Loading...
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. 1 1 067 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 1 1 1 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 1 — 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 e 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. ' 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. 1 1 1 1 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: 1 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 1 1 1 075 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. 1 1 1 1 077 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. 1 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. 1 1 079 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. 1 1 1 1 1 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 1 1 1 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. 084 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 3 am : —�'on, Mayor