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HomeMy WebLinkAbout11/08/1993 Council MinutesCOUNCIL MINUTES NOVEMBER 8, 1993 CITY OF LINO LAKES COUNCIL MINUTES DATE. November 8,; 1993 TIME STARTED 6:37 PM. TIME ENDED :.7..45 PM. MEMBERS PRESENT: Reinert, Neral, Ruether, Elliott,IBergeson MEMBERS ABSENT None Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Building Official, Pete Kluegel; Economic Development Authority Advisory Board (EDAAB) Chairman, Brian Wessel; Public Works Director, Don Volk; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. AMENDING THE AGENDA Council Member Kuether asked that the Disbursements of October 29, 1993 and November 8, 1993 be taken off the consent agenda and moved to the regular agenda under old business. Council Member Elliott asked that an item, Elections be added to the regular agenda under new business. Council Member Kuether moved to approve the consent agenda as amended. Council Member Neal seconded the motion. Motion carried unanimously. ITEM MINUTES: Council Work Session, October 6, 1993 Council Work Session, October 20, 1993 DISBURSEMENTS: DISPOSITION Approved Approved Centennial Fire Department Approved PAGE 1 1 1 1 COUNCIL MINUTES NOVEMBER 8, 1993 REGULAR AGENDA OPEN MIKE Forest Lake Youth Service Bureau Presentation - Mr. Steve O'Nell, Director of the FLYSB appeared before the City Council to present a report of the past years activities and to request that the FLYSB be included in the Lino Lakes 1994 General Fund Budget for $2,000.00. Several handouts were given to the City Council. Mr. O'Nell explained the purpose of the Bureau and noted that in 1989 the FLYSB served 149 hours to Lino Lakes residents and during the first nine (9) months of 1993, the Bureau served over 600 hours to Lino Lakes residents. The service is not based on ability to pay and is not a Rule 29 clinic and cannot accept insurance or welfare payments. The FLYSB depends on the generosity of the communities it serves and some Community Development Block Grant funds. Mr. O'Nell asked the City Council to help provide the needed services. Mr. Jon Alvin and Ms. Barbara Swanson were introduced. Mr. Alvin explained that he helps elementary students produce a newspaper titled, "Kids Print". This is a monthly paper, written and prepared by the students. The newspaper is very popular. Mr. Alvin noted that approximately $19,400.00 was received from Anoka County in 1993. The services for Anoka County residents have exceeded this amount by about $26,000.00. This means that services to Anoka County residents have been subsidized by the FLYSB. Mayor Reinert thank Mr. O'Nell, Mr. Alvin and Ms. Swanson for coming this evening. He noted that the 1994 Budget has not been completed and the request from the FLYSB will be considered during the budget work sessions. PRESENTATION OF THE THIRD QUARTER, 1993 BUILDING REPORT Mr. Kluegel presented the third quarter building report. He said he anticipates that building will exceed any previous year and over 400 new homes will be constructed in Lino Lakes. In addition, construction valuation is ahead of 1993. Several non- residential construction projects are under way and the Wenzel Farms Townhomes are attracting a large number of buyers. Mayor Reinert thanked Mr. Kluegel for his report and requested that future reports list the valuation of residential and commercial/industrial properties separately. PAGE 2 271 27 COUNCIL MINUTES PUBLIC WORKS DEPARTMENT REPORT NOVEMBER 8, 1993 Consideration of Speed Study on County Road J - Mr. Volk explained that the City of Circle Pines has requested that Lino Lakes participate in requesting a speed study for County Road J from Baldwin Lake Road to Lexington Avenue. The area is presently posted at 50 MPH. It is assumed that the City of Circle Pines would like to see the speed limit lowered. Mr. Volk expressed concern in participating in the study. He explained that MnDOT may take the opportunity to study the entire upgraded County Road J from Lexington Avenue east to Highway #49. If this happens, the 35 MPH speed limit on the eastern portion of County Road J is at risk of being increased to either 40 MPH or even 45 MPH. Council Member Kuether asked if Lino Lakes does not participate in the speed study, is there any guarantee that the eastern portion will not be studied by MnDOT. Mr. Volk said no. Council Member Elliott moved to inform the City of Circle Pines that the City of Lino Lakes has no interest in requesting a speed study on County Road J and explain that this City does not want to jeopardize the safe speed limit on the eastern portion of that roadway. Council Member Kuether seconded the motion. Motion carried unanimously. Mr. Volk will keep the City Council updated on this matter. CITY ENGINEER'S REPORT Review Bids for the Soukup Sanitary Sewer Extension - Mr. Schneider explained that Mr. and Mrs. Leonard Soukup own property at 6352 Ware Road. Due to a drainage problem with the septic system, the Soukups have requested that sanitary sewer service be extended to their property by the City. Currently, the sewer on Ware Road terminates about 110 feet south of their property. To estimate the lateral assessment rate required to pay the sewer installation, a proposal for the work was requested from several contractors. Based on the proposals received, an estimated sanitary sewer lateral assessment was submitted to the Soukups for their review. The Soukups have indicated that they are willing to pay the proposed assessments and would like the City sewer to be installed as soon as possible. The low bid for the project was submitted by C.W. Houle, Inc. in the amount of $19,212.50. Engineering costs are estimated not to exceed $1,400.00. Therefore, the total construction cost is estimated not to exceed $20,612.50. As shown on the attached sketch and summary, the sanitary sewer assessments ultimately PAGE 3 1 1 1 1 COUNCIL MINUTES NOVEMBER 8, 1993 generated by this extension are adequate to cover the construction costs. The only sanitary sewer assessments received immediately will be from the Soukups property totalling $13,338.69. To complete the project, the balance of the construction cost can be financed on an interim basis out of the Area and Unit Charge Fund. Future sanitary sewer assessments collected will then be credited to the Area and Unit Charge Fund. Mr. Schneider recommended that the work be awarded to C. W. Houle, Inc. in the amount of $19,212.50 and that the contractor be directed to begin the installation as soon as possible. Council Member Neal asked if the Soukup septic system has failed and if it has been repaired. Mr. Schneider said the system has not been repaired, the Soukups have been working on getting sanitary sewer service. A mound system would be required and it would cost approximately $10,000.00. Council Member Bergeson asked Mr. Schneider if he has talked to any of the Soukup neighbors to the north to see if they are interested in connecting. Mr. Schneider explained that one (1) neighbor has already connected to the service along Hawthorn Road and the other neighbor is not interested in connecting at this time. Council Member Kuether moved to accept the bid as recommended by the City Engineer in the amount of $19,212.50 and the engineering costs not to exceed $1,400.00. Council Member Elliott seconded the motion. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING, CONSIDERATION OF PROPOSED IMPROVEMENTS, LAKE DRIVE (COUNTY ROAD #23) AND HIGHWAY #49 INTERSECTION Mayor Reinert opened the public hearing at 7:08 P.M. Mr. Schneider explained that at the October 25, 1993 City Council meeting, this public hearing was opened and continued until this time to allow time to give Mr. Reiling further information on the improvement. Due to scheduling difficulties, Mr. Reiling and Mr. Schumacher have been unable to meet but have scheduled a meeting for later this week. A meeting was held with the developer. Mr. Schneider requested that the public hearing be continued for another two (2) weeks to allow time to give Mr. Reiling the same information that was given to the developer. Council Member Elliott moved to continue the public hearing to November 22, 1993, 6:45 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. PAGE 4 ')7S 274 COUNCIL MINUTES NOVEMBER 8, 1993 Mr. Schneider noted that due to lateness of the year, there will be persons on the site to do wetlands delineation. This work must be completed at this time or the project will be delay further. CONSIDERATION OF THE FIRST READING, ORDINANCE NO. 93 - 19 AMENDING THE LINO LAKES CITY CHARTER Mr. Wessel explained that EDAAB has requested the adoption of an amendment to the City Charter establishing three (3) economic development districts within the City. The amendment has been revised to give special consideration for the owner/occupied residential units within these districts and was approved by the Charter Commission on October 27, 1993. The Charter Commission is now returning the amendment to the City Council for their adoption. Mr. Wessel read Subdivision 3 of the City Charter amendment which allows the owner of owner/occupied residential units to petition out of an assessment. He also noted that he was directed at the last Council work session to send letters to the affected property owners to let them know that the City Council would be taking action on this matter this evening. No responses to the letters have been received. Mayor Reinert noted that there has been discussion regarding a violation of the City Charter in regard to the Apollo Drive improvement. He explained that he does not want to see any further situations such as this and did not want to be at odds with the City Charter when improvements are approved and constructed. This amendment will give the owner/occupied parcels the right to petition out of an assessment. Mayor Reinert said he is convinced that this amendment does provide the opportunity for commercial/industrial development in the three (3) designated areas. The City legal counsel has reviewed the amendment. Mr. Ross from the audience asked if proper notice had been posted in the newspaper regarding the City Charter meeting when they voted unanimously to approve the amendment. It was explained that the notice was properly advertised. Council Member Elliott moved to adopt the FIRST READING of Ordinance No. 93 - 19. Council Member Bergeson seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT Consideration of Accepting Trail Easement over Lot 2, Block 2, Brandywood Estates, Third Addition - Mr. Hawkins explained that a PAGE 5 1 1 1 1 1 275 COUNCIL MINUTES NOVEMBER 8, 1993 trail easement document has been prepared and signed by the owner of Lot 2, Block 2, Brandywood Estates, Third Addition. Before the document can be filed at Anoka County, the City Council must formally accept the easement. Council Member Kuether moved to accept the trail easement. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF AUDIT CONTRACT - TAUTGES, REDPATH & COMPANY, LTD. Mr. Schumacher presented a letter from Tautges, Redpath & Company, LTD. outlining a proposal for auditing/accounting services for the years ending December 31, 1993, 1994 and 1995. The cost of the proposal were included in the letter. Mr. Schumacher recommended that the City Council approve at least a one (1) year contract because the City recently purchased their software which is currently being installed. Council Member Kuether noted that the increase in cost for the first year is 5% and then 3% for each of the two (2) succeeding years. She asked if the City Council approves only a one (1) year contract at the 5% increase, will this company come back next year with another three (3) year proposal with the first year indicating a 5% increase? Mr. Schumacher said that was entirely possible. Council Member Neal asked what would be necessary to request proposals from other auditing firms. Mr. Schumacher explained but noted that although there may be some cost savings by going with another firm, this City has had very good service from Tautges, Redpath and they are very familiar with the work procedures in our accounting department. It would take considerable time to get another firm familiar to our procedures. This would be costly. Council Member Elliott asked if there have been any problems with this firm. Mr. Schumacher said no. Council Member Elliott said it would not be worth quibbling over 2% to be sure that our accounting staff is properly trained in the new software and moved to approve the three (3) year contract for auditing/accounting services. Council Member Bergeson seconded the motion. Council Member Bergeson asked if during this three (3) year period the City became unhappy, is the City locked into the three (3) year contract. Mr. Schumacher said he did not know. After further discussion, the City Council voted unanimously to approve the motion. PAGE 6 276 COUNCIL MINUTES NOVEMBER 8, 1993 OLD BUSINESS Annexation Update - Mr. Schumacher explained that the Municipal Board met on November 1, 1993 and made a preliminary decision to deny the Petition for Detachment and Annexation by the City of Centerville. The decision was two (2) to zero (0) with Chairman Ferderer not present and not voting. The Board will schedule a final deliberation and Findings of Fact and an Order shortly. The Municipal Board added in their closing statements that they wished to see the City of Lino Lakes and the City of Centerville as well as the property owners in the matter meet and discuss future plans for the development of the land in question. Mr. Schumacher said he would keep the City Council informed as to when the date for the final decision is set. He also recommended that the City move forward on the recommendation of the Municipal Board and start arranging communications with the City of Centerville and the landowners. Mayor Reinert explained that the Municipal Board would like a cooperative plan for the area and noted that the City of Lino Lakes has already met with the City of Hugo in this effort. Assuming that the City of Centerville does not appeal the decision, Lino Lakes will offer cooperative efforts regarding the improvement of the intersection with the best interest of the general area in mind. Mayor Reinert explained that what is good for one (1) community is good for all communities in this area. He also said he hoped that the hard feelings would not continue. Council Member Neal proposed that this City Council appoint a liaison to the Centerville City Council and the Hugo City Council to keep communications open. Council Member Bergeson noted that if a proposal for development is presented, is sanitary sewer feasible in that area. Mr. Schneider said yes, however, he has not seen a proposal for the area. Mr. Schumacher will contact the City of Centerville and the City of Hugo to arrange a meeting in January, 1994. Disbursements: October 29, 1993 - Council Member Kuether had several questions regarding this disbursement. The first was the AmeriData Printer/Cable. Mr. Schumacher explained that the new Chief of Police is updated the computer hardware and some money was taken PAGE 7 1 1 1 1 1 277 COUNCIL MINUTES NOVEMBER 8, 1993 from Administration and allocated to the Police Department because the upgrade was badly needed. Council Member Kuether questioned the disbursement in the Recreation Department for overdraft reimbursement. Mr. Schumacher will check to see what this item is. November 8, 1993 - Council Member Kuether questioned the disbursement to the Goodwill under Solid Waste Department. Mr. Schumacher explained that Goodwill charges for coming out for the semi -annul cleanup day. Council Member Kuether questioned the Detterman Welding disbursement. Mr. Schumacher explained that is the cost of cleaning the sludge out of the bottom of the waste oil tank. This cost is recovered by selling the waste oil. Council Member Kuether questioned the disbursement to Chicago Title for an overpayment of an assessment. The Clerk explained that sometimes assessments are overpaid and rather than returning the check and requesting another check, the overpayment is refunded. Council Member Kuether questioned the disbursement to Brauer and Associates. Council Member Elliott explained that this is a consultant fee for searching the south side of the City for an athletic complex site. Council Member Kuether questioned the disbursement to Minnesota Conway for $236.00. Mr. Schumacher explained that is for inspection of the fire extinguisher. Council Member Kuether also questioned the disbursement to Lightening Printing by the Police Department. Mr. Schumacher will check to this disbursement and will give the information to the City Council. Council Member Kuether moved to approve the October 29, 1993 and November 8, 1993 disbursements. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration of Council Minutes, October 25, 1993 - Council Member Kuether moved to approve the minutes as presented. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson abstaining. Consideration of Applying for Title of Tax Forfeit Parcels - The Clerk explained that Anoka County has notified the City that three (3) parcels of land have gone tax forfeit in Lino Lakes. The County is asking for the City Council to make a determination of whether or not the City wants to apply for title to the PAGE 8 27 �.I COUNCIL MINUTES NOVEMBER 8, 1993 properties. A copy of the section map identifying each parcel was sent to the City Council with a "green sheet". The first parcel is located adjacent to the south edge of LaMotte Park. Mr. Asleson and Mr. Volk are recommending that the City Council obtain title to the property and add it to the LaMotte Park property. The second parcel is located between Shirley Kay's and the property to the south owned by Darrell Shaw, a commercial business. Mr. Volk is recommending that the City obtain title to this narrow strip of land to use for drainage purposes. The third parcel is located across the street from City Hall and in line with East Rondeau Lake Road. Mr. Volk is recommending that this parcel be obtained by the City to use as a future extension of East Rondeau Lake Road. The section maps indicate that there is an additional narrow parcel of land adjacent to this parcel. The combination of the two (2) parcels would equal one half of the required easement for a street according to City standards. A driveway is located on the narrow strip of land adjoining the parcel that is now tax forfeit. Council Member Kuether moved to obtain title to all three (3) parcels. Council Member Elliott seconded the motion. Motion carried unanimously. November 2, 1993 Municipal Election - Council Member Elliott said thank you to all of the election staff for the fine job. The Clerk said that she would pass the thank you on to all the election judges. Council Member Neal moved to adjourn at 7:45 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at the regular City Council meeting held on November 22, 1993. 40 -- Marilyn Marilyn . Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 9