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HomeMy WebLinkAbout11/28/1988 Council Minutes (2)074 COUNCIL MEETING NOVEMBER 28, 1988 The regular meeting of the Lino Lakes was called to order at 7:18 P.M., November 28, 1988 by Mayor Benson. Council Members present: Neal, Bisel, Bohjanen, Reinert. Council Members absent: None. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Mr. Bisel moved to approve the minutes of November 14, 1988 as presented. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Bohjanen moved to approve the Disbursements of November 28, 1988 as presented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Phyllis Blaylock, 6941 Sunrise Drive - Mrs. Blaylock referred to the public hearing on the 2nd Avenue Improvement held September 24, 1988. She said Mayor Benson has stated that the City nor the contractor are responsible for wells going dry during construction and if the contractor goes broke the people of Lino Lakes will pay the cost of restoring water to the residents. She said during the last improvement, ten wells in her area went dry. She also said that Mayor Benson has said a partial plan for the upcoming improvement has been submitted to the Environmental Protection Agency. She checked with this agency and no plan has been submitted. She explained that the people in her area will be checking up on the Council in this area with a "jaundiced eye ". She said that they are not dummies and know who to call. She said that they went through this with Mayor Gourley and will be checking on this Council as well. Mayor Benson said this Council is very responsive to the residents and will stand on his record in this regard. TRUNK SEWER AND WATER IMPROVEMENT AND SECOND AVENUE IMPROVEMENT - ORDERING PROJECT AND PREPARING PLANS - RESOLUTION NO. 84 - 88 1 PAGE 1 1 1 1 COUNCIL MEETING NOVEMBER 28, 1988 Mayor Benson outlined the various meetings with residents and the public hearing which was held on September 26, 1988. He also noted that the consulting engineering firm has completed additional studies and a second engineering firm has also completed more testing and review of the material. The Council has looked at several alternatives and options and the reasons behind each option. Appraisals of the Rustic Lane properties have been completed and these residents have been made aware of what is going on in this area and a possible buy out plan. At the public hearing, the residents were informed that the Council would gather all the information that was needed so that a decision in the matter could be reached at this meeting this evening. Mr. Stahlberg used the overhead projector and outlined the areas of the improvement that still must be resolved. These include the relocation of 2nd Avenue as it goes north from Lake Drive to it's intersection with the present 2nd Avenue and the area around the Catholic Church. He also noted that since the public hearing several things have happened. Petitions have been received from property owners requesting removal from the project. He showed these property owners in green on his overhead map. He also showed an alternate route for the sewer and water service through the forty acre parcel south of Elm Street owned by the Catholic Church and the extension of the route north of Elm Street west of the Church to the freeway. Mr. Stahlberg explained the unresolved area is the area south of 2nd Avenue starting at Lake Drive. He also explained the process for the appraisals of the property on Rustic Lane. The appraisals show the value of the entire parcel of property, the value of the right of way and the severage damage appraisal. He noted that the property owners have not yet received copies of the appraisals. Mayor Benson noted that each resident will have the opportunity to get an independent appraisal and the City will fund up to $300 of the appraisal costs. Curt Knief, 6856 Rustic Lane said he has heard that the relocation of 2nd Avenue is no longer part of the improvement. Mayor Benson said no decision has been made on this matter. He said if the sewer and water utilites go through his property he expects payment of damages and requested that the Council meet with every resident affected. He said all residents of Rustic Lane would be amenable to this proposal. PAGE 2 075 07 6 COUNCIL MEETING NOVEMBER 28, 1988 Mrs. Blaylock asked if the Council is talking about taking all houses on Rustic Lane. Mayor Benson said no, this improvement would only affect the houses on the east side of Rustic Lane. Mrs. Blaylock asked why the Council wants to buy out these homes. Mayor Benson answered to put in the utilities and relocate 2nd Avenue. Mrs. Blaylock explained that the residents have heard that the Council wishes to rezone the area to commercial and put in a shopping center. She said John Stein at the DNR has talked to Mr. Stahlberg who told him the area will be developed as commercial property. Mayor Benson said this was not true. Mr. Stahlberg explained that he has talked to the DNR regarding the Reiling property on the east side of Lake Drive at the intersection of Highway No. 49. The City has received a proposed shopping center development plan for that area only. Scott Rasmussen, 6864 Rustic Lane asked what was the purpose of the total buy out proposal. Mayor Benson explained it was to give the property owners the option of selling the property to the City and then when the construction is completed offering the former resident the first option to buy the property back from the City. Mr. Rasmussen explained a rumor he had heard. Mayor Benson noted that there have been lots of rumors, however the Council is genuinely trying to find a solution and not forcing anyone to do anything. Mr. Rasmussen suggested that the Council place the utilities in the area outlined and then float 2nd Avenue in its present location. He felt the Council would save a lot of time and save face and the hassle and everyone will be happy. Mr. Bisel used the overhead projector and explained that this improvement has been discussed for a long time. He noted that the key to development is utilities. He also noted that the Council hears the residents loud and clear. Rich Larson, 6935 — 2nd Avenue noted his property was shown on the map colored orange. Mr. Stahlberg explained that this means he has petitioned out of the improvement and will not be assessed. Mr. Knief noted that the cost of placing the utilities in the back yard of the Rustic Lane residents could be free hook up to the utilities. He felt this would be a PAGE 3 1 1 1 COUNCIL MEETING NOVEMBER 28, 1988 negotiating point and a cheap way for the Council to go. Mr. Bisel said the problem with this is cost. He said if this is not a benefit to the City an alternate plan would be considered. Mr. Rasmussen said this could be delayed in the courts for some time. Jim Hill, 298 Elm Street said if the utilities were placed in the middle of the green area on the map, there would be less opposition from homeowners. He asked if 2nd Avenue would be developed? He also asked for an explanation of the legal ramification of people living on the property where the utility easements would be located. Mr. Stahlberg explained that the easement would be recorded as part of their property description and the City would always have the right of access for maintenance of the system. Mrs. Hentges, 6817 Lakeview Drive said she was told shallow wells will be affected by the construction. Mr. Stahlberg explained that her property is a substantial distance from the improvement and should not be affected. Mrs. Hentges asked for a guarantee that her well would not be affected. Mr. Stahlberg explained that the City can only write the construction contract so that the contractor must supply water to the affected residents. Mr. Stahlberg was asked if the residents will be notified of the contracting company? He explained the construction contract is part of the City record and a telephone call to City Hall will get the answer. Mr. Bisel asked what happens if the contractor goes into bankruptcy. Mr. Stahlberg explained that the contractor must submit a bond and this bond is activated if the contractor does not fulfill any part of the contract. Mrs. Blaylock told the Council that Mrs. Marazzo at 6841 Sunrise Drive lost her well during the previous construction and now she has a $5,000 lien on her house. Mr. Stahlberg said the City was not aware that she was having problems. Tina Myhre, 6917 Sunrise Drive asked if this is going to affect wells, will she be notified or one day there just will not be any water. Mr. Stahlberg explained there is no way to know what well will have problems. The resident with problems will have to notify City Hall. He also explained that the depth of each well will make a difference. It is his understanding that there are only about three deep wells in the immediate area. PAGE 4 77 �S Q78 COUNCIL MEETING NOVEMBER 28, 1988 Mr. Saunders, 6917 Lakeview asked what financing methods will be used for this improvement. Mr. Stahlberg explained that MSA funds will be used for the construction of 2nd Avenue and assessments from the green areas will be used for financing the utility improvement. Mr. Saunders noted that if the contractors have a hard time selling their new houses, the assessments may come in slowly. Mr. Stahlberg explained the procedure for the payment of assessments. He noted that the users of the utility improvement will be paying for the improvement and when someone in the future decides to hook up they will be paying the going rate at the time they hook up. Mr. Rasmussen asked how the improvement will be initially financed. Mr. Stahlberg explained the financing will be by bonding. Mr. Rasmussen asked what would happen if the economy goes bad and the contractors have a hard time selling their lots. Mr. Stahlberg explained the developers letter of credit would be used for bond payments. He also noted that the City has a firm committment from the prison and they pay their assessments up front. Mr. Knief asked if MSA funds are covered under the Charter if less that 100% of the property owners petition for the improvement. Mr. Schumacher explained the MSA funds are road funds used for construction only and not part of the City General Funds. Mrs. Blaylock asked if the Council is still talking about constructing a road or just utilities. Mayor Benson said the Council has not made this decision yet. Mr. Rasmussen told the Council that no one on Rustic Lane wants to sell their property. Mayor Benson asked for direction from the Council. Mr. Bohjanen asked for clarification of the utility line. Mr. Stahlberg explained the easement would be on the east side of the tree line or between the tree line and Lake Drive. There was further discussion on where the utility lines should be laid. Mr. Reinert -asked why 2nd Avenue should be improved at this time. Mr. Stahlberg explained it is in the MSA street plan for this time. Mr. Reinert noted that the City could get along without the street and just construct the sewer and water lines for now. Mr. Reinert said he has listened to many discussions and noted that the City has a good commitment on the north end PAGE 5 1 1 1 COUNCIL MEETING NOVEMBER 28, 1988 of the utility line. He felt the primary objective was to get the sewer and water utilities to the north and did not see the need for the street improvement in the immediate future. He said the City should get this resolved and work with the people and get the utility lines in. Mr. Bisel moved to follow the drawing presented by Mr. Stahlberg starting at Lake Drive through the back of the property on Rustic Lane to Glenview Drive then straight north missing the Larson property until it reaches a proposed street to the east and then to 2nd Avenue and then north through the Menkveld property, following the blue line north through the Church property, then north of Elm Street to the freeway, then right (east) and follow the line as proposed to get utilities to the prison and this will also satisfy the people on Rustic Lane and allow the improvement to get going and order the trunk sewer and water improvement and preparation of plans and specifications and approve Resolution No. 84 - 88. Mr. Bohjanen seconded the motion. Mr. Rasmussen asked about 2nd Avenue. Mr. Reinert said he would not dwell on the road now, the need is for the sewer and water improvement. Mr. Rasmussen said he did not want to go through this five or ten years from now. Mr. Saunders asked if the trunk lines would be large enough to serve the entire area. Mr. Stahlberg explained it will handle all the property to the west City limits. Voting on the motion, motion carried unanimously. Resolution No. 84 - 88 can be found at the end of these minutes. Mayor Benson directed Mr. Hawkins to visit with the affected residents all the way to the prison for utility easements and come back to the Council with his results. Mr. Bisel moved that langauge in the construction contracts state that the contractor is responsible'for dry wells in this area (Lakeview, Glenview etc.) Mr. 'Neal seconded the motion. Motion carried unanimously. Mr. Menkveld asked for a time table for the construction. Mr. Stahlberg explained that he expected that plans and specification will be ready by February 15, 1989 so that bids can be requested. PAGE 6 G9 6ao COUNCIL MEETING NOVEMBER 28, 1988 CONSIDERATION OF RETAIL MARKET STUDY PROPOSAL FROM LAVENTHAL AND HORWATH PER A RECOMMENDATION FROM THE ECONOMIC DEVELOPMENT COMMITTEE Mr. Pat Smith, Chairman of the Ecomonic Development Committee (EDC) explained that they have received three proposals for the study and are recommending accepting the proposal from Laventhal and Horwath at a cost of $13,900. He noted that Mr. Schumacher has arranged to use Anoka County Economic Development money to cover the cost. Mr. Smith also noted that an industrial market study is being considered and should be before the Council in late December. The cost of this study is expected to bring the total cost of both studies to about $18,000 and the grant will cover approximately $16,000. Mr. Bisel explained that he has attended nearly all of the EDC meetings and is impressed with their work. He said he would like to see what kind of businesses are recommended so that this City can go out and start soliciting them. Mr. Bisel moved to approve the expenditure of Anoka County Economic Development money for the retail market study by Laventhal and Horwath. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF AN ANALYSIS OF THE CENTENNIAL FIRE DISTRICT JOINT POWERS AGREEMENT Mr. Schumacher reminded the Council that this agenda item is a carryover from the November 14, 1988 agenda and he was asked to complete a flow chart for determining the future of the Centennial Fire District. He was asked to look at two options: 1) attempt to amend the Joint Powers Agreement with a more equitable formula, and 2) look at other options such as starting a Lino Lakes Fire Department or contracting with another community. Mr. Schumacher is also recommending that a letter be sent to the Fire District saying that Lino Lakes has all intentions of negotiating a new formula but putting them on notice that the one year time period is beginning for the possible withdrawal of Lino Lakes from the Joint Powers Agreement if a more equitable formula is not agreed upon. Mr. Neal asked if the Centennial Fire Department can vote at their next meeting to disband on January 1, 1989. Mr. Schumacher explained that they must follow the Joint Powers Agreement and this requires one years notice. Also, only the PAGE 7 1 1 COUNCIL MEETING NOVEMBER 28, 1988 three cities involved in the JPA can disband the Fire Department. Mayor Benson asked that the letter say that Lino Lakes in not unhappy with the service, we are unhappy with the formula and if an agreement cannot be reached, we will have our own fire department in place. Mr. Neal moved to notify Circle Pines and Centerville of the intent of the Lino Lakes Council and give a one year notice and determine what can be worked out by the cities and have this process completed by May 31, 1989. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel asked that the Mayors comments be included in the press articles. ENGINEER'S REPORT - RON STAHLBERG 80th Street Improvement, Resolution No. 83 - 88 - Mr. Bisel moved to approve Resolution No. 83 - 88. Mr. Reinert seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 83 - 88 WHEREAS, the City of Lino Lakes has applied to the Comm- issioner of Transportation for a grant from the Minnesota State Transportation Fund for the re- construction of City Bridge No. L -8158 over Hardwood Creek; and WHEREAS, the application for the grant has been approved by the Minnesota Department of Transportation in a letter dated May 3, 1988; and WHEREAS, the amount of the grant has been determined to be $70,247.12, by reason of the lowest responsible bid. NOW THEREFORE, BE IT RESOLVED, That the City of Lino Lakes does hereby affirm that any cost of the bridge in excess of the grant will be appropriated from funds available to the City of Lino Lakes, and that any grant monies appropriated for the bridge but not required, based on the final estimate shall be returned to the Minnesota State Transportation Fund. PAGE 8 • COUNCIL MEETING STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES NOVEMBER 28, 1988 CERTIFICATION I do hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City of Lino Lakes at a duly authorized meeting thereof held on the twenty eighth day of November, 1988. SEAL Mari yn' .'Anderson, Clerk- Treasurer Ditch Cleaning - Mr. Schumacher said he has been approached several times now and asked why the City is not cleaning ditches since the weather has been so dry and this appears to be the best possible time to do this work. Mr. Volk and Mr. Stahlberg support this idea. The question appears to be, where will the money come from to do the work? Mr. Stahlberg explained that three ditches appear to need work in the near future, the ditch that crosses Birch Street from the east side of Reshanau Lake Estates South, the ditch north of Main Street from 4th Avenue to Pine Street and the ditch west of city hall south of Main Street. Mr. Stahlberg also noted that ditch work will be needed in Section No. 31. Mr. Bohjanen asked if these ditches were in the Rice Creek Watershed District jurisdiction. It was explained that although they were, RCWD has said that they have no money for cleaning or returning them to their original condition. Mr. Bisel said it did not make sense to wait until there is a problem with a ditch before any action is taken. Mayor Benson asked that projected costs be prepared for the above mentioned three ditches and an estimate of when could this work be done. Mrs. Sharpen, 801 Main Street said she and her husband own forty acres and would be willing to pay the cost of cleaning the ditch that runs through their property. There was discussion regarding scheduling the cleanout of certain ditches, survey work needed and possible right of way acquisition. Also the-Council discussed the possibility of asking other agencies to participate in the studies. PAGE 9 1 1 1 1 COUNCIL MEETING NOVEMBER 28, 1988 Mr. Stahlberg was asked to prepare an estimate of the scope of the project without field work for the three above mentioned ditched and bring this back to the Council for further direction. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins did not have a report. PLANNING AND ZONING REPORT Consideration of a Minor Subdivision for Marcelino and Refugia Lopez - Mr. Bisel moved to approve the minor subdivision for Mr. and Mrs. Marcelino Lopez as outlined in P & Z application No. 88 - 31 subject to the payment of the park fee and subject to the street easement dedication as outlined in a document attached to the P & Z application. Mr. Bohjanen seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision and Lot Combination for Chester and Cecelia LaRocque - Mr. Schumacher explained that the purpose of this request is to divide a lot and combine each one half to the adjoining lots. This then will create two lots instead of three and the two lots will be more conforming in size. The P & Z Board did recommend approval of this request. Mr. Reinert moved to approve P & Z application No. 88 - 32 subject to the P & Z recommendations. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of a Minor Subdivision for Gethsemane United Methodist Church - Mr. Schumacher explained that Mr. Tagg built his home on the church property and rather go to court regarding the matter, the church is deeding the necessary footage to make the home conforming to setback requirements. The P & Z Board has recommended approval of the request subject to the payment of a $400.00 park -fee. Mr. Reinert moved to approve the recommendation of the P & Z Board for Gethsemane United Methodist Church contigent upon payment of a $400.00 park fee and subject to all P & Z recommendations. Mr. Bisel seconded the motion. Motion carried with Mr. Bohjanen abstaining. PARK BOARD REPORT PAGE 10 rd 84 COUNCIL MEETING NOVEMBER 28, 1988 Development Plans on Rice Lake Estates - Mr. Schumacher asked that this item be tabled for further information. Mr. Reinert moved to table this item. Mr. Bohjanen seconded the motion. Motion carried unanimously. ANNUAL AMBULANCE REPORT - JOE GRAFT DMH Mr. Graft, director of the District Memorial Hospital ambulance service presented a statement of operation of the ambulance service for the year ending August 31, 1988. He outlined the statement for the Council and noted that some changes have taken place and other changes are contemplated. He noted that there is the possibility that the DMH may merge with the Chisago Lake Hospital. DMH will continue to operate regardless of whether or not the merger takes place. Mr. Graft said that the ambulance service has expanded to twenty four hour coverage and the ambulance has been completely reconditioned. He noted that the VFW had donated portable radios and oxygen equipment. A single load cot is needed by the service. The cost of the cot is approximately $1,500.00. Mr. Graft said that he is working with Chief Campbell to provide free training for the police officers. He said there is an excellent relationship between the ambulance service and the Police Department and the Centennial Fire Department. The Council thanked Mr. Graft for coming this evening. CONSIDERATION OF ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF LINO LAKES - RESOLUTION NO. 82 - 88 Mr. Schumacher explained that the 1988 Minnesota State Legislature amended the Human Rights Act to require that all local governments with twenty or more employees obtain a certificate of compliance from the Department of Human Rights. The certificate is contigent upon the City completing an Affirmative Action Plan. The Plan presented to the Council is modeled after a draft from the Department of Human Rights. Mr. Reinert moved to adopt Resolution No. 82 - 88 and change the plan to-indicate City Administrator where ever Mr. Schumacher's name is mentioned. Mr. Bohjanen seconded the motion. Motion carried unanimously. PAGE 11 1 COUNCIL MEETING NOVEMBER 28, 1988 CITY OF LINO LAKES RESOLUTION NO. 82 - 88 RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF LINO LAKES WHEREAS, The 1988 Minnesota State Legislature amended the Human Rights Act and required all local govern- ments with twenty or more employees and /or receives from the State of Minnesota more than $50,000.00 a year must obtain a certificate of compliance from the Department of Human Rights, and WHEREAS, Receipt of this certificate is contingent upon the City completing an Affirmative Action Plan, and WHEREAS, The City of Lino Lakes has twenty six full -time employees, and WHEREAS, The City of Lino Lakes feels it is important to affirm the policy of providing Equal Opportunity to all employees and applicants for employment in compliance with all Equal Employment /Affirmative Action laws, and 1 WHEREAS, The enactment of this program will also provide a working environment that is free from racial and sexual harassment, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the Lino Lakes City Council adopts this Affirma- tive Action Program attached herein. Adopted by the City Council of Lino Lakes this twenty eighth day of November, 1988. Hardy PAGE 12 Anderson, Clerk - Treasurer min • nson, Mayor .A 086 COUNCIL MEETING NOVEMBER 28, 1988 OLD BUSINESS Update on Establishing East Side Voting Precinct - Mrs. Anderson prepared a memorandum to the Council regarding her research on establishing an east side voting precinct. Both the Secretary of State and Anoka County have said that precincts cannot be divided until after the 1990 census. After discussion it was decided to discuss this matter with our State Senator and Representative on Saturday during the joint meeting. NEW BUSINESS Workshop for 1989 Annual Appointment - Mr. Bisel said that it would be wise to start work on this process so that all appointments could be made at the first Council meeting in January. He suggested that advertisements be placed for the vacancies and have all application to the City Office by December 31st. Mayor Benson asked that board members whose terms are expiring should be asked if they wish to continue. Mr. Reinert said he agreed with the open appointment process but also to look at those who are currently serving and they should be considered first. There was discussion regarding contracted services with the Council agreeing that each should be looked at individually and determine their deficiencies and strong points and then get a concensus of the Council. Mr. Bisel suggested that the legal newspaper be looked at in this same manner. Mr. Bisel moved to contact the persons whose term is expiring and also to open up the process by advertising and try to complete this process by December 31, 1988 and make the appointments the first meeting in January. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson asked that a list of guidelines be made for the City Administrator before the first of the year. It was decided to select a meeting date during the week of December 18th to conduct a workshop and complete the Ways and Means Agenda. Publish Budget - Mr. Reinert moved to publish the 1989 Preliminary Budget so that final action on the budget can be completed at the December 27, 1988 agenda. PAGE 13 1 1 COUNCIL MEETING NOVEMBER. 28, 1988 December 3, 1988 Special Meeting - The Council was reminded of the special meeting with all the boards and committees on Saturday. Mayor Benson asked all Council Members to give their ideas regarding the agenda to Mr. Schumacher. He will be meeting with Mr. Schumacher on Thursday to finalize the agenda. Mayor Benson reminded the Council that the Economic Development Committee will be making a presentation to the Chamber of Commerce on December 7, 1988. Mr. Bisel moved to adjourn at 9:45 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on December 12th 1988. N MA�I N G. ANDERSON Clerk - Treasurer PAGE 14 W JAM ' G . : NSON Mayor 087