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HomeMy WebLinkAbout11/09/1987 Council Minutes (2)075 COUNCIL MEETING NOVEMBER 9, 1987 The regular meeting of the Lino Lakes City Council was called to order at 7:17 P.M., November 9, 1987 by Mayor Benson. Council Members present: Marier, Bisel, Bohjanen. Mr. Reinert was absent. Acting City Attorney, John Burke; Engineer, Ron Stahlberg; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Mr. Bisel moved to approve the minutes of Octobear 26, 1987 as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS October 30, 1987 - Mr. Marier moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. November 1987 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried unanimously. OPEN MIKE None CONSIDERATION OF APPOINTING LYLE FRERICHS AS LINO LAKES REPRESENTATIVE TO THE ANOKA COUNTY AREA COUNCIL AS AN ADVISORY GROUP TO NSCAH Mr. Marier moved to approve Lyle Frerichs to the Anoka County Area Council of /for Persons with Disabilites. Mr. Bohjanen seconded the motion. Motion carred unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT FOR-THE ESTABLISHEMENT OF THE QUAD CITY SENIOR TRANSPORTATION PROGRAM Mr. Marier moved to approve the Joint Powers agreement. Mr. Bohjanen seconded the motion. Mrs. Anderson explained that a final form of the agreement would be requested for signatures. Mr. Schumacher explained that this agreement will not require funding by this City. The transportation program will begin at the end of the month and Mrs. Smith, PAGE 1 COUNCIL MEETING NOVEMBER 9, 1987 Senior Cordinator has indicated that she will serve on the Board of Directors. Voting on the motion, motion carried unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR AREA COMPOST SITE Mr. Schumacher explained that the state has required the counties in the State of Minnesota to take the lead in preparing programs for the handling of refuse by 1989 or 1990. The first step in complying with this requirement is the establishment of the compost program. Anoka County has established two compost sites and one is in the Chain of Lakes Regional Park. The City of Lino Lakes will be receiving reimbursement from both Metro Council and Anoka County in exchange for maintenance of the site and periodically turning the compost pile. This funding could possibly cover the cost of a piece of equipment. Mr. Marier wondered if this was another state mandated program that could become the financial responsibility of this City. Mr. Schumacher explained that this program was mandated to the counties. Mr. Marier moved to approve the Joint Powers Agreement with Anoka County for maintenance of a compost site in the Chain of Lakes Park. Mr. Bisel seconded the motion. Motion carried unanimously. GAMBLING LICENSE REQUEST - ST. JOSEPH'S CATHOLIC CHURCH MEN'S GROUP The Council did not have a problem with this request and no action by the Council was required. PUBLIC NUISANCE ORDINANCE VIOLATION - 1160 MAIN STREET Mr. Kluegel explained the Council had requested that he obtain soil tests and cost estimates for replacement of the septic system at the above address. He has met with Mr. Eklin at the site with Mr. Landsberger the contract .purchaser and soil tests were taken. Three bids have been received for the repair or replacement of the system. A concern has arisen since the previous Council meeting. Mr. Dale Thompson, fee owner of the property has notified Mr. Kluegel of his intent to reposses the property because Mr. Landsberger has defaulted in his contract payments. Mr. PAGE 2 1 1 077 COUNCIL MEETING NOVEMBER 9, 1987 Kluegel explained he is concerned as to which party he should be working with to abate the nuisance. Mr. Thompsons father was in the audience and explained that his son is trying to serve legal notice on Mr. Landsberger but has not been able to contact him for the service. Mayor Benson noted the bids for replacement of the septic system range from $10,900 to $13,100. Mr. Kluegel explained that both Mr. Landsberger and Mr. Thompson were aware of the costs. Mayor Benson asked if the proposed mound system was the only system that could abate the nuisance. Mr. Eklin said that because of soil conditions and the limited amount of space the proposed system was the only one that could work. Mr. Stahlberg said he had reviewed the proposed system and was satisfied with its design. Mr. Bohjanen was concerned about the legal owner of the property. Mr. Burke explained that if the City did proceed with the installation, the costs would be assessed against the property, not the owner. He suggested an agreement be prepared and signed by the landowner holding the City harmless in the event of a malfunction of the system. Mr. Marier moved to approve A & B Construction's proposal for installation of an on -site septic system at 1160 Main Street for $10,900 per Mr. Dale Eklin's recommendation and prepare an agreement with the owner and contract holder. Mr. Bisel seconded the motion. Motion passed unanimously. The installation will start in about a week. SAMPAIR UPDATE Mr. Kluegel told the Council that this property is for sale. As of yet, the wood chips have not been chisel plowed into the ground. Mr. Kluegel will keep the Council informed of the progress of this matter. ATTORNEY'S REPORT - JOHN BURKE State statutes, Gambling License - The Council had expressed a concern regarding the procedure for obtaining a gambling license. They were asked to refer to the current issue of the League Magazine. An article in that magazine gave an overview of the current law. Consideration of Resolution No. 67 - 87 Authorizing a Certificate of Indebtedness for 1987 - 1988 - Centennial Bank and the First State Bank of Hugo both submitted bids on PAGE 3 078 COUNCIL MEETING NOVEMBER 9, 1987 this Certificate of Indebtedness. Centennial Bank submitted the low interest bid of 6.75 %. Mr. Bisel moved to adopt Resolution No. 67 - 87 and award the bid to Centennial State Bank. Mr. Bohjanen seconded the motion. Motion carried unaniously. Resolution No. 67 - 87 is printed in full at the end of these minutes. ENGINEER'S REPORT - RON STAHLBERG Mr. Stahlberg did not have a report. CONSIDERATION OF SETTING A PUBLIC HEARING FOR 8:00 P.M. DECEMBER 14, 1987 TO HEAR A REQUEST TO VACATE A PORTION OF FAWN LANE Mr. Marier moved to set the public hearing as requested. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION OF TWILIGHT ACRES III PRELIMINARY PLAT Mr. Jeff Joyer representing RMT Properties explained that this issue was scheduled for consideration at the previous Council meeting but was tabled by his request. He explained that the proposed plat is located on the south side of 79th Street and consists of four (4) lots that could be further subdivided into nine lots when sanitary sewer is availabl e. A permit from RCWD has been requested and they have suggested the installation of a controlled outlet from th e pond in Twilight II. 1 Mr. Marier expressed concern regarding the pond proposed for the preliminary plat. Mr. Stahlberg said it would need further revision before he could approve it. Mr. Marier also noted that the Planning and Zoning Board had recommended denial of the plat because the area is proposed to be included in the MUSA area and is now zoned ER (five acre minimum lot sizes). Mr. Bisel noted that this proposal was being prepared at the time the City passed the moratorium on subdivisions. Since that time the landowner has been prevented from bringing this forward and felt he had been jockeyed around. There was further discussion regarding when sewer would be available to this area. Mr. Bisel moved to accept the preliminary plat of Twilight III. Mr. Bohjanen seconded the motion. Mayor Benson noted that this would set a precedent and is in direct conflict with the Planning and Zoning Board PAGE 4 1 079 COUNCIL MEETING NOVEMBER 9, 1987 recommendation. He also noted that both the City Planner and City Engineer had recommended denial. Voting on the motion, motion carried with Mayor Benson voting no. NEW BUSINESS Mayor Benson referred to an Action Alert letter from the League of Minnesota Cities concerning the possibility of further federal deficit reduction that will affect this City. He asked that this City send letters to our representatives indicating the City is not in favor of any more expenses being sent back to the City. He asked the Administrator to draft the letter for him to sign. OLD BUSINESS Truck Parking Requirements - Mr. Bisel expressed concern regarding the parking of trucks and tractor trailers. He noted that there are some residents whose livelihood depend on their trucks. He asked how the City could accomodate them. Mayor Benson noted that a permit could be issued. However, there would be several problems such as how long would you issue a permit, would you treat a large property owner differently, would the tractor be allowed or would the trailer also be allowed? He also referred to the special Council meeting held just prior to this Council meeting where the Council discussed executive housing and upgrading the City. Mr. Marier explained that the present ordinance was passed because of problems occurring in residential areas. Any changes could open a Pandora's box. Mayor Benson asked Mr. Bisel to bring his suggestions and /or recommendations to the Council for their consideration. Discussion of Replacement of Fire Station No'. 3 - The City has received a letter from the Centennial Fire District requesting a response from the City of Lino Lakes regarding the replacement of Fire Station No. 3. Mr. Schumancer asked how this matter should be handled. Mayor Benson felt that a meeting of the Centennial Fire District representatives of both Lino Lakes and Centerville along with the Fire Chief, the Centerville City Council and the Lino Lakes City Councils should be held to see how everyone feels about the concept as well as the time table. PAGE 5 0 u COUNCIL MEETING NOVEMBER 9, 1987 Mr. Marier noted he had attended a Centerville City Council meeting and was questioned why station no. 2 was opened. This station is not yet operational and now the District is considering building a new building for station no. 3. He understood that the costs of the buildings were the responsibility of the different cities and the cities had no participation in the operation of the District other than funding and reviewing the budget. He said this City should be carefull not to infringe on the operation of the District. Mr. Marier moved to set the meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Schumacher said he would notify the District of this meeting. Setting a Date to Finalize the City Budget - Mr. Bohjanen moved to set a public hearing for 7:30 P.M. December 14, 1987 to consider finalizing the 1987 budget. Mr. Bisel seconded the motion. Motion carried unanimously. All preliminary materials are to be sent to the Council within a week. Oak Wilt Update, Resolution No. 66 - 87 - Mr. Marier moved to approve Resolution No. 66 - 87 and asked the Clerk to read the resolution. Mr. Bohjanen seconded the motion. Mrs. Anderson read the resolution. Mr. Marier asked that copies of this resolution be sent to the state and county representatives. Voting on the motion, motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 66 - 87 RESOLUTION REQUESTING FUNDING ASSISTANCE FROM THE STATE OF MINNESOTA FOR OAK WILT CONTROL WHEREAS, WHEREAS, There exists within the City of Lino Lakes a sign- ificant problem with the spread of Oak Wilt, and Oak Wilt is creating a serious threat to our oak trees which contributes to the aesthetic environ- ment in which we live, and WHEREAS, The City of Lino Lakes has developed a program to combat Oak Wilt, and PAGE 6 0 €8 1 COUNCIL MEETING NOVEMBER 9, 1987 WHEREAS, WHEREAS, Oak Wilt knows no municipal or county bounds, and is therefore a regional problem, and Area municipalities are faced with increasing cuts to our financial resources with which to handle such issues, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes is requesting Governor Perpich work to appropriate funds to the Department of Agriculture to assist us in our fight of Oak Wilt, similar to the allocation of funds for treatment of Dutch Elm Disease in the past. Adopted by the City Council of the City of Lino Lakes this 9th day of November, 1987. _- njam G !e on, Mayor Marilyn G Anderson, Clerk - Treasurer Elwin LaMotte Property - Mr. Kluegel noted that RCWD has demanded that Mr. LaMotte stop dredging a ditch on his property. Mr. Kluegel was asked to contact the DNR and the Army CORP of Engineers regarding this matter. Lake Oneka Update - Mr. Schumacher noted that RCWD has dropped all action in the Lake Oneka matter. North Road and Sunset Road Projects Update - Mr. Bisel asked for an update on these projects. Mr. Stahlberg explained he had contacted Mr. Bob Doocy regarding the driveway apron on his neighbors property on North Road. Mr. Stahlberg has not heard from Mr. Baker on Sunset Road. He has tried to contact Mr. Weigert, Blaine City Engineer and expects Mr. Weigert to return his telephone calls tomorrow. Mayor Benson asked that this matter be updated. Roland Ford Update - Mr. Kluegel said there will be a court hearing with Mr. Ford on Friday. Mr. Bohjanen moved to adjourn at 8:28 P.M. Mr. Bisel seconded the motion. Aye. PAGE 7 062 CITY OF LINO LAKES Resolution No. 67 - 87 RESOLUTION AUTHORIZING ISSUANCE OF A CERTIFICATE OF INDEBTEDNESS - 1987 WHEREAS, Minnesota Statutes, Section 412.301 authorizes the City Council to issue certificate of indebtedness within existing debt limits to finance the purchase of equipment; and WHEREAS, a contract will be entered into for the pur- chase of such equipment at a total purchase price of $78,000.00; and WHEREAS, the City has sought quotations for the pur- chase of said certificate of indebtedness, which are on file with the City Clerk; and WHEREAS, it appears that the bid of Centennial Bank, Circle Pines, Minnesota for the purchase of such certificate of indebtedness is reasonable. -�► BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The bid of Centennial Bank for the purchase of a $78,000.00 certificate of indebtedness is hereby accepted. 2. The City shall forthwith issue and sell the nego- tiable, general obligation equipment certificate of indebtedness in the amount of $78,000.00, dated November 1, 1987, to the Centennial Band in the form of single typewritten fully registered certificate of indebtedness, in the denomination of $78,000.00, bearing interest as set out herein, all interest payable on May 1, 1988 and November 1, 1988, commencing May 1, 1988. 1 1 1 ing form: Such certificate shall be in substantially the follow- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES No. R -1 $ 78, 000.00 Equipment Certificate of Indebtedness KNOW ALL MEN BY THESE PRESENTS That the City of Lino Lakes, Anoka County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to Centennial Bank, Circle Pines, Minnesota or registered assigns, with option of prior payment, the principal sum of SEVENTY -EIGHT THOUSAND DOLLARS on the 1st day of November, 1988, in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America and to pay interest on said principal sum from time to time remaining unpaid in such coin or currency at the rate of six and three - quarters (6.75 %) per cent per annum from the date hereof until the principal sum is paid, interest to maturity payable on May 1, 1988 and November 1, 1988. Principal and interest on this certificate is payable at the office of the City Clerk- Treasurer in the City of Lino Lakes, Minnesota. Payments of installments of principal and the interest due thereon shall discharge the City of the obligation hereon to the extent of the payment made. Annual payments regardless of when made, shall be applied first to the interest computed to -2- W.i 3 the annual installment due date and next to principal due. Other payments, principal from whatever source derived, shall be applied to the last to become due and shall not affect the obligation of the City to pay the remaining installments as scheduled herein. This certificate is in the total principal amount of SEVENTY -EIGHT THOUSAND DOLLARS, and is issued by the City pursuant to the Constitution and the laws of the State of Minnesota, purpose City. including Minnesota Statutes, §412.301, for the of financing the purchase of certain equipment by the This certificate may be assigned but upon such assign- ment the assignee shall promptly notify the City at the office of the City Clerk- Treasurer by registered mail, and th,: assignee shall furnish the same to the City Clerk- Treasurer either in exchange for a new fully registered certificate in the principal amount then outstanding or for transfer on the registration book kept by the Clerk- Treasurer for such purpose. IT IS HEREBY CERTIFIED AND RECITED That all acts, con- ditions, and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist, and to be performed precedent to and in the issuance of this certificate of indebtedness has been done, has happened, does exist, and have been performed in regular and due form, time, and manner as required by law; that prior to the issuance hereof, a direct, annual, irreparable ad valorem tax upon all the taxable property in the City has been levied for the years and in amounts at -3- 1 1 1 1 1 1 least five per cent in excess of sums sufficient to pay this certificate and interest hereon when due, and additional taxes, if needed, will be levied upon all such property without limita- tion as to rate or amount; and this certificate, together with all other indebtedness of the City outstanding on the date hereof and on the date of is actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, The City of Lino Lakes, Anoka County, Minnesota, by its City Council has caused this certif- icate of indebtedness to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk with the City Seal, all as of November 1, 1987. /s/ Marilyn Anderson City Clerk (SEAL) 0 5 CERTIFICATE OF REGISTRATION It is hereby certified that, at the request of the holder of the within certificate, the undersigned has this day registered it as to principal and interest in the name of such holder as indicated in the registration blank below, on the books kept by the undersigned for such purposes. DATE OF NAME OF REGISTERED HOLDER REGISTRATION SIGNATURE CITY CLERK- TREASURER Centennial Bank Nov. 1, 1987 ))1&\LU . tt Lc w15 \ FORM OF ASSIGNMENT For value received, the registered owner does hereby sell, assign and transfer the within mentioned certificate to, 0b6 and unpaid installments of principal and interest shall be paid to the order of the assignee: NAME OF ASSIGNEE SOCIAL SECURITY NUMBER OR ID NUMBER DATE NAME OF REGISTERED HOLDER SIGNATURE OF REGISTERED OWNER'S AUTHORIZED AGENT Centennial Bank 3. The certificate shall be prepared under the direc- tion of the City Clerk and shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual sig- nature of the City Clerk. When the certificate has been so executed and authenticated, it shall be delivered b the City Treasurer to the purchaser on receipt of the purchase price heretofore agreed upon, and the purchaser shall not be required to see to the application thereof. 4. There is hereby created a special account in the debt service fund which shall be used only for paying principal and interest on the certificate of indebtedness issued pursuant to this resolution. Into this fund shall be paid all receipts from the taxes levied in this resolution and any other money appropriated to the fund from any other source. If any prin- cipal or interest on the certificate becomes due when there is not sufficient money in the fund to pay it, the City Treasurer shall make up the deficit from the general fund of the City and the general fund shall be reimbursed for such advances from the -5- 1 1 1 proceeds of the taxes levied in this resolution and all other moneys received for or appropriated to the payment of principal and interest. 5. There is hereby created the equipment account in the general fund. Into this account shall be paid the proceeds of the sale of the certificate authorized by this resolution and from this account shall be paid all expenses incurred for the purchase of equipment to be financed by such proceeds. If any moneys remain in this account after all such expenses have been paid, the surplus shall be transferred to the debt service fund created in paragraph 4 of this resolution. 6. For the prompt and full payment of the principal and interest on this certificate of indebtedness when due, the full faith, credit, and taxing powers of the City are hereby irrevocably pledged. To provide moneys for such payment, there is hereby levied upon all the taxable property in the City a direct, annual, irrepealable, ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of the other general property taxes in the City in the years and amounts as follows: Year Tax Levy 1988 $ 87,428.25 Such tax levy shall be irrepealable until all of the principal and interest on the certificate is paid. The Treasurer is directed to certify to the County Auditor of Anoka County on or before October 10 in each year the amount on hand and available from any source and which has been appropriated to the sinking -6- 0 8 fund to be used to pay the principal of and interest on this certificate and to direct the county to reduce the levy for such year by that amount. 7. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such information as he shall require, and to obtain from the County Auditor a certif- icate that this certificate of indebtedness has been entered on his bond register and the tax has been levied as required by law. 8. The City Clerk- Treasurer shall act as bond regis- trar and shall maintain a complete record of ownership of the Certificate. The City makes no representation that it is expe- rienced in the transfer of ownership of registered sec,ritie s or that it is aware of or experienced in applicable SEC regulations regarding such transfers. The Purchaser and any assignee of the Certificate shall take the Certificate subject to this condition. Adopted by the City Council this _ day of )1.41_,L447,4„cf _ , 1987. ' l ct.l_r . f,,<,k_.C.?JAv iCity Clerk 0o9 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES No. R -1 $ 78,000.00 Equipment Certificate of Indebtedness KNOW ALL MEN BY THESE PRESENTS That the City of Lino Lakes, Anoka County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to Centennial Bank, Circle Pines, Minnesota or registered assigns, with option of prior payment, the principal sum of SEVENTY -EIGHT THOUSAND DOLLARS on the 1st day of November, 1988, in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America and to pay interest on said& principal sum from time to time remaining unpaid in such coin or currency at the rate of six and three - quarters (6.75 %) per cent per annum from the date hereof until the principal sum is paid, interest to maturity payable on May 1, 1988 and November 1, 1988. Principal and interest on this certificate is payable at the office of the City Clerk- Treasurer in the City of Lino Lakes, Minnesota. Payments of installments of principal and the interest due thereon shall discharge the City of the obligation hereon to the extent of the payment made. Annual payments regardless of when made, shall be applied first to the interest computed to the annual installment due date and next to principal due. Other payments, from whatever source derived, shall be applied to the -1- 390 principal last to become due and shall not affect the obligation of the City to pay the remaining installments as scheduled herein. This certificate is in the total principal amount of SEVENTY -EIGHT THOUSAND DOLLARS, and is issued by the City pursuant to the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, §412.301, for the purpose of financing the purchase of certain equipment by the City. This certificate may be assigned but upon such assign- ment the assignee shall promptly notify the City at the office of the City Clerk- Treasurer by registered mail, and the assignee shall furnish the same to the City Clerk - Treasurer either in exchange for a new fully registered certificate in thQ principal amount then outstanding or for transfer on the registration book kept by the Clerk- Treasurer for such purpose. IT IS HEREBY CERTIFIED AND RECITED That all acts, con- ditions, and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist, and to be performed precedent to and in the issuance of this certificate of indebtedness has been done, has happened, does exist, and have been performed in required by law; that annual, irreparable ad in the City has been regular and due form, time, and manner as prior to the issuance hereof, a direct, valorem tax upon all the taxable property levied for the years and in amounts at least five per cent in excess of sums sufficient to pay this certificate and interest hereon when due, and additional taxes, -2- 1 1 1 1 if needed, will be levied upon all such property without limita- tion as to rate or amount; and this certificate, together with all other indebtedness of the City outstanding on the date hereof and on the date of is actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, The City of Lino Lakes, Anoka County, Minnesota, by its City Council has caused this certif- icate of indebtedness to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk with the City Seal, all as of November 1, 1987. 1 th &Aci c -1 h y Clerk (SEAL) Mayor 1 .rte -�- -- 091 092 CERTIFICATE OF REGISTRATION It is hereby certified that, at the request of the holder of the within certificate, the undersigned has this day registered it as to principal and interest in the name of such holder as indicated in the registration blank below, on the books kept by the undersigned for such purposes. DATE OF SIGNATURE NAME OF REGISTERED HOLDER REGISTRATION CITY CLERK - TREASURER Centennial Bank Nov. 1, 1987 }�,s�z(c�` - 1- ,cLtii�,L FORM OF ASSIGNMENT For value received, the registered owner does hereby sell, assign and transfer the within mentioned certificate to, and unpaid installments of principal and interest shall be paid to the order of the assignee: SOCIAL SECURITY NUMBER NAME OF ASSIGNEE OR ID NUMBER DATE NAME OF REGISTERED HOLDER SIGNATURE OF REGISTERED OWNER'S AUTHORIZED AGENT Centennial Bank