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HomeMy WebLinkAbout10/27/1986 Council Minutes1 1 1 COUNCIL MEETING October 27, 1986 The Regular meeting of the Lino Lakes City Council was called to order at 7:06 P.M. by Mayor Benson. Members present: Marier, Bisel, Bohjanen. Absent: Reinert. City Attorney Bill Hawkins, Building Inspector, Pete Kluegel, City Admini- strator, Randy Schumacher, Engineer, Ron Stahlberg, and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - OCTOBER_13, 1986 Mr. Bisel moved to approve the minutes as presented. Mr. Marier seconded the motion. Motion carried with Mr. Bohjanen abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - OCTOBER 27, 1986 Mr. Marier moved to approve the disbursements as presented except holding the disbursement dated October 13, 1986, in the amount of $133.76 for further information regarding an item for April 28, 1986. Mr. Bisel seconded the motion. Motion carried unanimously. OPEN MIKE A. ALVIN PETERSON - Mr. Marier explained that Mr. Peterson will not be able to appear tonight because of ill health, but has contacted him to ask the Council to investigate the hook -up charges that Blaine is charging the Sunset Road sewer and water users in Lino Lakes. Mrs. Anderson told the Council that when a Lino Lakes resident requests a hook -up permit in Blaine, the charges are: sewer permit $15.00, SAC $475.00, water connection permit $10.00, water meter $50.00, and water connection fee $552.00 Mr. Marier moved to have the staff check with the City of Blaine to determine if these fees are charged to all who re- quest permits or to just the Lino Lakes residents and report to the Council at the next regular meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. B. LARRY JABLINSKI, CENTENNIAL SUMMER RECREATION REPORT - Mr. Jablinski thanked the Council for the financial support they have given this program and asked for continued support. He outlined a report that he had presented to the Council tonight and asked the Council for comments, criticism or suggestions. COUNCIL MEETING October 27, 1986 Mr. Bisel asked how many students from Lino Lakes attend Centennial School District. Mr. Jablinski said he would provide this information to the Council. Mr. Jablinski explained that the District plans to continue expanding the programs particularily in the evenings. He also felt Centerville was not being offered adequate program- ing. Mr. Schumacher asked if the State had adjusted their assist- ance to this program and Mr. Jablinski said it has been adjusted upwarded, there is more assistance. CONSIDERATION AND APPROVAL OF TRANSFER OF OWNERSHIP OF GROUP W CABLE TV TO NORTH CENTRAL SUBURBS, INC.- RESOLUTION #46 - 86 Mr. Mike Cusick explained some of the background regarding the sale of the Cable TV. He said there has been some financial questions to be answered by the new buyer and the questions were answered to the Cable Commission's satisfaction. Mr. Hawkins said he briefly reviewed the material submitted to him and did not see a problem with the sale. Mr. Bisel asked how the sale would affect the person sitting at home in front of his TV. Mr. Cusick felt the consumer will be affected positively because he feels the system will be better managed. Mr. Herb Johnson explained he felt the new owner would do a better job of providing service. Mr. Al Ross asked how stable the cost to the consumer will be. Mr. Cusick explained that cable has been deregulated 'and ex- pects there will be some fluctuation in the cost. Mr. Marier moved with reservation to approve Resolution #46 - 86 approving the transfer of the ownership of Group W Cable and dispense with the reading and noting his concern with the arbitrary raise in rates and would encourage the new owner to add new subscribers rather than raise the rates. Mr. Bisel seconded the motion. Motion carried unanimously. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES RESOLUTION NO. 46 -86 APPROVING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE OF THE NORTH CENTRAL SUBURBS, INC.. WHEREAS, Group W Cable, Inc., a New York Corporation (hereinafter "Group W Cable "), by and through Group W Cable 1 1 • COUNCIL MEETING October 27, 1986 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 Ordi- nance"); and WHEREAS, Group W Cable desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable of the North Central Suburbs, Inc. to North Central Cable Communications Corporation (here- inafter "North Central ") and thereby transfer control of Group W Cable of the North Central Suburbs, Inc., to North Central; and WHEREAS, Group W Cable has requested the consent from the City to a change in ownership and control of Group W Cable of the North Central Suburbs, Inc., to North Central; and WHEREAS, the North Central Suburbs Cable Communications Commission (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 Coopera- tive 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 North Central and finds no reasonable basis to deny the request for transfer as a re- sult of said review; and WHEREAS, the Commision has recommended to City approval of the transfer of control of Group W Cable of the North Central Suburbs, Inc. to North Central subject to the actual closing of the stock sale; and WHEREAS, the Commission has also recommended approval of a request by North Central to permit the pledge as security to its lenders the stock and assets of North Central and its subsidiaries, which would include Group W Cable of the North Central Suburbs, Inc.; WHEREAS, the City does not object to such security interest in the stock and assets. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 039 COUNCIL MEETING October 27, 1986 1. That the City hereby approves the sale by Group W Cable, Inc. of all of the issued and outstanding shares of the capital stock of Group W Cable of the North Central Suburbs, Inc. and the transfer of control of Group W Cable of the North Central Suburbs, Inc. to North Central subject to an actual closing of the stock sale transaction on or before December 31, 1986, pursuant to the terms and conditions as evidenced by the Notice of Transfer to said Commission and City and all written represent- ations from North Central associated therewith. 2. The City approves the pledge by North Central as security to its lenders the stock and assets of North Central and Group W of the North Central Suburbs, Inc. Passed and adopted this 27th day of October, 1986. Marilyn G. Anderson Clerk - Treasurer CONSIDERATION OF RESOLUTION #47 - 86 AUTHORIZING REFINANCING OF BLACK DUCK IMPROVEMENT BOND - DAVE MACGILLIVARY, SPRINGSTED, INC. Mr. MacGillivary explained the purpose of this proposal is to refund the 1982 bond issue and to provide funding for the Sunset Road improvements. By refunding the 1982 issue, interest rates will be reduced producing $60,000 to $80,000 savings over a three year period. He also explained this is a good time to sell bonds since interest rates are low and there is a good demand for municipal bonds. Mr. Marier moved to approve Resolution #47 -86 authorizing the refinancing of the 1982 improvement bonds and dispense with the reading. Mr. Bohjanen seconded the motion.. Motion carried unanimously. 1 040 COUNCIL MEETING October 27, 1986 RESOLUTION NO. 47 - 86 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $475,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986A BE IT RESOLVED By the City Council of the City of Lino Lakes, Anoka County, Minnesota (City) as follows: 1. It is hereby determined: (a) That the following assessable public improvements (the "Improvements ") have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: (b) That it is necessary and expedient to the sound financial management of the affairs of the City to issue $ General Obligation Improvement Bonds, Series 1986A (Bonds) to provide financing for the Improvements. 1.1. It is further determined: (a) The City is authorized by Minnesota Statutes, Section 475.67, Subdivision 3 (Act) to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City. (b) The City has issued and sold its $750,000 General Obligation Improvement Bonds of 1982, dated October 1, 1982, (1982 Bonds). The 1982 Bonds maturing in the years 1989 to and including 1991 are subject to redemption on February 1, 1987, and bear interest at rates in excess of current rates for municipal bonds. (c) Subdivision 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligation to be refunded shall have been called for redemption. (d) The Council finds that it is necessary to use the authority granted by the Act to issue and sell refunding obligations to refund the 1982 Bonds to reduce debt service costs. (e) That it is necessary and expedient to the sound financial management of the affairs of the City to issue $ General Obligation Improvement Bonds, Series 1986A (Bonds) to refund the 1982 Bonds. COUNCIL MEETING October 27, 1986 2. In order to provide financing for the Improvements and for refunding the 1982 Bonds, the City shall therefore issue and sell Bonds in the amount of $467,875. In order to provide in part the additional inter- est required to market the Bonds at this time, additional Bonds shall be issued in the amount of $7,125. Any excess of the purchase price of the Bonds over the sum of $467,875 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Terms of Offering: OFFICIAL TERMS OF OFFERING $475,000 CITY OF LINO LAKES, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1 986A Sealed bids for the Bonds will be opened by the City Administrator or his designee on Monda November 24, 1986, at 12:00 Noon, Central Time, at the office of SPRINGSTED Incorporated, 85 Ea. Seventh Place, Suite 100, Saint Paul, Minnesota 55101 -2143. Consideration for award of the Bon: will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS 1 The Bonds will be dated December 1, 1986, as the date of original issue, and will bear interest payable on February I and August I of each year, commencing August 1, 1987. interest will be computed upon the basis of a 360 -day year of twelve 30-day months and -will be rounded pursuant to rules of the MSRB. The Bonds will be issued in the denomination of. $5,000 each, or in integral multiples thereof as requested by the Purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the Registrar and interest on each Bond will be payable by check or draft of the Registrar mailed to the registered holder thereof at his address as it appears on the books of the Registrar as of the 15th day of the calendar month next preceding the interest payment. The Bonds will mature February I in the amounts and years as follows: $10,000 1988 $125,000 1989 -1991 $15,000 1992 -1997 MANDATORY REDEMPTION In the event that pursuant to federal laws and regulations the City is required to use unexpended Bor proceeds for early redemption of Bonds in order to continue exemption of the Bonds from feder taxation, the City shall use such unexpended Bond proceeds to redeem Bonds on any date after noti< is given pursuant to law. Those Bonds remaining unpaid which have the latest maturity date will prepaid first. If only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid will be chosen by lot by the Registrar. All such prepayments shall be at a price of 102% plus accrued interest. 1 OPTIONAL REDEMPTION COUNCIL MEETING October 27, 1986 041 The City may elect on February 1, 1991, and on any interest payment date thereafter, to prepay Bonds due on or after February 1, 1992. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date' will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par and accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund a portion of the City's improvement bonds dated October I, 1982, and to finance improvements within the City. TYPE OF BID A sealed bid for not Tess than $467,875 and accrued interest on the total principal amount of the Bonds shall be filed with the undersigned prior- to the time set for the opening of bids. Also prior to the time set for bid opening, a certified or cashier's check in the amount of $4,750, payable to the order of the City, shall have been filed with the undersigned or SPRINGSTED Incorporated, the City's Financial Advisor. No bid will be considered for which said check has not been filed. The check of the Purchaser will be retained by the City as liquidated damages in the event the Purchaser fails to comply with the accepted bid. The City will deposit the check of the Purchaser, the amount of which will be deducted at settlement. No bid shall be withdrawn after the time set for opening bids unless the meeting of the City scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates offered by Bidders shall be in integral multiples of 5/100 or 1/8 of 1%. No rate for any maturity shall be more than 1% lower than any prior rate. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. AWARD The Bonds will be awarded to the Bidder offering the lowest dollar interest cost to be determined by the deduction of the premium, if any, from, or the addition of any amount Tess than par, to, the total dollar interest on the Bonds from their dote to their final scheduled maturity. The City's computation of the total net dollar interest cost of each bid, in accordance with customary practice, will be controlling. • The City will reserve the right to: (i) waive non - substantive informalities of any bid or of matters relating to the receipt of bids and award of the Bonds, (ii) reject all bids without cause, and, (iii) reject any bid which the City determines to have failed to comply with the terms herein. REGISTRAR The City will name the Registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the Registrar. COUNCIL MEETING October 27, 1986 CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT 1 Within 40 days following the date of their award, the Bonds will be delivered without cost to the Purchaser at a place mutually satisfactory to the City and the Purchaser. Delivery will be subject to receipt by the Purchaser of an approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no- litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City, or its designee, not later than 1:00 P.M., Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the Purchaser shall be liable to the City for any loss suffered by the City by reason of the Purchaser's non - compliance with said terms for payment. At settlement the Purchaser will be furnished with a certificate, signed by appropriate officers of the City, to the effect that the Official Statement did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Underwriters may obtain a copy of the Official Statement by request to the City's Financial Advisor prior to the bid opening. The Purchaser will be provided with 15 copies of the Official Statement. 3. The City Clerk- Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Terms of Bond Sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner required by law. The City Council shall meet on Monday, November 24, 1986 at 7:00 o'clock P.M. for the purpose of considering sealed bids on the Bonds and taking any other appropriate action. The Resolution was presented by Councilman Marier who moved its adopt- ion, the reading of which was dispensed with by unanimous consent. The Motion for the adoption of the foregoing Resolution was duly sec- onded by Councilman Bohjanen and upon vote being taken thereon, the following voted in favor of the motion: Marier, Bohjanen, Bisel and Mayor Benson and the following voted against: none where upon said Resolution was declared duly passed and adopted. Dated: Oct oof,r 27, 1986 042 1 COUNCIL MEETING October 27, 1986 BY ORDER OF THE CITY COUNCIL City Clerk - Treasurer PUBLIC HEARING - NORTH ROAD IMPROVEMENTS Mayor Benson opened the public hearing at 7:34 P.M. Mr. Stahlberg explained the improvement for North Road is related to the improvements in Rice Lake Estates and related to the installation of the trunk sewer line by Metropolitan Waste Control Commission (MWCC). It was decided that since the street was to be excavated for installation of the trunk sewer, water connections should be provided at the same time so that Anoka County could reconstruct the street according to MSA speci- fications with curbs and gutters. Mr. Stahlberg provided overhead views of the construction area. He also explained the proposed costs for the services are based upon the costs for Rice Lake Estates. There are five property owners involved in this improvement. Mr. Stahlberg explained how one property owner was provided with two services from the North Road project and one service from the Sunset Road project. This w enable the property owner to divide his lot into three parcels. M Ron Becker, 51 North Road - Mr. Becker asked why the services were placed at the corner of the lot rather than in front of the homes. Mr. Stahlberg explained that he sent the correct drawings to MWCC, however, their contractor installed them in the wrong location. Mr. Becker asked who would pay for the extra thirty feet of connection pipe that will have to be installed because of this error. Because of this error the connection will also have to run under his driveway. Mr. Stahlberg said he had contacted MWCC about their error and they refused to correct the situation. Mr. Becker also noted he does not have a paved apron in his driveway. Jan Clingingsmith - 6808 Lakeview Drive - Ms. Clingingsmith asked who pays for the connection from the street to the house. Mr. Stahlberg said this is the responsibility of the homeowner. Ms. Clingingsmith asked when it was decided to extend sewer to her house. Mrs. Anderson was asked to research this in previous Council minutes. Ms. Clingingsmith asked why her house was connected to the North Road services since her house faces Lakeview Drive. Mr. Stahlberg explained it was because Lakeview is not expected to receive sewer service until some time in the future. M Clingingsmith asked how footage for assessments were determined for h lot since it was a corner lot. Mr. Stahlberg explained the normal p edure. COUNCIL MEETING October 27, 1986 Mr. Becker asked if the homeowner will bear the additional cost due to the error of installing the services in the wrong area? Mr. Stahlberg said probably the homeowner. Mr. Becker asked. why the services were placed at the corner of the lot, it is not logical. Mr. Stahlberg was unable to determine the answer to this question. He had given the pro- per locations to MWCC and apparently they did not follow through with their contractor. Bob Doocy, 43 North Road - Mr. Doocy asked what recourse the homeowners have with MWCC. Mr. Hawkins indicated there may be cause for a class action suit against MWCC. Mr. Doocy asked if the City would stand be- hind the homeowners in this matter. Mayor Benson said the Council would do as much as possible. Mr. Al Ross commented that it was the City engineer's responsibility to see that the installation was in the proper location. Mr. Stahlberg explained this was not a City project so only the MWCC engineer was in- volved. Mr. Ross commented that whenever projects are under construction, the City engineer should be sure it meets City specifications. Ms. Clingingsmith asked if there was meeting called prior to the pipes being placed in the ground. Mayor 'Benson said yes. Ms. Clingingsmith asked why her house has to be hooked up and why does she have to pay when her house faces Lakeview Drive? Mr. Marier explained this should have been discussed at the previous meeting regarding this property. Mr. Becker said he felt it was the City's responsibility to get MWCC to correct their error not the homeowner's responsibility. Mr. Marier moved to get in writing why MWCC placed the services in the wrong area and what they plan to do to alleviate the extra costs to the homeowner. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Doocy asked if the residents have to hook up to the services im- mediately? Mr. Marier said the timing would be up to the homeowner. Mr. Marier moved to close the public hearing at 8:02 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. 8:00 P.M. CONTINUATION OF PUBLIC HEARING - MAIN STREET IMPROVEMENT - APPROVAL OF JOINT POWERS AGREEMENT Mayor Benson opened the public hearing at 8:03 P.M. Mr. Stahlberg explained this public hearing is continued from October 13, 1986 because there were questions that landowners wanted answered by the County Engineer. 1 1 Mr. Jon Olson, County Engineer and Margaret Langfeld, County Commissioner were present. Mr. Olsen used the overhead projector and outlined the entire project. He explained that the volume of traffic is increasing 1 1 1 043 COUNCIL MEETING October 27, 1986 drastically on this portion of Main Street making upgrading the street a County priority. He also noted that it has been County policy to ask each community where construction is occurring to share in the costs of some of the improvement and further detailed the County policy as to what portions of the construction would be cost sharing. A question was asked about a portion of Main Street in Blaine that was improved and the City was not asked to share costs. Mr. Olsen said that particular por- tion of Main Street was a state highway not a County highway and he was not aware of the state's position regarding cost sharing. Right -of -way appraisals are currently being completed and negotiators will be contacting the landowners within the next two to three weeks. The appraiser should contact the landowners to allow them to be present during the appraisal. The project includes use of existing drainage facilities as much as pos- sible. The westerly portion will drain west toward 4th Avenue and even- tually end in County Ditch #22. The County has already expressed its willingness to participate in the cost of upgrading Ditch #22. In the area near Lake Drive the storm water will drain to a storm sewer installed near Tom Thumb. East of Lake Drive, storm water will drain east to existing low areas. Edmund Seekon asked who would get curb and gutter. Mr. Olsen explained this dedision will be based on whether it is possible to install curb and gutter to limit the impact on the lot. Mr. Seekon said he did not feel he should have to sell part of his lot just to pay assessment. Chris Ross - Is the City going to assess the entire project from one end to the other. Mayor Benson said the Council has made no decision on this matter. Ron Brown - Are some sections going to be built to rural standards and some to urban standards? This will look strange. Mr. Olsen explained how the construction would be placed and suggested that if there are further concerns Mr. Brown should look at County #20. James Clemens - Mr. Clemens said he would receive all the water from the storm sewers giving him more water than he is receiving now. Mr. Olsen said the County will continue to use the drainage pattern as it has all of these years. There is a ditch on the property to receive these waters, but it does need improvement. Mr. Brown noted that the water draining east from Elbe Street drains into a swamp on the north side of Main Street. Alvin Diemert, 682 Main Street - Mr. Diemart asked if the ditch in front of his house would be filled in. Mr. Olsen said the ditch would remain and the water would flow in the same direction as it is now. Mr. Diemart said he would be receiving more water from the east than what is coming now. COUNCIL MEETING October 27, 1986 Jim Livingston - Mr. Livingston said he would like to kill the program because if a better road is built it will bring more traffic into this area. Mrs. Carol Hargate, 781 Main Street - Mrs. Hargate said she was uncom- fortable with so many questions still unanswered. She asked if she could be assured that she would not be flooded more. Mayor Benson said this City has& water management problem and a total City plan is needed. The City is researching problem areas and are trying to use existing drainage on new projects. Mr. Marier assured the residents that all issues raised tonight will be researched. A gentleman in the audience noted that the City should not be issuing building permits in problem areas such as on Pine Street. He also said when a project is developed care should be taken so that the developer manages his own water. Mr. Livingston asked how firm are the cost estimates? Mayor Benson said the City is looking at approximately $60,000.00. -When the City decides when everyone gets assessed, will the residents b notified. Mayor Benson said there would be an assessment hearing. -Can petitions be filed against the project? Mayor Benson said this pro- cedure is outlined in the Charter. Mr. Marier moved to close the public hearing at 9:16 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson told the audience that both Commissioner Langfeld and Mr. Olsen would take any further input they may have. The Council will not make any decision for 60 days regarding the joint powers agreement and will notify property owners prior to the Council - decision. The Council took a ten minute recess. CONTINUATION OF PUBLIC HEARING - CONDITIONAL USE PERMIT - CUSTOM CONTRACTI Mr. Kluegel explained this hearing was continued from the October 13, 1986 Council Meeting so that Mr. Nelson of Custom Contracting could provide elevations of the property in question on LaMotte Drive. Mr. Nelson showed the Council the map where he had calculated elevations of the neighboring driveways using the top of a manhole as zero. The driveway he is proposing for the new house on the lot in question is sixteen inches higher than the driveway on the property to the south. M Marier was concerned about the elevation of the new house in comparison to the existing homes. Mr. Nelson said that at first floor level the ne house would be sixteen inches higher than the neighbor houses. 1 044 COUNCIL MEETING October 27, 1986 Mr. Stahlberg explained that several plat drawings have been submitted and he was not sure what drawings were to be used. He was also con- cerned about making sure the basement was above the water table. After further discussion, Mayor Benson asked that Mr. Nelson provide an exact plat plan indicating front, side and rear lot setbacks, soil borings and elevation of footings and elevations of finished yard. Mayor Benson asked that this information be submitted prior to the Council Meeting so that Mr. Stahlberg can review it and have a recommendation for the Council. Mr. Bisel moved to table this matter until such time as the engineer is satisfied with the drawing. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF AUTHORIZATION FOR DEVELOPMENT PROPOSAL - CITY TAX FORFEIT PROPERTIES — RESOLUTION 142 -86 Mr. Schumacher explained that the County has notified the City there are additional tax forfeit lots in the Black Duck Drive area and the City has the first chance to purchase them from the County. There were assess- ments on the lots prior to becoming tax forfeit. Mr. Schumacher suggested to the Council rather than offering the lots for sale he be allowed to entertain developers agreements. Mayor Benson asked that Mr. Schumacher submit to the Council a plan for this procedure for Council review. Mr. Marier moved to approve Resolution #42 -86 and dispense with the read- ing. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES Resolution No. 42 - 86 A RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN TAX FORFEIT PROPERTY FROM THE STATE OF MINNESOTA WHEREAS: Anoka _County Auditor, Charles R. Lefebvre in his letter dated September 16, 1986 has indicated that several lots located in the City of Lino Lakes has been forfeited to the State of Minnesota, and WHEREAS: All of these lots have assessments certified against them, and WHEREAS: The City feels the only method of recouping at least a portion of the assessments is to offer the lots for sale to the highest bidder, COUNCIL MEETING October 27, 1986 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA that the following described lots be purchased from the State of Minnesota and offered for sale to the highest bidder: Lot 1, Block 8, Lakes Addition #3 Lot 2, Block 8, Lakes Addition #3 Lot 5, Block 8, Lakes Addition #3 Lot 11, Block 8, Lakes Addition #3 Lot 12, Block 8, Lakes Addition #3 Lot 9, Block 9, Lakes Addition #3 Lot 10, Block 9, Lakes Addition #3 Lot 11, Block 9, Lakes Addition #3 Adopted by the Council of the City of Lino Lakes this twenty- seventh day of October, 1986 Marilyn G. Anderson, Clerk- Treasurer Benjamin G. BEnson, Mayor CONSIDERATION OF FINAL DECISION FOR AMBULANCE SERVICE Health Central and District Memorial Hospital (DMH) have previously pre - sented plans to the Council regarding ambulance service from the Lino Lakes Fire Station at 7731 Lake Drive. The Council had told both pro- viders that a final decision would be made tonight. Mr. Marier asked Mr. Mattson of DMH if he had plans for other expansion of DMH's service. Mr. Mattson said he was not interested in further ex- pansion because of the different requirements. Mr. Marier moved to approve DMH's ambulance service for Lino Lakes. Mr. Bohjanen seconded the motion. Mr. Bisel questioned if the southeast corner of Lino Lakes would be better serviced by the White Bear ambulance service. He has already talked to Central Communications and they would need a list of addresses before White Bear Service begins. A mutual aid agreement should be completed with White Bear Ambulance Service. Mr. Bisel moved to amend the motion to exclude the area east of 35E and south of Main Street from the DMH service area. Mr. Mattson suggested that he could meet with Mr. Schumacher and determine the area to be ser- viced by White Bear. Mr. Bisel withdrew his amendment. Mr. Schumacher explained the Council should outline their rationale for selecting DMH as ambulance provider for Lino Lakes and offered the foll- 045 owing: 1) DMH wanted to provide a satellite in Lino Lakes to provide Ifaster response time and no other provider wanted to do this, 2) DMH offered to provide .free emergency service training to the fire district and, 3) DMH offered to pay for rental space in firehall #2. Voting on the original motion and including the amendment offered by Mr. Schumacher, motion carried unanimously. COUNCIL MEETING October 27, 1986 Mayor Benson suggested that January 1 be set as the date for the change to become effective. PLANNING AND ZONING BOARD REPORT - PETE KLUEGEL A. Site and Building Plan Approval - Paul Wolters - Mr. Kluegel explained Mr. Wolters is proposing to build a 5,600 square foot pole type building to house a printing shop. The area is properly zoned for this use. The Planning and Zoning concerns of landscaping, parking, building elevations and appearance have been addressed. Mr. Wolters showed the Council his plans. Mr. Schumacher asked if the drainage problem has been resolved and Mr. Wolters said yes the building was raised one foot to allow for natural drainage. Mr. Schumacher asked if he had a lease agreement with the printer. Mr. Wolters said no, but the building is being built per his specifications and will be leased very shortly to the printer with option to buy. Mr. Wolters also noted that the power pole is being moved out of the driveway to near the building. There will be no exterior storage. Mr. Bohjanen moved to approve the site and building plans for Paul Wolters subject to the recommendations of the Planning and Zoning Board and to meet all requirements presented tonight and to construct the front entry as outlined at the last hearing for Paul Wolters. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel moved to continue the Council Meeting until all business at hand is completed. Mr. Bohjanen seconded the motion. Motion carried unani- mously. B. Minor Subdivision - Ed Vaughan - Mr. Vaughan is requesting a sub- division on one 10.5 acre parcel with 360' frontage from his 300 plus acreage to construct one single family residence. The area is zoned rural and the request meets all requirements of this zone. Mr. Marier moved to grant a subdivision of 10.5 acres for one single family residence subject to the Planning and Zoning recommendations. Mr•Bisel seconded the motion. Motion carried unanimously. C. Conditional Use Permit - Advertising Sign - Schubert Advertising - Mr. Schubert is requesting a permit to construct a lighted advertising sign on the Forrest Tagg property at 7504 Lake Drive. This sign location will not affect any future signs that may be located in the General Business district. The Planning and Zoning Board did recommend approval of the request since it meets all the requirements regarding spacing. The Muffler Doctor sign will not be constructed on the Glenn Rehbein property since Mr. Rehbein decided not to complete the lease arrangement for that sign. Mr. Bisel moved to approve this permit subject to all the Planning and Zoning recommendations. Mr. Bohjanen seconded the motion. Motion carried unanimously. COUNCIL MEETING October 27, 1986 ID. Text Amendment _ Car Wash - Ordinance #06 -86, First Reading - Mr. Kluegel explained this proposed ordinance has been discussed by the Council previously and returned to the Planning and Zoning Board with a recommendation that it be revised to include a provision that car washes be located in areas where sanitary sewer is available. The Planning and Zoning Board did revise the proposed ordinance and further commented that all such similar types of businesses be located in sewered areas to pre- vent groundwater contamination. Mr. Bisel moved to approve the first reading of Ordinance #06 -86 and dis- pense with the reading. Mr. Marier seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 06 - 86 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES, BY ADDING CAR WASH FACILITY (AUTOMATED, SELF SERVICE, OR FULL SERVICE) AS A CONDITIONAL USE IN THE GENERAL BUSINESS (GB) DISTRICT. IThe City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota passed by the City Council on May 24, 1983 is hereby amended by amend- ing Section 6, Subdivision 15 to include the following Conditional Use: AMENDMENT: Appendix B, Section 6, Subdivision 15 (7) (S) Car Wash Facility (automated self service or full service) per- mitted only in municipal sewered areas. II. Save as above amended, said Ordinance No. 2 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 City Charter. Passed by the City Council this ATTEST: 27 October , 1986. Marilyn G. Anderson, Clerk - Treasurer Benda ' nG. enson, Mayor 046 COUNCIL MEETING October 27, 1986 ENGINEER'S REPORT - RON STAHLBERG Well #2 - Mr. Stahlberg told the Council that well #2 is now test pumping and about 90% complete. There had been some blasting in the well and there were some complaints from neighbors. The complaints are being resolved. 4th Avenue Project - The utility companies have started their work on this project and the ditch cleaning has also begun. 80th Street Project - Mr. Stahlberg has met with County Engineer Jon Olsen regarding some of the concerns of the land owners adjacent to this project. Mr. Olsen will handle this matter positively. ATTORNEY' REPORT - BILL HAWKINS A. Deer Pass Trail, Otter Lake Hills - Road Upgrading - Mr. Hawkins has reviewed the minutes regarding the installation of this road and has written a letter indicating this is a City street. He recommended the City Council decide if the street is substandard and then if the Council so desires take measures to bring it up to code and assess bene- fited property owners and give the original street builders credit. Mr. Marier moved to obtain a feasibility study and give the owners credit for the original costs. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. LaBuda, a majority landowner on this street, told the Council that Deer Pass Trail is in far better condition than the streets leading to Deer Pass Trail and felt this street should not be upgraded until the other streets be upgraded. Mr. Marier said the Council is only asking for a feasibility study at this time. Mr. Prokop told the Council this question was raised in the Council Minutes of 1974 and 1975. 1 B. Update - Roger Nelson, Sale of Black Duck Lots - Mr. Hawkins is com- mencing action against Mr. Nelson for money damages between his original bid ana what the City can-sell the lots for or a suit for the difference. These lots will be offered to the next highest bidder or be included in the development proposal discussed earlier in this meeting. CONSIDERATION OF ADMINISTRATOR'S RECOMMENDATIONS FOR THE HIRING OF ACCOUNTING CLERK Mr. Schumacher explained he had received over one hundred applications for this position. There were basically two categories of applicants: 1) had educational background but no experience and 2) had both educa- tion and experience. There was only one applicant who met both the educational and experience qualifications who would accept the salary being offered and Mr. SchumachE recommended that this person, Richard Hall be hired. He has a B.A and has a good background in accounting, his previous employers speak highly of him and he has a strong background with computers. The starting salary would be $17,500 with an evaluation in six months. COUNCIL ACTION October 27, 1986 r. Marier moved to hire Richard Hall. Mr. Bohjanen seconded the `4 e otion. Motion carried unanimously. ONSIDERATION OF PARK BOARD RECOMMENDATION REGARDING DONATION OF LAND FOR THE CENTENNIAL AREA CIVIC CENTER - RAY JOHNSON The Centennial Area Civic Center had previously outlined for the Council their plan for a Civic Center some where in the Lino Lakes, Circle Pines, Blaine area. The Lino Lakes Park Board is recommending that Lino lakes make the southwest corner of Sunrise Park available if the Centennial Area Civic Center should not be able to secure another location. Pres- ently they are looking at a location near Centennial Schools. The area in Sunrise Park proposed for the Center is approximately three acres and the proposed building is approximately 250' x 150'. There have been no open meetings to get the input of the adjacent property owners. Mr. Marier asked what the advantage of having a Civic Center in Lino Lakes would be. Mr. Johnson said none, it only provides badly needed facilities for young people and maybe some related businesses. Mr. Bisel asked if there would be any liability to the City? Mr. Hawkins said a ground lease would be required and the City would not be required to purchase the building if the Centennial Area Civic Center becomes defunct. r. Bohjanen moved to approve the recommendation of the Park Board if the other sites are not available to them. Mr. Bisel seconded the motion. Motion carried with Mr. Marier voting no. 047 CONSIDERATION OF ORDINANCE #09 -86, SECOND READING - AMENDING HOME CHARTER, ELECTION FILING DATE Mr. Marier moved to approve this ordinance and dispense with the reading. Mr. Bisel seconded the motion. Motion carried unanimously. This Ordinance is found in the October 13, 1986 Council Minutes. CONSIDERATION OF ORDINANCE #10 -86, SECOND READING - AMENDING HOME RULE CHARTER, FINANCING IMPROVEMENTS Mr. Marier moved to approve this Ordinance and dispense with the reading. Mr. Bisel seconded the motion. Motion carried unanimously. This Ordinance is found in the October 13, 1986 Council Minutes. OLD BUSINESS A. Circle Pines Gas Franchise Ordinance Time Extension - Mr. Schumacher explained that Circle Pines has not taken action to extend the franchise but they have assured the City they would continue to provide services. IThere is approximately two weeks before the franchise expires and there is a concern that the franchise would lapse and this would hinder the Council's option of purchasing the franchise. Mr. Marier moved to ask Circle Pines to take action in writing to extend the franchise agreement one week. Mr. Bisel seconded the motion. COUNCIL MEETING October 27, 1986 Mr. Hawkins felt Lino Lakes should be very explicit with Circle Pines and explain that Lino Lakes has certain rights under the franchise and that Lino Lakes is not willing to surrender these rights without some firm agreement that all the rights are going to continue for a fixed period of time. We need an answer on the extension because we have not gotten the issue resolved on the new franchise. Circle Pines must answer within one week. Voting on the motion, motion carried unanimously. NEW BUSINESS 1 A. Rice Creek Watershed District (RCWD) Letter Regarding Oneka Lake Outlet - Mr. Schumacher explained that this issue has been reopened and the City has asked that we be kept informed of these proceedings. RCWD replied by say- ing we receive their minutes and this should be sufficient. However, there is a delay in receiving minutes and Mr. Schumacher would like a direct notification from RCWD when the topic comes before that Board. Mr. Marier moved to direct a letter be sent to the RCWD from the Council requesting immediate notification of when this item comes before that Board. Mr. Bisel seconded the motion. Motion carried unanimously. B. State Statute - Partition Fencing - Mr. Kluegel has been notified by a resident who is in a dispute over a fence. This resident has pointed out a state statute regarding line fences. Mr. Hawkins explained the partition fence statute to the Council. Mayor Benson asked that this be made an agenda item for a future date. C. Bruce Hanson - Surfside Seaplane Base - Mr. Hanson pointed out a po- tential problem with the development of Rice Lake Estates. This subdivision is in the path of the departing and take off of airplanes on the lake and he expects there will be a lot of complaints of low flying airplanes. He asked that all prospective home buyers in this subdivision be made aware of low flying airplanes. Mayor Benson said this would be the obligation of the seller and asked that a letter be sent to him requesting he notify potential new home owners of this situation. Mr. Marier moved to adjourn at 11:00 P.M. Mr. Bisel seconded the motion. Aye. These minutes were considered and approved at a regular counsil meeting on November 10 1986 MARILYN G. ANDERSON Clerk - Treasurer