HomeMy WebLinkAbout10/27/1986 Council Minutes1
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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
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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:
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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