not necessarily in
the middle of the easement.
Mr. Volk recommended clarifying the right -of -way and blocking it
off with wooden posts and retaining the right -of -way for future
use.
Mr. Marier moved to retain the right -of -way for future use and
block it off to all vehicles or traffic. Mr. Bohjanen seconded
the motion. Motion carried unanimously.
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CObliCIL LK} 1'ING
May 12, 1986
Page Nineteen
Mr. McKenna from the audience asked whether the City really needs
the road, it would be costly to construct. Mayor Benson said the
City would not build the road, but if this area is developed, the
developer would do this.
Mr. Behr asked assuming the section line is the center of the roadway,
he would like it staked out this way. He also said he felt the
City did not have a legal right to this easement since it is not
on his abstract.
Mr. Hawkins explained to the residents if the City exercises its
right to retain the right -of -way, the landowners can hire attornies
and try to prove the City is wrong.
Mayor Benson said at this point nothing will be done by the City
with the right -of -way. When this property is needed and is to
be upgraded, then the residents will have to move their fences
and the duck ponds will be excavated.
Voting on the motion, motion carried unanimously.
NEW BUSINESS
A. Richard Evans, 2250 Rolling Hills Drive - Mr. Evans was in
the audience and presented pictures to the Council of the actions
occurring in the Richard Klenck property. Mr. Evans asked the
Council what is going to be done about Mr. Klenck's illegal opera-
tion.
Mayor Benson explained that the Council has received Mr. Evan's
letter and the Building Inspector has checked the property and
found Mr. Klenck was operating according to the conditions set
by the Courts. Mrs. Evans explained the problems they have experi-
enced with Mr. Klenck's operation. Mr. Reinert told the Evans
that Conditional use permits are reviewed annually and Mr. Klenck
will also be reviewed.
Mayor Benson told Mr. Evans that Mr. Klenck had presented a peti-
tion to the Council with all the signatures of the neighbors except
Mr. Evans indicating the neighbors were not opposed to the business.
Mr. Schumacher explained that the Corp of Engineers and the Rice
Creek Watershed District are reviewing the operation and will be
requiring permits.
Mayor Benson asked Mr. Kluegel to follow up on this complaint 111
July.
Mr. Bisel moved to adjourn at 10:35 P.M. Mr. Bohjanen seconded
the motion. Aye.
These minutes were considered andp • ed on May 27, 1986.
Marilyn t. Anderson, City Clerk :en
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: —�'on, Mayor