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HomeMy WebLinkAbout09/26/1988 Council Minutes1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson on Monday, September 26, 1988 at 7:07 P.M. Council Members present: Neal, Bisel, Reinert. Council Members absent: Bohjanen. City Engineers, Ron Stahlberg and John Davidson; Attorney, Bill Hawkins; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Council Work Session, September 12. 1988 - Mr. Reinert moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. Regular Council, September 12. 1.988 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Bisel moved to approve the disbursements of September 26, 1988 as presented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Consideration and Review of the Annual City Audit. Rob_ Tautges - Mr. Tautges presented the Annual Financial Report for the Year Ending December 31, 1987 and the accompanying Management Report and Recommendations. He explained that the Financial Report was self explanatory and reviewed the Management Report and Recommendations with the Council. He highlighted several items including State Aid on page four, property tax collection on page eight and special assessments on page eleven. He recommended that the City monitor the assessment collection closely to be sure to identify problems early. He also suggested that the City monitor Anoka County's collection system because he indicated that their procedures were not always adequate. Mr. Tautges noted that the General Fund balance increased substantially partially due to the increase in license and permit fees. He recommended that the Council continue to increase the General Fund balance and page seventeen PAGE 1 239 40' COUNCIL MEETING SEPTEMBER 26, 1988 outlines the benefits of maintaining an adequate General Fund balance. He also recommended that the Council adopt a resolution regarding a formal policy for General Fund balances. Other recommendations include monitoring the Connection and Area Charge Fund and commended the Council for adopting a Public Improvement Policy. He noted that the Enterprise Fund showed a loss in 1987 and noted that this was due largely to the impact of the Metropolitan Waste Control Commission charges. Mr. Tautges recommended that the Council review sewer and water rates annually and adjust these rates as needed. Mr. Tautges noted that Lino Lakes received the fist franchise payment from the Circle Pines Gas Utility in May, 1988. He recommended that collection of the franchise be monitored. Mr. Taugtes noted that the computer system at city hall was not fully operational due to the lack of support of the software. He recommended that the City look into a system that would fulfill all the needs of the City. This system should provide better information to the Council on a more timely basis. One of the more significant points this City should be aware of is state legislation regarding the property tax system and further changes in this area. He felt the most positive aspect of this report was the direction of the General Fund. He noted that computer implementation should not be looked at lightly. Mayor Benson thanked Mr. Tautges for coming this evening. Anita Fenno, 7172 Rice Lake Drive - Mrs. Fenno read a letter she has prepared in response to the letter written by the City to residents in her area dated August 4, 1988. She did not give the Council a copy of her letter but explained that the point is that it is feasible for the Counil to work with the taxpayers of Lino Lakes. PLANNING AND ZONING REPORT - JOHN MILLER Ordinance No. 11 - 88, Amend Accessory Buildings. Return to P & Z for Further Consideration - Mr. Miller explained that this item has been discussed again by the P & Z Board and they have requested that it be returned to the P & Z Board PAGE 2 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 for further study. Mr. Bisel moved to send Ordinance No. 11 - 88 back to the P & Z Board for further study. Mr. Reinert seconded the motion. Motion carried unanimously. Discussion of Concept Plan for Woodridge Estates, II. - Mr. Miller explained that he visited with Mr. Carlson today and he asked that the Council not consider this request this evening. Mr. Carlson expressed his interest in abiding by the regulation of the R -1X zone. Mr. Reinert moved to table this item. Mr. Bisel seconded the motion. Motion carried unanimously. Site Plan Approval, Arnt Construction Company - Mr. Miller explained that this plan was presented to the P & Z Board and they have approved it with several stipulations. The Board has agreed to waive the blacktop requirement provided that Arnt Construction Company enter into an agreement to remove the metal building on the property within a specified period of time. The reasoning for this requirement was to make the area more attractive for future development and possible metal buildings would drive potential developers away. Mr. Tim Zurik representing Arnt Construction explained that he had requested that the metal building be allowed for a period of ten years. Mr. Miller felt five years was adequate time to amortize the building. A compromise was reached at seven and one half years. It was noted that this building is the major repair facility for Arnt Construction and the new building is for storage only. Mr. Bisel moved to approve the site plan, P & Z application No. 88 - 30 for Arnt Construction as recommended by the P & Z Board with stipulations 1, 2 and 3 as outlined in Mr. Miller's memorandum of September 20, 1988 and to waive the blacktop requirement based on the nature of the equipment and provided that an agreement is prepared by the City Attorney for the removal of the metal building in seven and one half years. Mr. Neal seconded the motion. Motion carried unanimously. Minor Subdivision Approval, Ken Lundgren - Mr. Miller explained that this is an issue first brought to the Council in 1984. This has been approved by the Park Board and the P & Z Board. In the past the Council has only considered and approved the subdivision of the farm buildings with sixteen acres from the original eighty acres. In 1987 Mr. Lundgren appeared before the Council and requested a subdivision of PAGE 3 .241 242 COUNCIL MEETING SEPTEMBER 26, 1988 one of the twenty acre parcels into ten acre parcels. This was approved by the Council although the remaining property has not been officially subdivided by the Council. This request appears to be only a simple housekeeping issue. Mr. Bisel was concerned that this item had "slipped through the cracks ". Mr. Miller explained that the original purchaser and subdivion platter had died and the other persons involved had not been aware that the entire subdivision approval had not been granted. Mr. Bisel expressed concern that something of this nature could occur again. Mr. Stahlberg said this was unlikely since the Council had enacted additional subdivision regulations. A ghost plat of this area was discussed with Mr. Stahlberg and he explained that one had been presented to the P & Z Board. However, the P & Z Board found that attention was not paid to the topography of the area and was never considered by the Board. Mr. Bisel moved to approve the metes and bounds subdivision for Ken Lundgren. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF COMPUTER SOFTWARE PROGRAM Mr. Schumacher forwarded to the Council two proposals for computer software for the Police Department and for the Administration Department. He explained that he felt these programs would meet the needs of the City for some time in the future. Mr. Schumacher explained that the hardware packages would exceed $15,000.00 and will have to be placed out for bids. He noted that the State would probably be low bidder. There was discussion regarding when the systems would become operational. Mr. Schumacher explained that he expected all programs to be functional by the first of the year. However, he noted that some areas will have to continue on a manual basis as a comparison to determine if the programs are functioning as planned. Mr. Reinert asked if Mr. Schumacher felt additional staff would be needed. Mr. Schumacher explained that he would not be asking for more staff for implementing the computer programs. The programs are user friendly and easy to learn and noted that he expected that all training would be completed by the first of the year. PAGE 4 1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 Mr. Bisel moved to approve the purchase of Banyon Data Systems and Contract Programming Specialist, Inc. computer software based on the recommendation of the City Administrator for $8,175.00 and $5,700.00 respectively. Mr. Neal seconded the motion. Motion carried unanimously. SECONI REAIING OF ORDINANCE NO. 16 - 88 REZONE WEST ONE - HALF OF VFW PROPERTY At the September 12, 1988 Council meeting, a public hearing was held regarding this matter. The Council did pass the first reading of the ordinance based upon receipt of a letter from the VFW and the residents in the area regarding a resolution on how the property was to be improved. Mr. Bisel moved approval of the second reading of Ordinance No. 16 - 88 contigent upon receipt of the information requested at the September 12, 1988 meeting within thirty days and have the City Administrator inform the VFW Commander of this process. Mr. Neal seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. ENGINEER'S REPORT - RON STAHLBERG Preliminary Review of Feasibility Report. Lino Lakes Correctional Facility - Mr. Stahlberg presented a status report on the Feasibility for this facility. He displayed aerial maps of the detention and stabilization (seepage) pond which was constructed to treat the effluent. He noted that it is the policy of the State to connect to the municipal facilities when they become available and this facility has included the cost of the connection in the 1989 budget. Mr. Stahlberg noted that it is the responsibility of the PCA to monitor this detention basin. However, he explained that the City has never received a report from the PCA and expressed concern that this facility could cause ground water contamination. Mr. Mike Westphal, representing the Correctional Facility explained that the PCA issues a permit to the Facilty every three years. He noted that there are four test wells that are monitored by a private testing company. The DNR also monitors these wells. Mr. Reinert asked if treated or PAGE 5 243 244 COUNCIL MEETING SEPTEMBER 26, 1988 partially treated water is leaving the facility. Mr. Westphal explained that the bottom of the pond is sealed and nothing is seeping into the ground. Mr. Davidson explained that the Department of Administration is anxious to get rid of this system and anxious to connect to the utility facilities in Lino Lakes. He explained based on gravity and discharge rates, it is possible there is perculation into the underlying ground water. He felt there should not be immediate danger to wells seventy feet deep or more but the potential is there. Monthly reports are filed from monitoring wells but it is difficult to trace the reports and get information back from MPCA. Mr. Reinert noted that there is a potential for problems although nothing shows there now. The point is when it happens it is too late. Mr. Stahlberg continued with the feasibility report. He noted that there is an adequate water supply at the facility. However, fire protection is a concern. Mr. Stahlberg will review the feasiblity report with Mr. Westphal. Mary Wallwrath, 159 Marcia asked if the area residents can be guaranteed a followup to seepage problems. She asked what if the damage has already occurred and the wells are already contaminated? Mr. Stahlberg said each resident could have their well tested. Mr. Reinert asked that the test results be obtained from the private testing company and made available to the public. There was further discussion regarding possible contamination when ground water is abnormally high. Mr. Bisel moved to request that the City Engineer secure data on the lagoon at the Correctional Facility on an annual basis starting from 1983 to 1986 and then every six month until this current time and send the test results to Mrs. Wallwrath. Mr. Neal seconded the motion. Motion carried unanimously. The Council took a ten minute break at 8:35 P.M. PUBLIC HEARING, IMPROVEMENT OF 2ND AVENUE AND INSTALLATION OF SANITARY SEWER AND MUNICIPAL WATER IN A PORTION OF THE TAX INCREMENT FINANCING DISTRICT ABUTTING 2ND AVENUE 1 1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 Mayor Benson explained that the improvement about to be discussed was proposed three or four years ago and a great deal of ground work has been done with the residents to get their feedback. The City Council is making every possible effort to make a proper decision for the City and the people in the area of the improvement and that is the reason for this hearing tonight. He noted that the Council must consider not only the residents directly affected by the improvement but every citizen of the City. He also said it is unfortunate that not all citizens will be happy with the final decisions. Mr. Stahlberg explained the financing of public improvements and the procedure to assessments as outlined in this City's Public Improvement Financing Policy. He also noted that the Charter spells out the procedure for implementing a public improvement project and this Council must follow the Charter regulations. Mayor Benson outlined the procedure for tonight's hearing. The improvement has been broken into segments. The residents affected by each segment will be allowed to speak to that segment only. Assessments are not being considered tonight, only the improvement. He also noted that there will be order in the conduct of the hearing. Mayor Benson opened the public hearing at 8:56 P.M. Mr. Stahlberg recapped the proposal and explained that the route of 2nd Avenue is proposed to be changed from the route outlined in the feasibilty report because of the poor soil conditions on the present 2nd Avenue and because of the possibility of not being able to obtain the necessary permits from the DNR, CORP and RCWD. He also noted that the change in route would result in substantial cost savings. The new proposed route would make the intersection of Highway No. 49 and Lake Drive a four way intersection. The new proposed route would directly affect several residents on Rustic Lane and these residents were called into City Hall and they expressed their deep concern over this proposal. Originally 2nd Avenue was proposed to cross Elm Street and go through the church property and connect to Highway No. 49 (Lake Drive). After meeting with church officials it was decided to look at ending 2nd Avenue at Elm Street and crossing Elm Street only with sewer and water utilities. Mr. Stahlberg showed the possible route of 2nd Avenue and the utilities to the prison on the overhead projector. He PAGE 7 245 COUNCIL MEETING SEPTEMBER 26, 1988 explained that this route was chosen because it could feed the entire area in the future. Mr. Stahlberg explained that the Council adopted a Public Improvement Financing Policy about a year ago and it says that any property owner adjacent to a trunk facility is not going to be assessed for this line. It will be paid from a revolving fund. These residents will pay assessment the same as any resident in a subdivision. Money going into the revolving fund will come from area and connection fee charges. First Segment - Lake Drive to beginning of Strauss and Billik property - Mr. Stahlberg outlined this area on the overhead projector. Scott Rasmussen, 6864 Rustic Lane - Mr. Rasmussen gave pictures of his area and a petition to the Council. He said that Lino Lakes citizens have no rights because a referendum petition is no good. He said he does not want a road as proposed in his back yard. He explained what had occurred eariler this summer regarding persons in his back yard taking soil samples. He noted that this would be a four lane highway going all the way through to an industrial area all because the City needs a larger tax base and the prison needs sewer and water. He asked why should he give up two thirds of his lot and have the wildlife in this area destroyed. He said the street would be a race track and it would be extra wide to accomodate heavy trucks. He asked if the City is unable to obtain permits for this new route, what are the contigency plans? He suggested that only the sewer and water lines cross his area and they replant the trees and keep 2nd Avenue in its present location. If 2nd Avenue is allowed to be rerouted and the tree line is saved, the wildlife will leave the area and vehicle headlights will always be a concern. In addition he felt he would then have to worry about the security of the back of his property as well as the front. Mr. Rasmussen suggested that the most practical route for the utilities is up Lake Drive and affect the least amount of people. He said rerouting 2nd Avenue would devalue his property. Mr. Stahlberg explained that permit applications have been made to the DNR and an application will be made to the DNR. Mayor Benson explained that the Council has already looked at several different routes to get the sewer and water to the Menkveld property and up to the prison. Mayor Benson said the Council has talked about the tree line but said he PAGE 8 1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 was not sure about the affect on the wildlife concerns of Mr. Rasmussen. Mayor Benson explained that although the major intent is to bring utilites to the prison and to the commercial lands, they are not the only benefiting properties. The City is looking at an overall plan for several years in the future. Dale Tressler, 6872 Rustic Lane - Mr. Tressler felt that he would be losing more than anyone if this plan were to proceed. He had asked Mr. Stahlberg if it were possible to get state aid funds if the utilities were routed up Sunrise Drive and Mr. Stahlberg said there may be a possibility, however 2nd Avenue is already on the state aid plan. Mr. Tressler asked about a letter from Mr. Stahlberg which stated that the Rustic Lane residents should be looked at for possible assessments. Mayor Benson said there would be no assessments on Rustic Lane. Mr. Tressler noted the possibility of noise pollution and the suggestion of constructing a berm. He also mentioned the problems associated with dewatering and the possibility on area shallow wells going dry. He asked if the substandard septic systems fail, will the residents be required to connect to the city utilities. He suggested that the new 2nd Avenue could be floated in the same area as it now is and bring sewer and water up in the area of the proposed new 2nd Avenue. He also asked that the Council look at Lake Drive or Sunrise Avenue as possible alternate routes. Mr. Tressler asked about the time frame of this improvement, when will the residents know what is to happen? Mayor Benson explained the Council cannot act for sixty days following this public hearing. This matter will be on the November 28, 1988 Council agenda. Mr. Tressler suggested that if the Council decides to run 2nd Avenue along the new proposed route, they should take all of the lots, not just divide them. Mayor Benson asked Mr. Stahlberg about provisions for the possibility of the shallow wells going dry. Mr. Stahlberg explained the standard practice in the contracts drawn by TKDA. Basically all of the lots near 2nd Avenue have shallow wells and would be affected. Mr. Rasmussen said that the City has to check out wells and septics when homes are sold. Mr. Schumacher explained that is not the case. When a septic system fails, it is the responsibility of the City to make sure that the new septic system meets the WPC - PAGE 9 247 24B COUNCIL MEETING SEPTEMBER 26, 1988 40 requirements. It is not the responsibility of the City to make sure that the homes are saleable. Mayor Benson asked about floating 2nd Avenue in its current location. Mr. Stahlberg explained the problems would be soils correction and the expense of the correction. Another concern could be with the intersection at Lake Drive. Both the state and the county will have input into this area of the improvement. Mr. Tressler said that the residents listened to dewatering pumps running day and night about a year ago. Now they will be listening to the same thing again. Jim Hill, 298 Elm Street asked the Council to restudy the entire improvement again. Richard Larson, 6935 - 2nd Avenue asked if the route of 2nd Avenue could be moved more to the east so that his lot would not be cut in half. Mr. Stahlberg explained that he has shifted the route to the east and made a sharper curve in the road. Mr. Larson asked about compensation and Mayor Benson said that the Council has not addressed this issue yet. Mayor Benson asked how far east could the center line be established. Mr. Stahlberg said this can only be determined when the centerline of the street is established. Mr. Reinert asked Mr. Tressler how far the new street would come from the back of his house. Mr. Tressler said about 100 feet. Pat Westling, 6930 Lake Drive asked if the proposed road is similar to Lake Drive as opposed to a residential street. Mr. Stahlberg explained it would be forty four feet wide with two twelve foot driving lanes and two ten foot parking lanes. It would be very similar to 4th Avenue. Marilyn Elsenpeter, 850 Lois Lane asked if the Council has not yet determined compensation, how can you determine if it is less cost effective than going the original route of 2nd Avenue? Mayor Benson explained that compensation other than cash has been discussed. Kurt Knieff, 6856 Rustic Lane said that he hoped the Council did a better job of contacting affected residents and be more up front with them. He said this City's credibility is zero. He asked if this has been planned for three years, why did the residents get the run around when they called PAGE 10 1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 for explanations. Mayor Benson explained that the entire project was looked at for a long time and the City has tried to do a good job. Mr. Kneiff explained how he called Mr. Stahlberg and Mr. Miller and he got the run around. Mr. Stahlberg explained he made a mistake in not notifying City Hall regarding a soils survey crew that was in Mr. Knieff's area and when City Hall was questioned about the reason for the survey, they could not tell them. Mr. Reinert explained that what is being discussed tonight is still preliminary and a lot of considerations still have to be made. He felt that anytime the lives of citizens must be disturbed for the good of the community there must be compensation. Tonight the Council is taking different views and listening. Judy Ringaman, 6833 Rustic Lane asked why this route is being looked at rather than going down Lake Drive. Mr. Stahlberg explained that the Council did look at going down Lake Drive and various other alternatives bearing in mind that Sunrise Meadows must be served and this area was selected by using contour maps. This route will feed the entire area. If the route down Lake Drive is selected they must contend with an existing surface as well as other problems. Mr. Larson asked what rights do the landowners have? Mayor Benson said they could oppose condemnation however the City does have the right to condemn for public uses. Mr. Hill asked what were the legal ramifications of dividing Mr. Tressler's lot into substandard lots? He also asked about an Environmental Impact Statement. Mr. Stahlberg said the process for the EAW has been started. Regarding substandard lots, Mr. Stahlberg explained that there are a number of substandard lots within the City and if it is proven that the lots have adquate space for a septic system that meets WPC -40 standards a building permit can be issued. Mr. Bisel moved to extend the Council meeting until all business is completed. Mr. Reinert seconded the motion. Motion carried unanimously. Second Segment, Billik and Strauss property - Mr. Stahlberg showed this area on an overhead projector and explained how the property could be subdivided in lots. Steve Berglund, 6943 - 2nd Avenue asked if the proposed new road that is platted on Mr. Stahlberg's map will be built when 2nd Avenue is rebuilt. Mr. Stahlberg explained that is PAGE 11 249 250 COUNCIL MEETING SEPTEMBER 26, 1988 shown for planning purposes only. Mayor Benson said it would not be built until the property owners subdivide. Third Segment, Sunrise Meadows and the one acre parcels adjacent to it - Mr. Stahlberg explained that he has talked with nearly all of the people in this area and understands that Mr. Menkveld has offered purchase options to most of them. He noted that the lots on the east and west side of Sunrise Meadows would pay an area and connection charge if they elect to subdivide their lots. Ross Reed, 7133 Rice Lake Drive expressed concern regarding safety in his area and suggested Lake Drive would be a better place to put a street similar to what is being proposed. He asked what the speed limit would be and Mr. Davidson said it would be 30 mph. Mr. Davidson also noted that the biggest deterent to speeding is the visability of a squad car. Mr. Fenno asked about traffic control since 2nd Avenue would be a straight shot from Lake Drive to Elm Street. Mr. Davidson said there could be some stop signs along the street but this would depend on traffic patterns. Mark Westling, 947 Lois Lane asked why this size of road is planned for this area when Lake Drive is so close. Mr. Stahlberg explained that it must be built to state aid standards. He noted that 2nd Avenue already is designated a state aid road as directed by the Council. Mr. Westling asked if the road must meet minimum size to get state aid funding and Mr. Davidson said yes. He also explained that this is a collector street and not an arterial street as Lake Drive is. Mr. Fenno said this proposal would face a lot less opposition if the Council could guarantee that the road would remain residential. Mayor Benson said it was not likely that commercial or industrial traffic would use this road since it would dead end at Elm Street. Fourth Segment, north of Sunrise Meadow to Elm Street - Mr. Stahlberg explained an area where he thought the County would require additional right of way. Mrs. Fenno expressed concern because she said it appeared that the Council was offering the current tax paying residents benefits and options that the residents looked at as a burden. She asked why all of 2nd Avenue could not be PAGE 12 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 moved west and then it would go through the church property. She said she did not know what her benefit would be. She explained that if the Council places assessments on the 1990 taxes many residents will be forced to divide their property. Mayor Benson explained that there is no assessment if the landowner decides not to hook up to the facilities. There also is no pending assessment so that when a landowner sells his property, he will not be forced to pay the assessment. Mr. Stahlberg explained that an assessment will be calculated for every parcel of land and this figure will raise each year based on an inflation factor and ENR News Cost Index. The assessment for each residential lot will be the same as any subdivision lot. However, the assessment is not due until the landowner decides to connect to the facility. Otto Patzoldt, 7157 Rice Lake Drive asked if the rate being assessed is based on the size of the road and the trunk size. Mr. Stahlberg said no, each parcel will pay the same as a subdivision lot. He explained that the last assessment passed by this Council ranged from $10,000 to $13,000. Mr. Patzoldt said he did not understand how Mr. Stahlberg could arrive at an assessment figure without taking bids. Mr. Stahlberg explained that the City Charter required that the Council provide an estimated assessment based on the feasibility report. Jane Davidson, 7149 Rice Lake Drive asked if she wanted to sell her house would she have to satisfy a lien. She also asked why they would have to petition out of the project if they did not want to be assessed. She also asked if the policy regarding assessments could change. Mr. Hawkins said another Council could change the policy but before they could assess these landowners, another public improvement hearing would have to be held. Mrs. Davidson asked if services would come down Rice Lake Drive and could she be assessed again. Mr. Stahlberg explained that the Council would not order such a project unless there was a demand for it. Utilites could come down Rice Lake Drive and if her lot could be divided, there would be additional assessments. Cheryl Nelson, 7073 Rice Lake Drive asked if pavement is going all the way up to Elm Street. Mr. Stahlberg explained that the grading and base would be scheduled to Elm Street and then it would probably sit for a while. He said curb, gutter and surface would be installed within two years. PAGE 13 251 252 COUNCIL MEETING SEPTEMBER 26, 1988 Sharon Jensen, 572 - 77th Street asked if their assessment is not pending or levied would there be interest. Mr. Stahlberg said the increase in the amount would be tied to a the ENR Cost Index. John Fitzpatrick, 203 Elm Street asked when the church would have to pay it's assessments. Mr. Stahlberg explained that the brochure available tonight would explain this. The first payment would be due in 1990 assuming everything moved ahead as planned. Mr. Jim Hill asked if the capicity is sized sufficiently to carry all this without going to a pressurized system. Mr. Stahlberg said the system is sized for the entire area. Mrs. Davidson asked if her well could run dry. Mr. Stahlberg said not if it were more than 100 feet deep. Mr. Fenno said that the Council is basically asking him to take out an insurance policy on his well and septic system. He felt he should be assessed when services are installed down Rice Lake Drive not down Elm Street. Mayor Benson said the utilties may go a different route than what is now being shown. Mr. Fenno said he felt this proposed route was not a reasonable route. Mr. Patzoldt asked if stubs would come to his property line. Mr. Stahlberg said yes. Tim Prins, 7125 Rice Lake Drive asked if it were true that the citizens could not petition against this project because it is a resolution. Mayor Benson said the City originated the project and the Charter calls for this hearing. Mr. Prins said that he thought it was not fair that as a group of residents they could not squash the project. Mr. Rehfeld, 7124 Rice Lake Drive said he is opposed to this road because the children in his area ride their bikes across the field to Sunrise Park. He said he was concerned about how the street will be controlled. Mrs. Fenno said a lot of the residents are more concerned about the road. She suggested that Lake Drive or Sunrise Drive be upgraded and the residents would be happy to give easements on the back of the lots for the utilities. Mayor Benson said he did not see this happening. PAGE 14 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 Fifth Segment, Elm Street to 4th Avenue - Mr. Stahlberg showed two overheads of this area and pointed out that according to the feasibility report 2nd Avenue would be extended across Elm Street and through the church parking lot to 4th Avenue. The staff had met with church officials and it was decided to look at taking 2nd Avenue slightly to the east then north through a vacant lot to 4th Avenue. Dean Smith, 193 Elm Street told the Council that he was totally opposed to the street being extended through the vacant lot because it would mean that a street would run along the entire edge of his property. The City Engineer has explained how he could divide his lot into five lots but this did not make sense to him because of the location of his house and his out buildings. He felt it lowered the value of his home and his neighbors felt the same way. Mayor Benson explained that this was not the final plat. Mr. Smith said he is facing a potential $40,000 assessment and reminded the Council that he voted for them. He said if the contractors want the facilities they should pay for them. Leonard Thoeny, 221 Elm Street said he did not want the street going past his house because of the noise. He suggested going through the church property. Jane Davidson asked why the road was going through this area at all. Why not stop at Elm Street. Mayor Benson said the Council is just looking at options at this point. Mr. Stahlberg explained an alternate plan is to run utilities through the church parking lot to the north. A street could come off of Lake Drive and then go west and dead end in a cul -de -sac. This proposal has also prompted a rezone request by the Economic Development Committee for potential business usage. He noted if this plan were adopted, Mr. Hill and Mr. Fenno would not be involved. Mr. Fenno said that he sided with the City Council and said that the last proposal appeared to be an excellent plan. He felt his neighbors would be less resistent. Mayor Benson said this proposal was a good possibility. Sixth Segment, Lake Drive and Crossing 35W - The purpose would be to provide utility services to the prison. PAGE 15 253 • 254 COUNCIL MEETING SEPTEMBER 26, 1988 Mr. Hill suggested that the Council bite the bullet and bring utilties up Lake Drive. This would resolve all kinds of legal problems. Mayor Benson said that the Council has looked at alternatives and used the contour maps to determined the less expensive route. He explained the route shown is the least expensive, affords the Council to use state aid funds and allows the City to service the entire west side when it is needed. Mr. Smith said that he has not heard any resident who is for this project. A gentleman explained that he has purchased a lot in Sunrise Meadows and has been waiting since April to start construction on his new home. Last Segment, 35W through the Industrial Park. Pat Westling asked if the Council was doing this to get industry to come into Lino Lakes. Mayor Benson said that the Council is looking at servicing parcels that are open and bring sewer and water to individuals, look at areas near the freeway and a proposed shopping center. He noted that a problem is that people want amenities but not next to them. Mrs. Westling asked if it were true that when industry comes into an area they are given tax breaks and do not pay taxes for ten years. Is it feasible to put in services for industries when they will not pay taxes. Mayor Benson explained that not every business will be tax increment financed nor would the City Council go along with this. He explained the proposal regarding Gateway Foods and how this would nearly double our tax base. Mr. Neal explained that the City must have some improvements and tonight the City has looked at alternatives. No decisions will be made tonight. Mr. Bisel explained that what is happening in Lino Lakes is exciting and interesting. The Council is taking a look at land usage and what is available and what does the Council want to do with it. He explained that the housing standards have been raised and this will capture a more favorable tax base. The Council is making an endeavor to attract industry to help defray tax costs to landowners. He said Lino Lakes is well and functioning. Mr. Reinert said that the Council does not sit there because of the salary they earn. It is obvious that homes do not carry their weight when it come to educating students. It PAGE 16 1 1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 is obvious that at some point we have to look to other sources of revenue. There are good opportunities in Lino Lakes. There has to be some commercial and industrial development in Lino Lakes. He said he was not sitting there to annoy the residents but to look at alternatives. The Council has to be cost effective and spend a lot of time looking at the ramifications of their actions. He hoped the citizens would seethe project from the Council's point of view in terms of the future of the City. If only homes are built in Lino Lakes, this will greatly impact the school system and we all know what this does to property taxes. This Council must look to business as another source of revenue. Mr. Glenn Rehbein commended the Council for their initative and for having the backbone to get something done. Fifteen years ago the Metro Council would have helped bear the cost. He noted that the longer you wait to install these facilities the more it will cost. This City has to create jobs, not everyone wants to drive to Bloomington to work. He noted that the City will get help from state aid to finance the road and also noted that the citizens will get a good deal because they will not be required to hook up to the utilities and be assessed. Mrs. Fenno said she felt that people were not really against the coming of sewer and water but asked that the Council take this as a City project and look at an area assessment. A resident told the Council that they scared the hell out of them by sending the letter. Mayor Benson explained that the Charter required that the letter be sent. Mr. Bisel moved to close the public hearing at 11:20 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mayor Benson explained that the sixty day waiting period begins today and the Council will continue to gather information and consider all of the points brought out tonight by the citizens. This matter will be on the November 28, 1988 Council agenda. He also noted that the Planner and Engineer may also hold additional small group meetings. Mrs. Westling suggested that since this City does not have a policy regarding monitoring ground water a policy be established to measure ground water quality. She expressed PAGE 17 255 256 COUNCIL MEETING SEPTEMBER 26, 1988 concern since Lock Ness Park is very near Lino Lakes and this park is built on a garbage hill. Mr. Davidson explained that ground water contamination has become a very important issue and noted that standards on ground water will be raised on January 1, 1989. He felt it would be an impossible task to try and monitor ground water. He suggested that individual homeowners privately test their water supply. OLD BUSINESS Letter From Centerville Regarding Police Protection - This article in the local paper was discussed and one concern of Centerville's was the problem of trying to get a budget figure for police protection for their budget. Mayor Benson noted that traditionally Lino Lakes sets the levy by October 10th and the budget the first meeting in December. However, by October, the budget is very near final. Mr. Schumacher explained that he has always provided answers to Centerville although they may not have been what they wanted to hear. This is a Lino Lakes Police Department and Centerville is looking at being able to have a hand in the operation of the Department and this is not realistic. Mr. Bisel explained that some of the frustration is that they would like some input into the operation of the department. Mr. Reinert said he felt the letter from Centerville dated September 15, 1988 . more correctly reflects the feeling in Centerville now. He said he felt the liaison option may solve the problems. He felt the turnaround was favorable. Mr. Bisel said that Centerville did Lino Lakes a favor by bringing out the cost effectiveness of the Lino Lakes Police Department. He said he was not in favor of subsiziding Centerville's police protection and favored a two year contract. He felt they had a buy and did not recognize it. Mayor Benson said the Council should look at the liaison proposal and noted the problem indicated with communications was with the City Administrator. Mayor Benson suggested that most police matters should be handled by Chief Campbell. Mr. Reinert suggested that Chief Campbell attend the Centerville Council meetings occasionally. Mayor Benson said that Centerville should be made aware that their costs may go up. He also said there should be more visability in Centerville and the liason option will be considered. 1 PAGE 18 1 1 1 COUNCIL MEETING SEPTEMBER 26, 1988 Ratification of Bill Bruen as Centennial Fire District Chairman - Mr. Reinert moved to approve this request. Mr. Bisel seconded the motion. Motion carried unanimously. NEW BUSINESS Gambling License Request - St. Joseph's Church Men's Group - The Council did not have a problem with this item. Block Party Request, South Black Duck Drive - The Council felt this was a good idea and allowed neighbors to get to know each other. Mr. Reinert moved to authorize the request. Mr. Bisel seconded the motion. Motion carried unanimously. Quotes for City Employees Life Insurance Program, R. Schumacher - Mr. Schumacher explained that the insurance carrier who previously supplied life insurance for the employees is no longer carrying this type of coverage. The quote received from Kelly Agency is $76.00 per year higher than the previous carrier. Mr. Bisel moved to authorize Mr. Schumacher to enter into a contract with Mutual Benefit Life. Mr. Neal seconded the motion. Motion carried unanimously. Resolution No. 73 - 88 Authorizing the Clerk - Treasurer to Certify Delinquent Water and Sewer Bills for Collection with the 1989 Property Taxes. Mr. Bisel moved to approve Resolution No. 73 - 88. Mr. Neal seconded the motion. Motion carried unanimously. Resolution No. 74 - 88 Authorizing the Clerk - Treasurer to Certify Delinquent Root Graft Bills for Collection with the 1989 Property Taxes - Mr. Bisel moved to approve Resolution No. 74 - 88. Mr. Neal seconded the motion. Motion carried unanimously. Mayor Benson noted the Celebrate Minnesota 1990 information and asked that suggestions for Lino Lakes participation in this program be submitted to Mr. Schumacher. Mr. Bisel noted that the proposal that was sent to Gateway Foods was very professional and nicely done. s Mr. Bisel moved to adjourn at 11:47 P.M. Mr. Neal seconded the motion. Motion carried unanimously. PAGE 19 257