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HomeMy WebLinkAbout06/09/1986 Council Minutes (2)108 i:i;i_ N'II MEETING 1986 '' o:,or Benson called to order the regular meeting of the Lino Lakes City Council at 7:12 P.M., Monday, June 9, 19H;. Members present: Bisel, Bohjanen, Reinert. Members absent: Marier. Also present were City Administrator, R. Schumacher; Public Works Director, D. Volk; City Attorney, B. Hawkins; City Engineer, B. Toddle; and Secretary, S. Foster. CONSIDERATION OF MINUTES - May 27, 1986 MOTION: Mr. Bisel moved to approve the minutes of the M:., 27, 1986 meeting as presented. Mr. Bohjanen seconded the motion which carried unanimously. CONSIDERATION OF DISBURSEMENTS May 30, 1986 - MOTION: Mr. Bohjanen moved to approve the disbursements of 5/30/86 as presented. Mr. Bisei seconded the motion which carried unanimously June 9, 1986 - Mr. Bisel asked if Mr. Marier's question regarding long distance phone calls on ti,e 5/27-8C, disbursement listing was answered. Mr. Schumacher reported that each Councilmember received an explanation of thc. disbursement. MOTION: Mr. Bisel moved to approve the disbursements of 6/9/86 as presented. Mr. Bohjanen seconded the motion which carried unanimously. OPEN MIKE No one was scheduled or appeared before opor mike. CONSIDERATION OF RESOLUTION x'15 -86 APPROVING THE REPAS ` OF ADVANCES CF FRANCFHISE FEES FROM GROUP 'v! C� RLE Mr. Schumacher explained that adoption of this resolution would allow the cable commission to pay toward the amount r outstanding balance due Group W Cable from the proceeds trim cable franchise fees rather that the City having to make n expenditure to pay toward what is due Group W Cable. MOTION: Mr. Bisel moved to adopt Resolution No. 15 -8C }c,i waive the reading. Mr. Bohjanen seconded the motion carried unanimously. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES • COUNCIL MEETING June 9, 1986 Page Two RESOLUTION NO. 15 -86 APPROVING THE REPAYMENT OF ADVANCES OF FRANCHISE FEES FROM GROUP W CABLE OF THE NORTH CENTRAL SUBURBS, INC. WHEREAS, the City of Lino Lakes is a Member of the North Central Suburban Cable Communications Commission II (the "Commission "), organized pursuant to the terms of a Joint and Cooperative Agreement for the Administration of a Cable Television Franchise (the "Agreement "), as authorized by Minnesota Statutes Section 471.F9, as amenciec WHEREAS, the City has delegated to the Commission under the Agreement the authority and responsibility to undertake all tasks necessary to coordinate and administer the Cable Communications Franchise Ordinance ( "the Franchise ") of each Member and to make such contracts and take such other action as the Commission deems necessary and appropriate to accomplish the general purposes of the organization: WHEREAS, the Commission has requested, and received, on behalf of the eight Member Cities, an advance of franchise fees required under the Franchise from Group. `r4 Cable of the %ari 1. Central Suburbs, Inc. in the amount of S197.471.80 for 1984 and 1985 to cover the Member Cities t nonc:ai contributions to t;':e= Comm? sic> during those years. WHEREAS, the Commission has recommended to City a plan of repayment of the advances on franchise fees whereby any excess of annual franchise fees paid to the Member Cities would be applied toward the amount of the outstanding balance of advances on franchise fees to the Member Cities on a joint and cooperative basis until all advances are repaid in full. WHEREAS, City has determined that this recommended plan repayment of advances on Sr.nnr :ise fees i -. f it equitable, and in the best interest of the City continue working cooperatively with the other Member Cities of Commission. NOW THEREFORE, BE IT RESOLVED, by the City Council fo the City of Lino Lakes: 1. The City approves the plan for repayment of advances on the franchise fees set forth by the North Central Suburban Cable Communications Commission II. The above listed resolution was moved by Council Member Bisel, and duly seconded by Council Member Bohjanen. The following Council Members voted in the affirmative: Bisel, Bohjanen, Reinert, Benson HO COUNCIL MLI" ('ING June Via, 1986 Page Three I: ollowing Council Members voted in the negative: None. The above resolution was duly adopted this 9th day of June, 1986. ATTEST: CLERK'S REPORT - Consideration of Awarding Bids on Sale of Maple Street Lot Mr. Schumacher explained that in response to an advertisment made by the City for a City -owned lot, one bid was received. The party placing the bid was in attendance and explained that there seems to be a discrepancy with regard to the buildability of the lot.. The bidder was told by the City property assessor that the lot was not buildable due to the fact that the road fronting the property Maple Street` was not as complete as is required to create a buildable lot. Mr. Volk gave an opinion that the lot would be buildable judging from measurement he has made of Maple Street. The advertisement stated the lot would be biz i i drib l e pending extension of Maple Street. In light of these discrepancies, Mr. Schumacher and Mr. Hawkins suggested that the buildability of the lot be determined and the lot be readvertised with the proper information. MOTION: Mr. Bisel moved to readvertise the City -owned lot after determining the buildability of the jot. Motion seconded by Mr. Bohjanen and carried unnuimou;Iy. Mayor Benson asked the City Administrator to review the procedure used when placing bid ads to alleviate the possibility of errors in the future. He also stated that if the bidder incurred any expenses in placing the bid, the expenses should be reimbursed by the City. The bidder is also to be informed of the date of the reopening of the bid. REVIEW OF CONCERNED CITIZENS INFORMATION ON PORNOGRAPIL Mr. 'Campbell, Lino Lakes Police Chief repented that the Police Department has been requested by concerned citizens to investigate the city's ordinances regarding pornography. H ie !� P3gC :)ur Mayor Benson added that he uro3erstands that the concern is also violence in videos, etc_ which are available within the city. Neither Mr. Hawkins nor Mr. Campbell were aware of any local ordinances regulating this type of material although there are state laws dealing with pornography which Mr. Campbell feels effectively handle the issue. Mr. Campbell stated that he understands that the concern is not for any actual problem presently existing, but rather a concern for the future and as a preventive measure. Mr. agreed to contact the concerned citizens to ascertain the concern and purpose of their endeavor. CONSIDERATION OF THE REQUEST FROM CIVIL DEFENSE DIRECTOR, CHARLES CAPE, FOR A POLICY CHANGE ON VOLUNTARY TO PAY STATUS A request was received by Charles Cape, Civil Defense Director, to pay those civil defense workers that helped the City with the recent shuttle to move residents in and out.of their homes due to the high water in the West Shadow area. Mayor Benson asked Mr. Volk whether the work had been done as volunteer work as has always been the case when the civil defense c- _orireIs have been called to offer time. Mr. Volk stated that the work had been done in the spirit of voiunteeris r,. rather than as cn employee of the City. The vOi,r:ed the appreciation on the cart of the entire City for the civil defense department coming to the aid of the residents, however felt that the civil defense department has always been a volunteer organization as are several other organizations and boards serving the City and that pay to the workers would require a budget which currently does not exist. Mr. Schumacher was asked to see that a letter of thanks go to each volunteer for the fine work done in this emergency and that he also speak with Mr. Cane as to the policy of the civil defense organization. BLAINE, SUNSET DRIVE IMPROVEMENTS PUBLIC HEARING (7:35 P.M. Mayor Benson opened the public hearing to discuss the Blaine -- Sunset Drive Improvements issue at 7:53 P.M. The engineer for Blaine Was scheduled to appear to answer any questions residents had, however, he was not In attendance, therefore Mr. Toddie, Lino Lakes City Engineer answered the quest ions with the understanding he had of the situation. Mr. Toddie explained that -.uns'-t Drive borders Iiaine and Lino Lakes and t h a t t h e ' v of Plaine i doing this project. In an effort to see the utilities go in on both sides of Sunset Drive as cart of this project and not 1 1' COUNCIL MEETING June 9, 1986 Page Five a,�t "rh tha street to put in the utilities at a later date, Lino Lakes was asked if there would be interest on the part of the residents on the Lino Lakes side of the street to participate in the project. Mr. Toddie understood the following specifics regarding the project: Estimated cost - 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. Residents will have the option of immediately hooking up to water, sewer or both or hooking up at a later date with a slightly higher hookup charge due to inflation. The charge will not be considered an assessment, but rather a connection charge. The following questions were asked by the audience: Q Why will Lino Lakes residents' connection charge be less than Blaine residents? Mr. Toddie was not sure, but stated that possibly the difference is because the lines will already be in and paid for on the other side of the street and from a practical standpoint it would be beneficial for the City of Blaine not to have to tear up the street later. 0 Will the road be widened? A The proposed project calls for 44' roadway. C Is it possible to request a sidewalk on the Lino Lakes side due to the fact that the school aged children walk on the street to get to school? If so, at what cost? r If enough of the Lino Lakes residents feel this is important, a petition must be presented before the project is started. Responsibility to put foc,,ether such a petition is on the shoulders cal the resident Cost is unknown and would need to he examined. Will the residents have an opportunity to meet with the Blaine Engineer? A Mayor Benson said no, after closing this public hearins, there will be a 60 day required waiting period befc•rf official action taken by the Council. C When and how will residents pay for the connection charges? '. This will be explained at a later assessment hearing. C Can Blaine change their plans and back out '� That possibility does exist. 1 COUNCIL METT1NG .June 9, 1986 Page Six Could Lino Lakes residents request a wider driveway apron than the planned 12 feet? A Yes, the residents will be contacted at the time of construction and any additional charges would be borne by the resident. MOTION: Mr. Bohjanen moved to close the public hearing at 8:12 P.M. Mr. Bisel seconded the motion which carried unanimously. Mayor Benson explained to those in the audience that now the City is required to wait for ,60 days and if no petition to the contrary is received within that period, the City will go ahead with the project. He also reminded the residents to get together and decide upon the sidewalk issue and submit a petition if sidewalk is desired. CONSIDERATION OF UPDATING EQUIPMENT RATE CHANGES FOR 1986 Mr. Volk explained that the schedule of equipment rates which he has proposed would be what he considers fair.and reasonable after reviewing the rates used by other surrounding cities with like equipment. These charges would be what the City would collect if the equipment were "rented" by another government agency or in the case of an emergency only by a private party. He explained that currently the City operates under the policy that the City -owned equipment is not rented" to a private party, but that the Minnesota Public Works Association is working on a emergency disaster aid policy which will define when it is appropriate to allow a private party to use the City equipment. MOTION: Mr. Bohjanen moved to approve the proposed equipment rate schedule presented by Mr. Volk. Mr. Bisel seconded the motion which carried unanimously. CONSIDERATION OF APPOINTING AN ASSESSOR FOR 1986/198" Mr. Schumacher explained that appointing an assessor <� annual formality and that the present assessor, Mary hotsum is willing to complete another assessment year for S12,676 which is the figure negotiated by the Ways and Means Committee and approved by the last Council meeting. Mrs. Roisum has suggested that if new single family construction exceeds 150 units during the year that the Ways and Means Committee re- evaluate her work load and adjust her compensation accordingly. The Board discussed the number of new single family units during the past few years. The figure of 150 units is somewhat higher than has been experienced during the past few years. The consensus of the Board was to deal with the 113 114 COUNCIL MEETING June 9, 1986 Page Seven suggestion of re- evaluation of work load st,ould the- - situation arise. MOTION: Mr. Bohjanen moved to appoint Margie Roisum a the 1986/1987 assessor. Mr. Bisel seconded the motion which carried unanimously. ENGINEER'S REPORT State Aid Street Program Update Mr. Toddie reported that the five year program for state aid road projects was passed in the Spring of 1985 and though it is not required to be reviewed, it could he reviewed and amended should the Council feel it necessary, to include the West Shadow area in light of the recent flooding problems which were experienced in the area. He explained the program presently includes 4th Avenue, 2nd Avenue and Ware Road. Mr. Al Ross from the audience asked if the City could ask the County to participate in a project to repair West Shadow due to the fact that the County has the golf course in the area. Mayor Benson said this possibility could be examined at a later time. Under Old Business within this evening's meeting a time was scheduled to further examine the state a street program. Cost of Extending Utilities from Lake Drive to the North Line of the NE 1/4 of the SE 1/2 of Section 19 Mr. Toddle reported that the cost of this project would be S193,831 plus 30% contingency fees, engineering fees, etc. totalling $261,671. Mayor Benson asked that Mr. Schumacher check lhe property owners in this project to tie up loose ends. ATTORNEY'S REPORT tiir. Hawkins reported that he had no report this evening. OLD BUSINESS Petition Regarding Ieshanau Lake Area An anonymous letter was received by the City Clerk in reference to the petition on drainage problems in tto Reshanau Lake area. No action was taken on the anonymous letter, however Mr. Schumacher reported that the concerned parties who submitted the petition will be meeting with Rl e Creek Watershed District with regard to the drainage problems in the area. 1 M,f-ET I.Vs June 9, 1986 Page Eight eting to discuss State Aid Road Program A half -hour meeting was scheduled to discuss the issue of re- examining the State Aid Road Program. The meeting will take place at 6:30 P.M., July 14, 1986. Update of LaMotte Drive Drainage Problems Mr. Volk reported that he met with Joanne Weis in regard to a drainage problem on LaMotte Drive. Mr. Volk's opinion was that the problem has been caused by a development in Centerville and although the drainage pattern in the area does flow, it is not effective in a heavy rain. Mr. Volk will update the Council after checking with Rice Creek Watershed to see why the Centerville plat was not required to have a better draining plan. Boop Conditional Use Permit Request Update Mr. Kluegel reported that. Mr. Boop was intending to withdraw his request for a conditional use permit, however has since requested the issue be tabled indefinitely. Mr. Hawkins noted that if the applicant requested that consideration of his request be tabled, no further action need be taken at this time. Fire Hall Update Mr. Schumacher explained that the negotiations between the City and Village Plumbing for purchase of their building on Lake Drive for use as a fire station is at the point where a decision must be made as to what interest rate and terms the Council wishes to offer the seller. Mr. Schumacher explained that there is a possibility that the financing would be tax free and that the City Auditor, Mr. Tautges, is getting an opinion on this matter from the IRS. Mr. Schumacher stated what terms he would suggest and Mr. Hawkins concurred. MOTION: Mr. Bohjanen moved to offer tai l I _:s;e Plumbing, SI.. interest if the financing is tax free and 9% if taxable. There was no second to the motion, therefore the motion died. Discussion followed which cleared up some confusion regarding the terms, resulting in the following motion. MOTION: Mr. nisei moved that the City Administrator proceed to draft an offer to Village Plumbing calling for P°« interest if tax free or coo interest if taxable: $25,000 down payment; for a five year term. The proposal is also to allow for early pre- payment without penalty. Mr. Bohjanen seconded the motion. Motion carried unanimously. 115 116 COUNCIL 'METING June 9. 1986 Page Nine k'i t hin they Community Mr. Reinert voiced a concern regarding the excessive number of signs which are appearing all over the City without permits. He asked Mr. Kluegel to investigate the problem and take appropriate action to enforce the ordinance. It was suggested that it may be time to follow up on the temporary sign ordinance issue which was being discussed some months ago. Mr. Bohjanen suggested that the business community become involved when looking at the sign ordinance. Police Review Board Mayor Benson asked the status of the proposed police review board. Mr. Schumacher explained that he has put together an outline of criteria. Mayor Benson asked that this item be placed on a future agenda. NEW BUSINESS Comp Plan Review Mr. Bisel stated that he was pleased that the Council had an opportunity to meet with the comp plan review task force. He also suggested that the City Planner, Mr. Johnson prepare a presentation before finalization of the comp plan update proposal. Mayor Benson asked that Mr. BiseI extend the Council's appreciation for the work done to update the comp plan. Mr. Schumacher asked whether the Council wished to forward �. letter to the Metropolitan Council regarding extending the MUSA lines. Mayor Benson suggested that since the Council has not had an adequate opportunity to review the request and in Mr. Marier's absence he feIt that this item should tabled. A suggestion was also made to forward the letter to the County Commissioner and other legislative representatives for support. Police Department Mayor Benson said he heard a resident's cone-ern regarding the police medical emergency coverage. He asked Mr. Schumacher to check with the Police Chief and the Fire Ch to ascertain the policy for medical coverage. Mr. Bisel asked also to see an organization ahart of chain of command for the police department and fire department. Mr. Bisel moved to adjourn the meeting at P.M. Motion seconded by Mr. Bohjanen. Aye. These minutes were considered and approved at a regular meetin City Council on June 23, 1986. of the Marilyn'G. Anerson, Clerk- Treasurer Benjami- G. Ben or