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HomeMy WebLinkAbout10/13/1986 Council Minutes1 1 1 032 COUNCIL MEETING October 13, 1986 The regular meeting of the Lino Lakes City Council was called to order at 7:03 P.M. by Mayor Benson. Members present: Marier, Bisel, Reinert. Members absent: Bohjanen. Attorney, John Burke; Engi- neer Ron Stahlberg; Public Works Director, Don Volk; Building Inspector, Pete Kluegel and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - SEPTEMBER 22, 1986 Mr. Marier moved to approve the minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS September 30, 1986 Mr. Bisel moved to approve these disbursements as presented. Mr. Reinert seconded the motion. Motion carried. unanimously. October 13, 1986 Mr. Marier moved to approve those disbursements, with questions. Mr. Bisel seconded the motion. Mr. Marier questioned the disbursements for the Xerox typewriter. Mrs. Anderson explained that this item was included in the capitol outlay budget. Mr. Marier questioned the disbursement for American Tool Supply Inc. for a drill : press and tape. Mr. Volk explained this is an OSHA approved drill press. Mayor Benson asked how Administration and Police Department would benefit by the drill press. Mr. Volk explained how the costs are divided. Mr. Marier asked that Mr. Volk give the Council a statement indicating the new drill press was a necessary expenditure because the old drill press did not meet OSHA standards. Mr. Marier questioned the expenditure to Mr. Reinert for mileage and asked to see the itemized statement so that he could study and research it. Mrs. Anderson gave Mr. Marier a copy of the statement. Voting on the motion carried unanimously. Mayor Benson noted that all the disbursements were approved; Mr. Marier said that was not the intent of his motion. He moved to have all disbusements ap- proved with the exception of the disbursement to Mr. Reinert because he still wanted to research and study it. Mr. Marier moved to amend his motion to approve all the disburse- ments with the exception of the disbursement to Mr. Reinert. Mr. COUNCIL MEETING October 13, 1986 Page Two Bisel seconded the motion. Mr. Reinert and Mayor Benson voted no, resulting in a tie vote and Mayor Benson declared the motion failed. Mr. Marier said he believed the motion did not fail. Mayor Benson said in his opinion the disbursements were approved, but because there is a question, will hold up the disbursement to Mr. Reinert until Mr. Marier gives his okay. Mr. Marier said he would have his findings by the next Council meeting. OPEN MIKE A. FOREST LAKE YOUTH SERVICE BUREAU - Fran Williams, represent- ing the Bureau, appeared before the Council and presented additional written material regarding the Bureau. She thanked the Council for supporting the Bureau and asked the Council to consider in- creasing their support from $600.00 to $700.00 for 1987. Ms. Williams answered several questions from the Council including whether the Bureau was duplicating some services offered by the school district. She explained no services were duplicated; however, the Bureau did work in conjunction with the school on some services. The Bureau has met with representatives of the school, district and performed a needs assessment. This does indi- cate that the Bureau and school district have worked together to provide needed programs. Mayor Benson explained that the 1987 budget is still under con- sideration and the Council will take this request under advisement. Mayor thanked Ms. Williams for coming this evening. B. HERB JOHNSON - CABLE TV COMMISSIONER - Mr. Johnson told the Council the Commission has held its second special meeting con- cerning the sale of Group W Cable to North Central. He read a letter written by the Commission's attorney recommending approval of the sale now that the proper financial backing has been secured. The Commission has approved the sale with the understanding that it be approved by each member City before October 31, 1986. Mr. Johnson said there have been some problems with the initial installation of the cable but he is working on getting the problems corrected. Mayor Benson accepted a prepared resolution from Mr. Johnson re- garding the transfer of ownership of Group W Cable and told Mr. Johnson that it will be studied and considered at the October 27, 1986 Council meeting. Mayor Benson thanked Mr. Johnson for coming this evening. C. CHARLES PROKOP, 2210 DEER PASS TRAIL - Mr. Prokop referred to the original conditions under which Deer Pass Trail was constructed indicating that he and Mr. Jankers had the street constructed at a cost of $6,700.00 in 1974. Since that time, two additional houses 1 1 1 1 COUNCIL MEETING October 13, 1986 Page Three have been constructed. He was concerned because the City is issuing building permits on a street that has not been completed to City specification and the additional traffic will cause deterioration at a further rate. He asked the Council to take under advisement and consider bringing Deer Pass Trail up to City standards before additional permits are issued and to allow credit to him and the Jankers property for the money they have already expended for the street. Mayor Benson asked that the Clerk provide the Council with all Council minutes referring to Deer Pass Trail and make this an agenda item for October 27,- _1986. Mr. Prokop is to be advised as to where this will appear on the agenda. CONSIDERATION AND APPROVAL OF RESOLUTION #45 - 86, MAINTENANCE AND UPGRADING OF PINE STREET Mr. Bisel moved to adopt Resolution #54 - 86 and dispense with the reading.. Mr. Marier seconded the motion. Mayor Benson asked Mr. Volk if this is a Resolution this City can live with. Mr. Volk said yes, he had drafted portions of it to insure his standards are met. Voting on the motion; motion carried unanimously. JOINT RESOLUTION TOWN OF COLUMBUS - CITY OF LINO LAKES MAINTENANCE AND UPGRADING OF PINE STREET COLUMBUS RESOLUTION NUMBER 86 - 18 LINO LAKES RESOLUTION NUMBER 45 - 86 WHEREAS, the Township of Columbus and the City of Lino Lakes will jointly maintain the entire length of Pine Street and; WHEREAS, all costs incurred involving upgrading and /or main- tenance will be equally shared by both the Township of Columbus and the City of Lino Lakes and; WHEREAS, any upgrading and /or maintenance planned shall be equally agreed upon by the Public Works Department Heads, from each municipal entity, before construction and; WHEREAS, grading roadway in the summer months will take place as follows: Township of Columbus first year (1987), City of Lino Lakes the following year, and continuously alternating yearly there after and; 033 COUNCIL MEETING October 13, 1986 Page Four WHEREAS, grading of the entire length of Pine Street shall occur not less than one time every 14 days throughout the grading season and; WHEREAS, snow removal will be done as follows: The initial plowing will be done by the City of Lino Lakes, and the widening and winging will be done by the Township of Columbus and; WHEREAS, snow removal shall take place when two inches or more snow has accumulated on Pine Street. Adopted by the City Council this 13th day of October, 1986. dooPP- n Marilyn G. Anderson Clerk - Treasurer am G. Benson, Mayor 7:30 P.M. PUBLIC HEARING - MAIN STREET IMPROVEMENT - APPROVAL OF JOINT POWERS AGREEMENT Mayor Benson opened the public hearing at 7:30 P.M. Mr. Stahlberg explained that this is a County project and pointed out the plans on the chamber wall. The construction consists of improving Main Street from 4th Avenue to 35W by providing a four lane road surface, two lanes will be used for parking. The two parking lanes can be used for driving lanes in the future. There will be curb, gutter and storm sewers on portions of the road. The joint powers agree- ment outlines the City costs of the project. County State aid funds will cover a large portion of the project; however, some of the drainage, easement acquisition, curb and gutter is not eligible for State aid funding and the County is asking the City to participate in these costs. He explained the City Council could assess some of the City costs of approximately $55,800.00 to the benefited property owners. Basically, this is the reason for this im- provement hearing. - Mr. Livingston asked why Anoka County isn't doing all the funding since improving the street is their concern and not the problem of property owners abutting the street. Mr. Stahlberg explained that not all the costs are eligible for State aid funding and the County is asking that Lino Lakes contribute to the funding not covered by State aid. - Edmund Seekon, 899 Main. Street - Since there is no storm sewer- 1 1 COUNCIL MEETING October 13, 1986 Page Five where is the County proposing to drain storm water? It appears that storm water will be doing the same thing as in the past but will cost more money. Mr. Stahlberg explained storm sewers will be installed in the same areas of curb and gutters and storm water will be drained to holding areas. - Mr. Seekon asked if there is going to be compensation for right - of -way or is he going to be asked to give the right -of -way to the County and then be assessed for curb, gutter and storm sewer? Mr. Stahlberg explained the method of appraisal for right -of -way acquisition and also told him that presently the Council does not have an assessment procedure. The Council could assess all of the costs, part of the costs or none of the costs. Mayor Benson ex- plained the Council plans to put together an assessment policy shortly but until then no one can tell the property owners if there will be assessments. - Mr. Seekon explained he moved twenty miles out of the Twin Cities and does not want to be assessed as they are. He also told of the problem he has had since Elbe Street was constructed. The storm water runs south on Elbe to Main Street and then west to his property. - Question from the audience - why are we proposing to assess just those property owners abutting Main Street when others will also benefit from the improvement. If the street is improved, there will be more traffic. Those using the street will benefit just as much as the abutting property owners. - Comment from the audience - a sloped ditch is proposed for along his property. Why is the County putting in curbs and storm sewer that will only funnel more water to his property? - Mr. Seekon commented that this proposal will create more problems than it is solving. 034 - Mr. Livingston commented that it looks like this is moving water from one property owner to another. - Question from the audience - why is this project being proposed? What happens if the Council declines to assess? Mayor Benson ex- plained that the County has improved portions of County Road #14 to the west and this is the progression of the improvement. The City has no involvement in the County decision as to where County improvements are made. It is difficult for the City to answer these questions. - Comment from the audience - it doesn't sound like any of the property owners are in favor of the improvement. Is this a bill (assessment) in which no one has any input? Mr. Stahlberg com- COUNCIL MEETING October 13, 1986 Page Six mented that if the joint powers is not approved, the County could decide not to continue with the project. - Mr. Seekon. At the previous meeting he had asked if Rice Creek Watershed District is involved in this project. Mr. Stahlberg said he was not aware of how much Rice Creek Watershed District was involved. However, in this project the water will follow the lay of the land as it does now. The drainage is not being changed, only how it gets to the same point. - Question from the audience - since Main Street is a thoroughfare through the entire City and benefits the entire City, should not the entire City pay for the benefits? Mayor Benson said the Council will discuss this aspect later. Mayor Benson felt the County Commissioner and the County Engineer should be answering some of the questions and noted that this hearing should be continued. Question from the audience - are the figures firm? The figure given by Mr. Stahlberg is different from one given about two weeks ago? 'Mr. Stahlberg explained the figures were estimates. Mr. Marier explained that the purpose of the public hearing is to receive input from the citizens. The Council will listen and then contact the other governing body and the questions will be answered. He felt a good question was, why should I have to pay if some one else wants something done? The public will be kept informed. Mr. Marier asked that the County provide a breakdown of costs paid by other cities where Main Street was improved to the west. - Mr. James Clemens, owner of parcel 09- 31 -22 -12 -0002 asked if waters are diverted to the ditches near his property will the ditches be cleaned or will they back up onto his property? Mr. Marier moved to continue this hearing to October 27, 1986, at 8:00 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. 8:00 P.M. - CONTINUATION OF CONDITIONAL USE PERMIT PUBLIC HEARING - CUSTOM CONTRACTING Mayor Benson opened the public hearing at 8:03 P.M. Mr. Stahlberg explained the items of concern listed at the public hearing on September 22, 1986. Drainage was a concern. Mr. Stahlberg and Mr. Volk had determined the drainage pattern. At this time, the culvert under LaMotte Drive is plugged and a good ditch cleaning project is needed regardless of what happens to this particular request. The second concern was the street condition. The hauling of fill 1 1 1 COUNCIL MEETING October 13, 1986 Page Seven 035 onto the lot in question accelerated the breaking of the street. The street was patched and approved by Mr. Volk. This street is on the long -range plan for overlay. The third concern is the elevation of the lot. Mr. Kluegel requested that the owner apply for a conditional use permit because of the amount of fill that was deposited on the lot. The application has been submitted along with detailed contours and proposed elevation as well as written explanations as to how the lot owner will keep storm water run -off from dumping onto the neighbor lots. City Engineer, Bob Toddie, has reviewed the proposal and has sub- mitted his comments and recommendations. Mr. Stahlberg further suggested that the ditch that crosses LaMotte Drive be cleaned and action be taken to control the run -off from a Centerville subdivision. He further suggested that the yard on the lot in question be constructed to match the neighbors yards so they can blend for a better appearance. Mr. Volk explained he has taken steps through Rice Creek Watershed District to control the run -off from Centerville. A proposal is being developed and should be in place yet this fall. Mr. Mastro asked that when the drainage easement is cleaned that the debris be removed so that he can continue to maintain it. Question from the audience - if you are planning a one- inchLoverlay on LaMotte Road, will this be assessed? Mayor Benson noted that an assessment policy had not been developed so this cannot be answered at this time. Mr. Mastro felt if the property owners are to be assessed, this would be unfair since Custom Contracting did the majority of the damage. Mayor Benson asked Mr. Volk if Custom Contractors repaired the street accordingly. Mr. Volk said it was repaired to at least or better than it previously was. Mr. McKosy said he took issue with this statement. He thought the road was in the best shape it has been in for the last five years. He wanted it to be brought up to the condition it was before Custom Contracting came in. Mr. Volk explained breakup was occurring before Custom Contracting came in and accelerated the breakup. However, the street has been patched. Mr. Nelson of Custom Con- tracting explained that the plans have been revised to set the garage further from the street thereby making the rise to the garage over a longer portion of the lot. He also explained some of the fill will be used on the lake side of the home and therefore the house will not set as high as it appears now. Mr. Marier moved to close the public hearing at 8:25 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. COUNCIL MEETING II October 13, 1986 Page Eight Mr. Kluegel explained that the Planning and Zoning Board recommended approval of this request with the stipulation set out in Mr. Toddie's letter. Mayor Benson suggested adding the stipulation that the yard match. Mr. Bisel asked if the neighbors would go along with these recommendations. Mr. McKosy said his real concern was with the street. Mayor Benson said this issue will be dealt with at a later date. Mr. Marier asked Mr. Nelson if he had a problem with matching the driveway with the neighbors. Mr. Nelson said yes. Mayor Benson said the engineer had addressed this issue. Mr. Stahlberg said that if positive drainage is provided for the driveway so that water is not dumped on the neighbors, the elevation of the driveway is not a concern. There will be run -off regardless of the elevation. However, yards will match better if the grade of the lot is reduced. Mayor Benson asked Mr. Kluegel if he would have a problem keeping contact with the contractor during construction of a berm. Mr. Kluegel said no problem, the berm was a condition outlined in Mr. Toddie's letter. He felt there would be no adverse effects to the neighbors if Mr. Toddie's recommendations were followed. Mayor Benson asked Mr. Nelson if he would have a problem matching the driveway to the neighbors driveway? Mr. Nelson said yes, the proposed elevation for this driveway is higher than the neighbors but felt that would not be a problem since storm water run -off was being controlled. Mr. Marier moved to deny the conditional use permit until the con- tractor can meet the request of the neighbor property owners and the engineer's request. Motion died for a lack of a second. Mr. Reinert asked Mr. Nelson if he could meet the objectives as presented. Mr. Nelson said he could meet the requirements of the engineer as stated. Mr. Reinert asked if this would satisfy the neighbors. Mr. McKosy said no, his lot is considerably higher than the lots on either side, he is only asking that the elevations be nearly the same height. Mr. Reinert asked how can the neighbors be appeased? Mr. McKosy said they would be appeased if the concerns of the property elevations are met. Mr. Nelson felt his proposal would not be inconsistant as it now is planned. Mr. Bisel moved to continue the public hearing to the next Council meeting and asked Mr. Nelson to present elevations showing the new house will be consistant with the neighborhood. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF ORDINANCE #09 - 86, FIRST READING - AMENDING HOME RULE CHARTER, FILING DATE 1 1 COUNCIL MEETING 036 October 13, 1986 Page Nine Mr. Bisel moved to approve the first reading of Ordinance #09 -86 and dispense with the reading. Mr. Reinert seconded the motion. Motion carried unanimously. CITY OF LINO LASES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 09 86 AN ORDINANCE AMENDING THE LINO LAKES HOME RULE CHARTER BY ALLOWING A LONGER PERIOD FOR ANY QUALIFIED RESIDENT OF THE CITY TO HAVE`.BIS/ HER NAME PLACED ON THE MUNICIPAL ELECTION BALLOT. f The City Council of the City of Lino Lakes does ordain: I. Chapter III. Section 4.02, Filing for Office of the Lino Lakes Home Rule Charter is amended to read as follows: 1 No earlier than fifty six (56) days and not later than forty two (42) days before any municipal election, any resident of the City qualified under State Law for elect- ive office may, by filing an affidavit and by paying a filing fee to the Clerk- Treasurer in an amount as set by Ordinance, or by means otherwise permitted by State Law, have his /her name placed on the municipal elect- ion ballot. II. Save as above amended, said Lino Lakes Home Rule Charter shall stand as initially passed and as previously amended. III. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed by the City Council this 13 IMarilyn G. Anderson Clerk- Treasurer day of October ,1986. Benham n Benson, Mayor COUNCIL MEETING October 13, 1986 Page Ten CONSIDERATION OF ORDINANCE #10 - 86, FIRST READING - AMENDING HOME RULE CHARTER, FINANCING IMPROVEMENTS Mr. Marier moved to approve the first reading of Ordinance #10 -86 and dispense with the reading. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10- 86 AN ORDINANCE AMENDING THE LINO LAKES HOME RULE CHARTER BY OMITTING THE NEED FOR A GENERAL ELECTION ON IMPROVEMENT PROJECTS WHEN OUTSIDE FUNDING SOURCES SUPPLEMENT ASSESSMENT PROJECTS The City Council of the City, of Lino Lakes does ordain: I. Chapter VIII, Section 8.04 Subdivision 2 of the Lino Lakes Home Rule Charter is amended to read as follows: Regardless of the provisions of Subdivision 1 of this section, when less than one hundred (100) percent of the estimated cost of the proposed improvement is to be paid for by special assessments, connection charges, or any outside funding sources other than the City general fund, the Council shall within one hundred twenty (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 one hundred twenty (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 associated assessment formula are opposed, the Council shall not proceed with the local improvement as proposed. II. Save as above amended, said Lino Lakes Home Rule Charter shall stand as initially passed and as previously amended. This ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. 1 037 IPassed by the City Council this 1 Marilyn G. Anderson Clerk - Treasurer COUNCIL MEETING October 13, 1986 Page Eleven 13 day of October , 1986. o, ' - /`'its %I►,� Benjam G. Benson, Mayor CONSIDERATION OF RESOLUTION #42 - 86 AUTHORIZING THE PURCHASE OF CERTAIN TAX FORFEIT LOTS Mr. Marier has visited the site of the tax forfeit lots and felt there were some lots that were not buildable in their present state. It was noted that the City Administrator had talked to Mr. Uhde, a contractor in that area and Mr. Uhde said he could give the City an idea what it would take to make all the lots buildable and establish a value. Mr. Marier moved to table this item until Mrs. Anderson contacts Mr. Uhde. Mr. Bisel seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG Mr. Stahlbert did not have a report. ATTORNEY'S REPORT - JOHN BURKE Mr. Burke did not have a report. NEW BUSINESS A. CIVIL DEFENSE PROPOSAL Mayor Benson noted a letter submitted by Civil Defense Director Charles Cape who is proposing that the members of the Civil Defense be given a quarterly check of $40.00 for their services. Mayor Benson noted that it has always been the policy of this City to keep the Civil Defense organization on volunteer status. He noted that the Planning and Zoning Board and the Park Board members receive only $25.00 a quarter. Mr. Reinert was concerned that approving this request may set a procedure. Mr. Bisel felt this organization did perform a needed service, however, he would like them kept on a volunteer basis. If the City does take it out of the volunteer status, various guidelines would have to be esta- blished and the City would have to advertise for the positions. In addition, if this occurred, the City would have to look COUNCIL MEETING October 13, 1986 Page Twelve and determine if this is needed. Mr. Marier suggested that Mrs. Anderson write to Mr. Cape and express all of the concerns of the Council regarding this matter and expressing the Council's gratitude for their services. B. RESOLUTION RECOMMENDING APPROVAL REGARDING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE OF THE NORTH CENTRAL SUBURBS, INC. Mr. Marier moved to place this item on the next Council agenda so that the Council will have an opportunity to study the reso- lution. Mr. Bisel seconded the motion. Motion carried unanimously. C. STRATEGIC PLANNING MEETING Mrs. Anderson asked the Council to let her know who would be at the Strategic Planning meeting so that arrangements could be made for rooms and the planning room itself. Mayor Benson explained that the City has to guarantee that five rooms will be reserved so that the meeting room is free of cost. He felt the Council members, the Administrator and maybe one or two of the staff members should stay overnight. Mayor Benson explained he felt this was a key meeting and it was important for everyone to stay together. Mr. Bisel said Mayor Benson said they would be attending and staying overnight. Mr. Marier said he would be attending but would not stay overnight. Mr. Reinert will be out of town on that date. OLD BUSINESS A. COMPREHENSIVE PLAN AMENDMENT UPDATE - PETE KLUEGEL Mr. Kluegel explained the next meeting will be Wednesday, October 15, 1986, at 7:00 P.M. There probably will be two additional meetings. Mayor Benson asked why three, they told the Council they could wrap it up in one meeting. Mr. Bisel felt it was important that the group know the funding stops with one meeting. Mr. Bisel said he would attend this next meeting. B. LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING Mr. Marier and Mayor Benson asked that reservations be made for them for this meeting. Mr. Marier moved to adjourn at 9:15 P.M. Mr. Bisel seconded the motion. Aye. These minutes were considered a,, approved .t . -gu .r counsil meeting on the 27th of October G. ANDERSON B` JAMI G. BENSON