Loading...
HomeMy WebLinkAbout06/28/1993 Council Minutes1 1 1 COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JUNE 28, 1993 Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Consulting Engineer, John Powell; Consulting Planner, Al Brixius; Planning Coordinator, Mary Kay Wyland; Assistant to the Administrator, Dan Tesch; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. Mayor Reinert thanked the Public Works Department for their diligent work during this time of high ground water in the City. He noted that some of the pumps are being operated 24 hours a day and this means that many Public Works Department employees are working long hours. Mayor Reinert also thanked the citizens for their patience during this time. AGENDA ADJUSTMENTS Council Member Neal asked that Item No. A be added to Old Business, "Star of the North Games". CONSENT AGENDA Council Member Neal moved to approve the consent agenda as presented. Council Member Elliott seconded the motion. Motion carried unanimously. ITEM DISPOSITION Minutes: June 14, 1993 Approved Disbursements: June 28, 1993 Approved Centennial Fire Department Approved PAGE 1 215 216 COUNCIL MEETING JUNE 28, 1993 REGULAR AGENDA OPEN MIRE Mary Ann McDougal, 6116 Baldwin Lake Road explained that she has lived in Lino Lakes since 1965 and was a proponent of the ban to end all hunting in that portion of Lino Lakes. However, now there is an extensive problem with a large deer 'population. Ms. McDougal read from a prepared statement. She cited statistics regarding the number of deer killed by vehicles in Lino Lakes since 1989 and told of the property damage being suffered by residents as a result of the large deer herd. Ms. McDougal also noted the danger of Lyme's Disease and explained that she is currently undergoing treatment for this disease. Ms. McDougal urged the City Council to work with the Department of Natural Resources (DNR) to reduce the deer population in Lino Lakes. She explained that because of the no hunting ordinance the DNR is reluctant to take any action. Ms. McDougal displayed pictures of deer in her area. She also noted that North Oaks has an active program to move the deer out. Ms. McDougal will let the DNR know that the City is willing to cooperate in this matter. Mayor Reinert directed staff to contact the DNR to determine what their policies are regarding moving deer to other areas. REPORT OF CABLE COMMISSION REPRESENTATIVE, DAN TESCH Mr. Tesch presented the 1993 Annual Commission Report and the 1994 Proposed Operating Budget to the City Council. A list of major items addressed in the Annual Report included the 1992 transfer of ownership from Cable TV North Central to Meredith Cable; a 1992 Subscriber Survey; the 1992 Cable Act and the development of a Mission Statement and Director's Job Description. The proposed 1994 Operating Budget reflects a 3.6% increase, while increasing by 12% the franchise fees retained by the member cities. Council Member Elliott moved to approve the 1994 Operating Budget. Council Member Neal seconded the motion. Motion carried unanimously. Mr. Tesch noted that there are approximately 1500 cable subscribers in Lino Lakes. Cable is available to about 3000 homes. PAGE 2 1 1 1 COUNCIL MEETING JUNE 28, 1993 PAY EQUITY PLAN UPDATE Mr. Tesch explained that the City has received a certificate of compliance from the Department of Employer Relations with regard to the Local Pay Equity Act. He noted that municipalities were required to develop and implement a pay equity plan eight (8) years ago. More stringent rules were implemented two (2) years ago and many municipalities were not in compliance. It is important to stay in compliance because the municipality could face a reduction in state aid. Mr. Schumacher commended Mr. Tesch for his work in this area. He also noted that although the legislature mandated the Pay Equity Act, they did not provide any funding for compliance. PLANNING AND ZONING REPORT Consideration of County Lakes Estates Preliminary Plat - Mr. Brixius used the overhead projector and presented the preliminary plat. The plat is approximately 33 acres and contains 59 lots. It is located at the south end of Reshanau Lake. The zoning is Single Family Residential (R-1) with a request for a PDO to allow lot size flexibility because Lots 5, 6 and 7, Block 1 do not meet the lot area requirement as outlined in the Shoreland Ordinance (10,800 feet above the 100 year flood plain and 20,000 feet above the ordinary high water elevation). Staff is recommending that lot area be calculated above the ordinary high water elevation. Also a determination is necessary in the area of lot area definition. The Planning and Zoning Board has approved the preliminary plat with the conditions outlined in the Planner's report and the requirement that all lots contain a contiguous 10,800 square foot lot area. The City Engineer has indicated his support for the number of lots proposed and is recommending that the preliminary plat be approved as submitted. The developer has requested that the preliminary plat remain as proposed to insure the economic viability of the subdivision. He is suggesting that an easement and walkway be provided between Lots 5 and 6, Block 1 and a small amount of fill be added to Lot 7 to provide the 10,800 square foot minimum for the lots. This presents a policy question to the City Council. If the City Council determines that a contiguous buildable area of not less than 10,800 square feet must be provided, then Lots 5-7, Block 1 should be reconfigured to meet this requirements. Mr. Brixius noted that the street layout is unusual because of the private parcel exceptions and the wetlands. He also noted that blocks 1 and 3 exceed the maximum length outlined in the PAGE 3 217 2 COUNCIL MEETING JUNE 28, 1993 City Code. It was Mr. Brixius' opinion that the plat is well designed and provides a vital link for utility extension to the undeveloped areas east of West Shadow Lake Drive. He also explained that since the plat abuts a major park on the west side of the plat, park land dedication will not be required. Trails will be provided. Three (3) major wetlands have been delineated and will be protected. A drainage ditch is located in the center of the plat and a culvert will be required for the crossing of South Shadow Lake Drive. Mr. Brixius commended the developer, Rick Granger regarding his willingness to cooperate with staff and following the requirements of the City Code. Mr. Brixius explained that the City Council will be required to consider action on the preliminary plat, the request for a PDO and a variance for block length. Mayor Reinert noted that some of the lots with lake frontage have unusual lot line configurations. He asked that these lots be well monumented so that the new owners can be sure of their lot lines. Council Member Elliott explained that she had walked the area with Mr. Granger and also commended him. She felt it was important that the required lot footage be contiguous. Council Member Neal moved to approve the preliminary plat as recommended by the Planning and Zoning Board and require that all lots be properly monumented for identification. Council Member Elliott seconded the motion. Motion carried unanimously. Mr. Schumacher noted that a PDO rezoning requires a four fifths vote of the City Council and since only three (3) members are present this evening, action on this matter must be delayed. He also noted that a variance was also included in the Planning and Zoning Board recommendations and felt that this matter should be required to have separate action. Mr. Hawkins explained that the variance can be incorporated with the action to approve the preliminary plat. Council Member Neal rescinded his motion and Council Member Elliott rescinded her second to the motion. Council Member Neal moved to approve the preliminary plat as recommended by the Planning and Zoning Board as follows: 1. Each lot must have 10,800 square feet of buildable lot area and the area must be contiguous. PAGE 4 1 1 1 1 1 COUNCIL MEETING JUNE 28, 1993 2. A variance be granted to allow block lengths in excess of 1,500 feet in length. 3. PDO be granted to allow lot area flexibility. (This item was not approved because only three (3) Council Members were present). 4. Easements are established over land within the 100 year flood plain. 5. Access permits to County Road 10 are obtained from the Anoka County Highway Department. 6. A utility plan is submitted subject to review and approval by the City Engineer. 7. A grading plan is submitted subject to review and approval by the City Engineer. 8. Drainage easements are established over the site's wetlands subject to review by the City Engineer. and require that all lots be properly monumented for identification and to include approval of the variance for block widths for Blocks 1 and 3. Council Member Elliott seconded the motion. Motion carried unanimously. The City Council will consider the request for a PDO at a later date. Consideration of Subdivision Request, Steve and Pat Leese, 74 Marvy Street - Mr. and Mrs. Leese are requesting a subdivision to create two (2) building sites on the south side of their property. Each new lot would contain 14,400 square feet. The site of the new lots is zoned Single Family Residential (R-1) and is indicated as Expansion Residential in the Comprehensive Land Use Plan. The remaining portion of the lot is zoned Rural (R) and will be approximately one and one half (1 1/2) acres which is deficient for a Rural Zoning District. However, the lot was previously deficient in area since 10 acres is the minimum requirement. For this reason, the staff is recommending that as a requirement of subdivision approval, the owner be required to sign an agreement, recordable with the property, that they will not petition against the extension of utilities to serve Marvy Street. The Planning and Zoning Board has recommended approval of the request with the condition that the property owner not be required to pay any assessments on Marvy Street until they actually connect to the utilities. Therefore, if utilities are extended down Marvy Street, the Leese's would not be assessed until they actually connect. PAGE 5 21 220 COUNCIL MEETING JUNE 28, 1993 This property along with eight (8) other properties on Marvy Street has been provided with sewer and water services along their south property lines as a part of the construction of Apollo Drive. Extensive neighborhood meetings have occurred and permission for four (4) controlled accesses have been received from the County. Because Apollo Drive will be a County road, the City has acquired right-of-way for these access points which will provide one (1) access for three (3) properties. The costs to connect to utilities has been determined for these parcels. Originally staff had requested permission for a "blanket" subdivision for the eight (8) lots. This would have been similar to a "blanket" subdivision/variance arrangement currently in place along Snow Owl Lane in Ulmer's Rice Lake Addition. However, the Planning and Zoning Board recommended approval of this subdivision along with any future requests to be considered on an individual basis. In addition to granting approval of the subdivision request, the Planning and Zoning Board recommended that the property owner sign a form indicating they would not object to the extension of utilities when and if they are extended along Marvy Street, and that the property owner would not be assessed for these utilities until such time as they decide to connect. Mayor Reinert asked Mr. Hawkins if the document waiving the right to petition against a utility project on Marvy Street is a binding document. Mr. Hawkins said yes, if it is recorded with the Anoka County Recorder's Office, the waiver goes with the property. Ms. Wyland explained that the Leese's prefer the Planning and Zoning Boards recommendation and prefer to not pay assessments until they actually connect to the utilities. Mr. Schumacher noted that when a lot is subdivided, the density is increased. There is a benefit in that the assessment is then spread over more than one assessable unit. Mr. Schneider explained that there is no project being proposed for Marvy Street and the only requirement being requested is that the Leese's agree to not petition against a future project along Marvy Street. He noted that all options under State Statute 429 would remain available to the Leese's. Mr. and Mrs. Leese told the City Council that they were concerned about signing the agreement and asked if the City Council could legally deny them a subdivision if they refused to sign the agreement. Mr. Hawkins explained that the City is within its legal right to require the completion of the agreement before approving a subdivision. Mr. Leese said that they had intended to never divide their property. However, there is a grove of PAGE 6 1 1 1 1 1 1 COUNCIL MEETING JUNE 28/ 1993 trees on the south portion of their lot and many neighborhood children play in the trees. Since many new lots have been developed south of Apollo Drive, they fear that many more children will be playing in the woods and increase the liability in the event of an accident. The Leese's explained that their house is only five (5) years old and they do not want to sign away their rights for something they do not need. Mr. Leese explained that the only reason they have decided to subdivide and sell is to reduce their liability and to provide a buffer between them and the new development. He noted that there will not be much money left from the sale when all requirements are met so profit is not a factor. Mr. Leese said he did not object to sewer and water coming down Marvy Street. However, there is a drainage ditch on his property and he will not be able to divide the Marvy Street frontage. This means that when sewer and water is extended along Marvy Street, he will be faced with paying assessments on the entire frontage without any method of recouping any costs. Mr. Leese felt that if he were to sign the petition, he would be unable to address his concern regarding the assessment. Mr. Hawkins explained that the City does not want to deal with petitions against a project and signing an agreement is one method of handling this matter. Mr. Leese said that there are eight (8) residents along the south side of Marvy Street who would want to subdivide their property. If they are forced to sign an agreement to not petition against a project on Marvy Street then the remaining four (4) property owners could force a project through. It was explained that if a project was proposed for Marvy Street, property owners on both sides of Marvy Street would have a right to petition against the project. Those residents who signed an agreement would not be able to petition against the project but would be able to contest the assessments as outlined in State Statute 429. After further discussion, Council Member Neal moved to approve the Planning and Zoning recommendation with the following stipulations: 1. Property owners sign an agreement indicating they will not petition against the extension of utilities when they are available to Marvy Street with the stipulation that they will not be assessed until such time as they decide to actually connect to the utilities. 2. Drainage and utility easements shall be provided on the perimeter of the newly created lots. 3. Easements for driveway purposes shall be indicated on the PAGE 7 2.21 COUNCIL MEETING JUNE 28, 1993 newly created lots. 4. All assessments and fees for the new lots to front on Apollo Drive shall be collected prior to recording of any subdivision. The motion died for lack of a second. Council Member Elliott moved to approve the subdivision as recommended by staff with the condition that the property owners be required to sign an agreement indicating that they will not petition against the extension of utilities when and if they are to be extended down Marvy Street. The agreement will not forfeit any of their rights in relation to the 429 project and including: 1. Drainage and utility easements shall be provided on the perimeter of the newly created lots. 2. Easements for driveway purposes shall be indicated on the newly created lots. 3. All assessments and fees for the new lots to front on Apollo Drive shall be collected prior to recording of any subdivision. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Site Plan for Custom Manufacturing, 7582 -- 4th Avenue, Building Addition - Custom Manufacturing is requesting approval of a proposed 11,988 square foot addition to their building. The addition would be located on the east side of the facility and is approximately 81 x 148 feet. The construction will consist of pre -cast concrete panels to match the existing building and the proposed use is mainly warehousing space. The site plan provides for 47 employee parking stalls with an additional 10 spaces for visitors. Based on the number of employees anticipated with the new construction these spaces will be more than adequate to handle the demand. A maximum of 70 employees split over three (3) shifts is projected with approximately 25 of these employees making up the main shift. Staff is recommending that three (3) handicapped stalls be provided, stripped according to guidelines contained in the 1993 ADA Rules and Regulations. Utilities are not currently available to serve this property, however, they may be in the immediate future. If the applicant is interested in the extension of utilities, a temporary holding PAGE 8 1 1 1 1 1 COUNCIL MEETING JUNE 28, 1993 tank could be installed so a new drain field is not necessary. Then connection to the sanitary sewer and municipal water could be accomplished when the trunk is extended, possibly by the end of 1993. The property is zoned General Industrial (GI) and is located in the Lino Industrial Park. Manufacturing uses are permitted in the General Industrial zone. The Comprehensive Land Use Plan also shows this property as industrial. The Planning and Zoning Board has reviewed the request and recommends approval with the following conditions: 1. Proper building permits be obtained prior to construction. 2. Exterior of proposed addition match existing building 3. A temporary holding tank be allowed if applicant decides to connect to sewer and water when extended down 4th Avenue. 4. The parking area be stripped according to the 1993 ADA Rules and Regulations. Council Member Elliott moved to approve the Site Plan with the conditions outlined by the Planning and Zoning Board. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Final Plat, Woods of Baldwin Lake - The developer, Clyde Rehbein is requesting final approval of the above named plat. The plat consists of 16 lots with one (1) dedicated for park use. The property is located south of Baldwin Lake and north of Woodridge Lane. A development agreement has been signed and financial guarantees are in place. Utilities are currently extended to serve the plat. Council Member Elliott moved to approve the final plat of Woods of Baldwin Lake. Council Member Neal seconded the motion. Motion carried unanimously. ENGINEER°S REPORT Resolution No. 27 - 93, Declaring Adequacy of Petition and Ordering Feasibility Report, Country Lakes Estates - The preliminary plat for this subdivision was approved earlier this evening. The next step is to declare adequacy of the petition the developer has submitted for utility and street improvements and to initiate a feasibility report. There is a tight schedule PAGE 9 223 ii 22. 4 COUNCIL MEETING JUNE 28„ 1993 to allow the installation of utilities and streets during the 1993 construction season. Therefore, the developer has submitted a cash escrow deposit to cover the estimated cost of the feasibility report and the feasibility report has been completed and is present if the City Council wishes to review it. Council Member Neal moved to approve Resolution No. 27 - 93 Declaring Adequacy of Petition and Ordering Feasibility Report. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 27 - 93 can be found at the end of these minutes. Resolution No. 29 - 93 Receiving Report and Calling a Hearing on Improvement, Country Lakes Estates - The feasibility report for this project has been completed and is present tonight if the Council wishes to review it. The next step in the process is to receive the report and order the public hearing. Council Member Elliott moved to adopt Resolution No. 29 - 93 Receiving Report and Calling a Hearing on Improvement. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 29 - 93 can be found at the end of these minutes. Consideration of Resolution No. 28 - 93 Approving Plans and Specifications and Ordering Advertisement for Bids, Apollo Drive, Phase II - This improvement includes both roadway construction and the extension of trunk sanitary sewer and watermain beneath Apollo Drive to Lilac Street. These improvements include that portion of Apollo Drive from 4th Avenue to Lilac Street as well as the connection of 4th Avenue to Highway 49 near the entrance to the Lino Lakes Correctional Facility. Improvements to the area referred to as Industrial Boulevard are not included in this project. Plans and specifications for the roadway were ordered at the April 13, 1993 City Council meeting. Plans and specifications for the trunk utility extensions were also ordered at that time. Design of these plans is complete and construction documents will be ready by June 28, 1993. A copy of the advertisement for bids has been forwarded to the Quad Press contingent upon the City Council's approval of Resolution No. 28 - 93. Bids for the improvement will be received July 23, 1993 and the bids can be approved at the July 26, 1993 City Council meeting. Council Member Neal moved to adopt Resolution No. 28 - 93. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 28 - 93 can be found at the end of PAGE 10 1 1 1 COUNCIL MEETING JUNE 28, 1993 these minutes. Consideration of Supporting Anoka County Regarding I35W and County Road 14 (Main Street) Interchange - Mr. Schneider explained that the City has received a letter from Anoka County requesting that Lino Lakes support the construction of an interchange as outlined above. A draft letter of support has been prepared for City Council approval. Council Member Neal moved to authorize the Mayor and City Clerk to send the proposed letter of support. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Neal asked if the interchange was approved, how many years would it be before construction actually occurs. Mr. Schneider explained that the interchange has been shown on the Anoka County Roadway Plan for just after 1995. It should be completed by the turn of the century. Consideration of Adopting Criteria for MUSA Adjustments, Resolution No. 31 - 93 - Mr. Brixius explained that a recent proposal for a subdivision in an area outside of the MUSA boundary has prompted staff to consider preparing criteria for expansion or trade of MUSA. The purpose of preparing the criteria is to provide for staged orderly growth throughout the City. Established criteria would allow staff to provide immediate information to a developer so that he can make a decision regarding continuing with the platting process. Mayor Reinert said he was happy to see this put in place and pointed out several paragraphs of the resolution that he felt important to this City. Council Member Elliott moved to adopt Resolution No. 31 - 93 Adopting Criteria for MUSA Expansion/Trade Evaluation. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 31 - 93 can be found at the end of these minutes. PUBLIC WORKS DEPARTMENT REPORT Consideration of Awarding Bid for Dump Box and Snow Plow Equipment for Previously Purchased Cab and Chassis - Mr. Volk explained that the replacement of a dump/snow plow truck was budgeted for 1993. This purchase takes place in two (2) steps. First the cab and chassis is bid. The bid was taken and the City Council awarded the bid March 22, 1993. The cab and chassis have been received. The second bid is for the dump box, snow plow equipment and PAGE 11 2 22.6 COUNCIL MEETING JUNE 28, 1993 installation on the cab and chassis. Three (3) bids were received for this equipment. All bids meet specifications and are within the budgeted amount. Mr. Volk recommended that the City Council award the bid to the low bidder, J -Craft, Inc, for $23,482.23. Council Member Elliott moved to award the bid to J -Craft, Inc., for $23,482.23. Council Member Neal seconded the motion. Council Member Neal pointed out that low bid is not always the best bid and noted an instance when the work was not very good. Mr. Volk explained that all three (3) bidders are reputable companies and have been in business for some time. Mayor Reinert explained that the City Council has deviated from awarding to low bidder at times because it was felt that the low bidder was not responsible. Mr. Hawkins noted that the advertisements always say that bids will be awarded to the lowest responsible bidder. This means that low bid may not always receive the award. Voting on the motion, motion carried unanimously. FIRST READING, Ordinance No. 93 - 09 Amending the Lino Lakes City Code by Adding Section 904, Declaring Weeds and Grass Over One (1) Foot in Height and Weeds Which Have Gone To Seed or Growing In the City of Lino Lakes To Be A Nuisance, and Providing a Method For the Removal Thereof Mr. Schumacher explained that he asked the Parks Director, Marty Asleson to draft an ordinance that outlines a procedure for removing unsightly grass/weeds from a residential lot. As the City becomes more urban, more calls are being received complaining about the condition of neighboring lots. Council Member Neal asked what would happen if a resident vacates his property without a forwarding address. Mr. Schumacher explained the City has a schedule of rates for each piece of equipment. The lot would be mowed by City equipment and the cost assessed to the property. Mr. Hawkins said he felt that the proposed ordinance was not specific in that agricultural lands are not exempted. In addition some residents may want to have natural or prairie grass lawns. This is not addressed. He suggested that the ordinance be restricted to residentially zoned areas. A gentleman in the audience noted that he has a two and one half (2 1/2) acre lot and asked if this proposed ordinance would require that he mow his entire lot. PAGE 12 1 1 1 1 1 1 COUNCIL MEETING JUNE 28, 1993 After further discussion the proposed ordinance was referred to staff for further clarification. CONSIDERATION OF POSITION ON POLICE COMMON GROUND PROPOSAL, RESOLUTION NO. 30 - 93 Mr. Schumacher gave a brief background on this matter. He explained that all four (4) communities looked particularly at the economic benefits and service level increase that a common police department could provide the Quad Area. Policing options such as Anoka County and Ramsey County Sheriff's protection and other community police departments were considered. Options were developed for the Quad Area and comparisons were made to present services. There appeared to be no strong financial gain by any community involved and no strong issue for a joint law enforcement agency. Mayor Reinert noted that the Centennial Fire District is a great success story, however a joint police agency is a costly item and one (1) that is "closer" to the public. The communities involved did not want to lose the visibility of their own police department and the bottom line seems to be that since there is no appreciable cost savings or increase in quality of service, a joint police agency is not an option for the immediate future. Mayor Reinert also noted that the Cities of Lexington and Circle Pines are almost fully developed and Centerville has the potential for limited growth. Since the City of Lino Lakes will see "healthy" growth, this translates into Lino Lakes absorbing a major share of the costs. Mayor Reinert also noted that since the City was very interested in getting more sophisticated service and had good intentions of working with the other communities, the City held off replacing the former Chief of Police until the conclusion to the joint police agency study. Council Member Neal moved to adopt Resolution No. 30 - 93 Acknowledging the Non -Feasibility of a Joint Law Enforcement Agreement Between the Cities of Lino Lakes, Circle Pines, Lexington and Centerville. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 30 - 93 can be found at the end of these minutes. CONSIDERATION OF AUTHORIZING THE ADMINISTRATOR TO ENTER INTO A CONTRACT FOR POLICE CHIEF SEARCH PROCESS Mr. Schumacher explained that since it has been determined that a joint law enforcement agency is no longer feasible, requests for proposals to fill the Lino Lakes Chief of Police position have been requested. Two (2) proposals have been received. The first PAGE 13 2?i 228 COUNCIL MEETING JUNE 28, 1993 from Brimeyer Group and the second from Public Management Consultants. The Ways and Means Committee met prior to the Council meeting to prepare a recommendation to the City Council on this matter. Council Member Elliott explained that they had looked at the good points of each of the two (2) proposals submitted and are recommending that Public Management Consultants be hired by the City Council. She noted that this company will look within the rank and file as well as through out the country for a candidate. Physiological testing is included in their fee. Council Member Elliott moved to approve Public Management Consultants as the firm to search for the next Lino Lakes Chief of Police. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Neal asked how soon the new Police Chief would be on the job. Mr. Schumacher said about six (6) to eight (8) weeks. CONSIDERATION OF BUILDING INSPECTIONS DEPARTMENT STAFFING NEEDS Mr. Schumacher explained that the current rate of 400 plus new home building permits per year has stretched the current building inspections department of one and one half (1 1/2) employees to its limit. He recommended that the current part-time employee, Tom Jackson be hired on a full time basis. Mayor Reinert noted that the need for additional inspections is critical. He also explained that the revenues from building permits have increased so as to cover the additional salary for the full-time position. Council Member Neal wondered if the addition of Mr. Jackson as a full-time employee was enough. He noted the problems concerning the altering of grades in the new subdivisions which have caused some flooding problems. Council Member Neal moved to hire Mr. Jackson on a full-time basis effective July 1, 1993 with a review of his status after the six (6) month probationary period. Council Member Elliott seconded the motion. Mr. Schumacher noted that Mr. Jackson is in the process of gaining his certification by going to school in the evenings. Voting on the motion, motion carried unanimously. CONSIDERATION OF FILLING VACANCY ON ECONOMIC DEVELOPMENT PAGE 14 1 1 1 COUNCIL MEETING JUNE 28, 1993 AUTHORITY ADVISORY BOARD Mr. Schumacher explained that Mr. Uhde has resigned from the EDAAB and the EDAAB has requested input with regard to the appointment of a new member. EDAAB Chairman, Brian Wessel has submitted a memorandum recommending, on the behalf of the EDAAB members, the appointment of Fred Chase. Council Member Neal moved to accept the recommendation of the EDAAB and appoint Mr. Chase to that board. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR ASSESSMENT SERVICES A five (5) year Joint Powers Agreement with Anoka County for Assessing Services was presented to the City Council. The rate for each year would be adjusted according to the cost of living and merit as established by the Anoka County Commissioners. The City and/or the County have the ability to terminate the agreement on or before December 31 of the year prior to the year when termination shall be effective. Mayor Reinert noted that the City does not have supervisory ability with this contract, however, it appears that the evaluations are made impartially and on the same basis as the entire County. Council Member Elliott moved to approve the Joint Powers Agreement Assessing Services with Anoka County. Council Member Neal seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT Consideration of Offer From TKDA in the Settlement of Reshanau Lake Trunk Sewer Project - Mr. Hawkins explained that the City has received correspondence from TKDA regarding the installation of fill for proposed housing pads in the PineRidge Addition as a part of the Reshanau Lake Trunk Project and another much smaller assessment matter. The City felt based on the developer's allegations that Arcon Construction was authorized to perform compaction tests in the fill areas and the costs should be paid to Arcon Construction. TKDA has offered to pay $14,332.08 of the costs and this does fall within the budgeted amount for the project. The balance of the costs probably cannot be recovered elsewhere. Mr. Hawkins noted that TKDA has been extremely fair in this matter. Council Member Elliott moved to accept the offer from TKDA to pay PAGE 15 229 230 COUNCIL MEETING JUNE 28, 1993 the City the proposed total amount of $14, 332.08. Council Member Neal seconded the motion. Motion carried unanimously. Star of the North Games - Council Member Neal explained that a roller blading event was held last weekend on Birch Street starting at the Rice Lake Elementary School. This event was part of the Star of the North Games. School Superintendent John McClellan was suppose to keep the City informed about the event. Originally three (3) uniformed police officers were requested for patrol. The participants originally were to skate along the lanes of traffic. However, someone changed the entire program and the skaters used the entire road. Council Member Neal further explained that traffic was interrupted and skaters were out of control and shouting at vehicle traffic. Mayor Reinert asked that a letter be written to Mr. McClellan expressing the City Council's unhappiness regarding this event. Mr. Volk asked that a copy be sent to the Anoka County Highway Department indicating that this City does not condone what happened at this event. OLD BUSINESS Consideration of Internal Revenue Service Mileage Update - Mr. Schumacher gave the City Council a copy of the 1993 IRS standard mileage rate for reimbursable mileage. He noted that the rate is currently 28 cents per mile whereas the City has been paying 22 cents per mile. This should be considered a housekeeping item. Council Member Neal moved to adopt the IRS rate, changing the reimbursable rate for mileage from 22 cents per mile to 28 cents per mile. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Elliott moved to adjourn the meeting at 8:47 P.M. Council Member Neal seconded the motion. Aye. These minutes were considered, corrected and adopted at a regular meeting of the Lino Lakes City Council on July 26, 1993. Ma ilykil G. Anderson, Vernon F. Reinert, Mayor Clerk -Treasurer PAGE 16 1 1 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. SU 27 - 93 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT - COUNTRY LAKES ESTATES. BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A certain petition requesting the improvement of Country Lakes Estates, filed with the Council on June 28, 1993, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City Charter. 2. The petition is hereby referred to TKDA, and they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Lino Lakes City Council this 28th day of June, 1993. Vernon F. Reinert, Mayor Marilyn G. nderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Reinert. The following voted against same: None, Council Member Kuether and Bergeson were absent. Whereupon said resolution was declared duly passed and adopted. 232 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. W 28 - 93 RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS, APOLLO DRIVE, PHASE 2 WHEREAS: pursuant to resolutions passed by the Council on April 13, 1992, and April 12, 1993, the City Engineer has prepared plans and specifications for the Apollo Drive, Phase 2 improvements, and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for two days, shall specify the work to be done, shall state that bids will be opened and bids will be received by the City Clerk until 10:00 AM on Friday, July 23, 1993, at which time they will be publicly opened in the Council chambers of the City Hall by the City Clerk and Engineer, will be tabulated and will be considered by the Council at 6:30 PM on Monday, July 26, 1993 in the Council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid, 1 1 233 Resolution No. TX 28 - 93 Page 2 Adopted by the Lino Lakes City Council this 28th day of June, 1993. Vernon F. Reinert, Mayor Marilyn G.(Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Reinert. The following voted against same: None, Council Members Kuether and Bergeson were absent. Whereupon said resolution was declared duly passed and adopted. 234 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. S$X 29 - 93 RESOLUTION RECEIVING REPORT AND -CALLING A HEARING ON THE IMPROVEMENT OF COUNTRY LAKES ESTATES WHEREAS, pursuant to a resolution of the Council adopted on June 28, 1993, with reference to the improvement of Country Lakes Estates, and this report received by the Council on June 28, 1993. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of the subdivision in accordance with the report and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the improvement of $ 761, 356.00 . 2. A public hearing shall be held on such proposed improvement on the 9th day of August, 1993 in the Council chambers of the City Hall at 6:50 PM and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Lino Lakes City Council this 28th day of June, 1993. �1f Vernon F. Reinert, Mayor (t)4,,L 1.. Marilyn G`. -Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Reinert. The following voted against same: None, Council Members Bergeson and Kuether were absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 30-93 RESOLUTION ACKNOWLEDGING THE NON -FEASIBILITY OF A JOINT LAW ENFORCEMENT AGREEMENT BETWEEN THE CITIES OF LINO LAKES, CIRCLE PINES, LEXINGTON, AND CENTERVILLE BE IT RESOLVED BY THE CITY OF LINO LAKES, MINNESOTA: WHEREAS, The above referenced cities engaged in a fact finding study to determine the feasibility of a joint law enforcement agreement, and WHEREAS, A number of law enforcement options were studied ranging from Ramsey and Anoka County proposals, to a combination of existing police services provided by the participating communities, and WHEREAS, The options for police services were compared to other metropolitan communities of similar size and needs: NOW THEREFORE BE IT RESOLVED THAT: Upon complete review of the information provided to the Common Ground Committee, the Lino Lakes City Council goes on record of not supporting a joint law enforcement agency. Justification for this action is based upon the lack of significant cost savings, as well as the inability to provide a multi -service level of law enforcement protection for all four communities involved. Adopted by the Lino Lakes City Council this 28th Day of June, 1993. )1 A („,41,4, G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in 235 - 236 Resolution 30-93 Page -2- favor thereof: Elliott, Neal, Reinert. The following voted against same: None, Bergeson and Kuether were absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 31-93 RESOLUTION ADOPTING CRITERIA FOR MUSA EXPANSION/TRADE EVALUATION WHEREAS, the City of Lino Lakes believes criteria needs to be established for considering any expansion/trade of MUSA area within the City of Lino Lakes, and WHEREAS, the following criteria has been established and will henceforth be used in review of any MUSA expansion/trade proposal presented to the City of Lino Lakes: 1. The property is contiguous to the MUSA and provides a logical extension of utilities in an orderly growth pattern. 2. Utility improvements respond to environmental, health safety, and general welfare concerns. 3. The land is not green acres. 4. The potential sewer discharge of the project is within limitations assigned to the City of Lino Lakes by regional agencies. 5. The developer/benefitting property owners assume the significant majority of improvement/service costs, and agree to pay assessments associated with extending service to serve their property. 6. The proposed MUSA expansion or trade is consistent with the City's infill policy which encourages urban development to locate wherever possible in areas where public investments have already been provided. 7. In considering land trades, the City should not exchange developable commercial or industrial zoned land for a proposed residential development unless fiscal impact concerns are fully addressed. 8. The developer acknowledges and holds all governmental units harmless should limitations on sewer hookups be imposed. 9. The proposal does not qualify as a premature development or subdivision based on the following: 237 238 a. Lack of adequate storm water drainage capacity. b. Lack of adequate or safe water supply. c. Lack of adequate roads or highways to serve the subdivision or development. d. Lack of adequate or safe sewage disposal. e. Inconsistent with the Comprehensive Plan. f. Lack of adequate public support facilities (I.e. schools, parks and recreation, fire and police, etc.). g. Inconsistent with environmental protection policies. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Lino Lakes that the above described criteria is hereby adopted to be used in the evaluation of any and all proposed MUSA Land Expansions/Trades within the City of Lino Lakes. Adopted by the City Council of Lino Lake. 28th day of June, 1994. Vernon F. Reinert, Mayor ATTEST: arilyr G. Anderson, City Clerk The motion for the adoption of the foregoing resolntion was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Reinert. The following voted against same: None, Council Members Kuether ar.d Bergeson were absent. Whereupon said resolution was declared duly passed and adopted.