HomeMy WebLinkAbout01/10/1994 Council Minutes1
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COUNCIL MEETING
CITY OF LINO LAKES
COUNCIL MINUTES
JANUARY 10, 1994
DATEJanuary 10, 1994
TIME. .STARTED 6:30 P.M.
TIME :ENDED7:17 P.M.
MEMBERS PRESENT. Reinert,.Kuether, Elliott, Bergeson
MEMBERS ABSENT Neal
Staff members present: City Attorney, Bill Hawkins; City
Engineer, Darrell Schneider; Planning Coordinator, Mary Kay
Wyland; Public Works Director, Don Volk; City Administrator,
Randy Schumacher and Clerk -Treasurer Marilyn Anderson.
Mr. Hawkins performed the swearing-in ceremony for newly elected
Council Members Kuether and Bergeson and Mayor Reinert.
SETTING THE AGENDA
Mr. Schumacher asked that an item be added to New Business,
Agenda No. 8B titled, City of Hugo - Hardwood Creek Bridge.
CONSENT AGENDA
Council Member Elliott moved to approve the consent agenda as
presented. Council Member Bergeson seconded the motion. Motion
carried unanimously.
ITEM DISPOSITION
MINUTES:
Council Election Canvassing Board,
November 3, 1993
Council Work Session, November 3,
Council Work Session, December 8,
Regular Council Meeting, December
Council Work Session, December 15,
DISBURSEMENTS:
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1993
1993
13, 1993
1993
Approved
Approved
Approved
Approved
Approved
COUNCIL MEETING
JANUARY 10, 1994
December 30, 1993 Approved
January 10, 1994 Approved
Centennial Fire Department Approved
REGULAR AGENDA
OPEN MIRE
No one appeared under open mike.
PLANNING AND ZONING BOARD REPORT
Consideration of Final Plat, Wenzel Farms, Fourth Addition - The
final plat of Wenzel Farms, Fourth Addition consists of 15 town
home lots, open space, and dedicated trail. The roadway and
utilities were completed in 1993 and the final plat has been
reviewed by the City Engineering Consultant, John Powell. Mr.
Powell indicated that the lot widths have changed slightly from
the preliminary plat from 28 feet average width to 32 feet
average width. This change will not affect the utility services
as they were originally centered on the lots and the overall
building pad is the same size as originally shown.
Staff has also determined that a trail easement will be necessary
along the private roadway to link the north eastern portion of
the plat with the southerly portion. The developer has been
advised of this requirement and will be providing the trail
easement.
Financial guarantees are currently in place along with a
Development Agreement.
Ms. Wyland asked that if the City Council approves the final
plat, the motion should include the following stipulations:
1. Title work be reviewed and approved by the City Attorney.
2. A trail easement be provided along the roadway linking the
Fourth Addition with future additions to the south.
There was no further discussion on this matter. Council Member
Kuether moved to approve the final plat of Wenzel Farms, Fourth
Addition including the above two (2) stipulations. Council
Member Elliott seconded the motion. Motion carried unanimously.
CONSIDERATION OF RESOLUTION NO. 94 - 01 ACCEPTING DONATION FROM
THE CENTENNIAL FIRE RELIEF ASSOCIATION FOR IMPLEMENTATION OF THE
MCGRUFF TRUCK CHILD SAFETY PROGRAM
Mr. Volk explained that the well known McGruff House program was
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COUNCIL MEETING JANUARY 10, 1994
instituted in this City during 1992. Currently there are
approximately 13 McGruff Houses in Lino Lakes. The McGruff Truck
Child Safety Program is an extension of the McGruff House
Program. This Program has been discussed by the Lino Lakes
Safety Committee and was endorsed by that Committee.
The McGruff Truck Program will be under the direction of the
Community Service Office (CSO), Jeannie Kenow, as is the McGruff
House Program. Certain City trucks will be designated as part of
the program and the persons normally driving these vehicles will
be given instruction on how to react to certain situations. The
trucks involved in the program will have decals so that children
can easily identify them.
Once both programs are firmly established, CSO Kennow will visit
the two (2) elementary schools in Lino Lakes to give programs and
provide written material for the parents and children. In
addition there will be newspaper coverage of both programs. The
children will be give special training so that they will know
they can go to a McGruff truck for help.
The donation from the Centennial Fire Relief Association insures
that the McGruff Truck Child Safety Program will be established
as planned.
Council Member Kuether asked if there will be additional
liability involved for the City. Mr. Hawkins explained that in
the remote possibility that a truck driver would run over a
child, the liability insurance would cover the costs. However,
there is no great liability and the benefit of the program would
greatly out weigh the liability. Mr. Hawkins explained that the
City has full liability coverage.
Mayor Reinert asked if all City trucks would be involved in the
program. Mr. Volk said all vehicles except the dump trucks. Mr.
Volk noted that it will be important that parents understand the
program and instruct their children. He also noted that many
utility companies are subscribing to this program and NSP was one
of the first to do so.
Council Member Bergeson asked if any city uses squad cars in this
program. Mr. Volk said no, children are already trained to
recognize squad cars and know that they can go to them for help.
Council Member Kuether moved to adopt Resolution No. 94 - 01
insuring that the McGruff Truck Child Safety Program will be put
in place. Council Member Elliott seconded the motion. Motion
carried unanimously.
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COUNCIL MEETING JANUARY 10, 1994
CONSIDERATION OF AUTHORIZING PLANS AND SPECIFICATIONS FOR THE
IMPROVEMENT OF THE FORJAY PARK BUILDING
The City Administrator directed Mr. Volk to prepare plans and
specifications to remodel and complete the existing building at
the Shores of Marshan Park. The remodeling will include all the
necessary items to make the interior of the building office space
for the Park, Recreation, Forestry and Solid Waste Departments.
Included in the plans is the construction of a driveway access
and parking lot.
The City Council was given a copy of the plans and specifications
in their Council packets. Mr. Volk noted a change on the plans;
the area marked conference room will be redesignated as the
office for the Solid Waste Coordinator.
Council Member Elliott noted that she had met with several Park
Board members on January 2nd at the Forjay building and explained
the proposed remodeling and why some of the funding was being
requested from the Dedicated Parks Fund. She noted that she has
not yet met with the entire Park Board. Council Member Elliott
noted that the persons she met with appeared encouraged about the
improvement.
Council Member Kuether asked if the proposed funding included the
costs of furniture and telephone hookup. Mr. Schumacher
explained that the funding is proposed to come from the General
Fund ($42,500.00), the Dedicated Parks Fund, ($12,500.00) and the
Solid Waste Department ($8,500.00). Furniture and the telephone
hookup have been included in the costs. Mayor Reinert asked Mr.
Volk to provide a time table for completion of the improvement.
Mr. Volk said the entire project would take a month and one half
to two months.
Mayor Reinert noted that the Park Board had not met to formally
act to release the Dedicated Park Funds for this project.
Council Member Elliott noted that she did plan to take the matter
back to the Park Board and further explain the improvement. She
felt action could be delayed for two weeks until the Park Board
could formally act on the matter.
Council Member Elliott moved to delay action on this matter until
January 24, 1994. Council Member Bergeson seconded the motion.
Motion carried unanimously.
PUBLIC HEARING TO TAKE PUBLIC INPUT REGARDING THE DESIGNATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 1994/1995
Mayor Reinert opened the public hearing at 6:52 P.M.
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Mr. Schumacher explained that this matter is not ready for the
public hearing and requested that the City Council continue the
public hearing to January 24, 1994, 6:45 P.M. Council Member
Kuether moved to continue the public hearing as requested by Mr.
Schumacher. Council Member Elliott seconded the motion. Motion
carried unanimously.
CONSIDERATION OF EMPLOYMENT AGREEMENT WITH BRIAN WESSEL AS
COMMUNITY DEVELOPMENT DIRECTOR
Mr. Wessel has acted in the capacity as Chairman of the Economic
Development Authority Advisory Board for approximately one and
one half years and as part-time Economic Development
Representative for approximately one year. During the last set
of budget sessions, the City Council determined that economic
development should be a priority, and therefore approved the
change in this position from part-time to full-time status.
Mr. Schumacher referred to the proposed employment contract with
Mr. Wessel and explaining that it outlined benefits and job
responsibility. The contract is proposed to be a three year
contract that can be terminated with a 60 day written notice.
Approval of the employment contract would also change Mr.
Wessel's title to Community Development Director.
Council Member Bergeson moved to approve the employment contract
with Brian Wessel as Community Development Director. Council
Member Kuether seconded the motion. Motion carried unanimously.
ATTORNEY'S REPORT
Consideration of Accepting a Permanent Easement and Controlled
Access Easement, Lake Drive (County Road #23)/Highway 49
Improvement Project. Mr. Hawkins explained that an appraisal has
been obtained of all parcels needed as easements for the above
described improvement project. He has met with Darwin E.
Fletcher and Janet L. Clingingsmith and they have agreed to deed
two easements to the City for the price as determined by the
appraiser, $5445.00. Both Ms. Clingingsmith and Mr. Fletcher
have signed the document and the approval of the City Council is
needed so that the document can be filed at Anoka County.
Mr. Hawkins noted that other easements are needed from Mr. George
Reiling and from Northern Instruments. Mr. Schumacher explained
that he will be meeting with Opus on Friday regarding the
exchange of easements with Mr. Reiling.
Council Member Elliott moved to accept the easements from Mr.
Fletcher and Ms. Clingingsmith. Council Member Bergeson seconded
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COUNCIL MEETING
the motion. Motion carried unanimously.
OLD BUSINESS
JANUARY 10, 1994
Consideration of Election Recount Policy - Ms. Anderson explained
that she introduced a draft policy to the City Council on
December 13, 1993 and asked that the City Council review the
policy and give her comments, corrections or additions. The
purpose of the policy is to state who is to be present at the
recount event, what expenses would be billed to the person
requesting the recount and to determine the order of the recount
event itself.
No comments have been received from the City Council and Ms.
Anderson asked the City Council to consider action on the draft
policy this evening. Council Member Bergeson noted that Ms.
Anderson had included a copy of the state statutes outlining what
must be done and felt that adopting another policy was not
necessary. Council Member Kuether explained that she was not
opposed to the policy itself, but noted that the City Council is
constantly enacting ordinances or policies and there appears to
be no basis for another new policy since this was the first
election recount in 18 years. Council Member Elliott said she
felt that if the City Clerk was comfortable with the policy, the
City Council should consider it.
Council Member Elliott moved to adopt the Election Recount Policy
as presented by the City Clerk. Mayor Reinert seconded the
motion. Voting on the motion, Council Member Elliott, aye; Mayor
Reinert, aye; Council Member Kuether, no; Council Member
Bergeson, no. Mayor Reinert announced that a tie vote defeated
the Election Recount Policy.
Hardwood Creek Bridge - Mr. Schumacher explained that the City of
Hugo has informed Lino Lakes that the 24th Street bridge over
Hardwood Creek has reached the top of the priority list and has
been approved for state funding in 1994. Lino Lakes would be
required to pay 25% of the cost, the City of Hugo would be
required to pay 25% of the cost and the state will pay 50% of the
cost.
This bridge was tested some time ago and temporary repairs were
completed at that time. Cost figures for replacement of the
bridge have been received are being examined by the City
Engineer. The next step would be to enter into a joint powers
agreement with the City of Hugo. The total cost to the City of
Lino Lakes may be as much as $40,000.00 and this amount can be
taken from the closed bond fund. Mr. Schumacher explained that
the cost of the replacement of the bridge will continue to
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escalate and if the project is delayed there is no certainty that
the state will fund their portion.
Council Member Elliott noted that the City has made a commitment
to work with adjoining municipalities for the good of the
citizens and felt approval of the project would be a gesture of
good faith. Council Member Bergeson noted the length of time it
took to get the state to help fund the Lake Drive (County Road
#23)/Highway 49 intersection improvement and suggested that
another chance to get state participation in this project would
be very far in the future.
Mr. Schneider explained that the City will be required to enter
into a joint powers agreement with the City of Hugo. He
suggested that Lino Lakes begin negotiation proceedings and bring
the joint powers agreement back to the City Council for their
consideration. Council Member Bergeson noted that Mr. Schneider
was not asking for approval of a project this evening, just a
consensus from the City Council. Mr. Schneider explained that if
the City Council has a problem with this project, they should let
him know at this time. He also noted that if there is a problem
with the joint powers agreement, the problem can be discussed at
the time the joint powers agreement is brought to the City
Council for consideration.
No action was needed on this matter. Mr. Schneider will proceed
negotiating a joint powers agreement with the City of Hugo.
NEW BUSINESS
Consideration of Minutes, Truth in Taxation Public Hearing,
December 1, 1993 - Council Member Elliott moved to approve the
minutes as presented. Council Member Bergeson seconded the
motion. Motion carried with Council Member Kuether abstaining.
Consideration of Minutes, Regular Council Meeting, December 20,
1993 - Council Member Elliott moved to approve the minutes as
presented. Council Member Bergeson seconded the motion. Motion
carried with Council Member Kuether abstaining.
Consideration of An Application for Renewal of Gambling License,
Circle Lex VFW Post #6583 - The City Clerk explained that
gambling licenses must be renewed bi-annually with the State of
Minnesota. Although the Lino Lakes Gambling Ordinance does not
specifically address the license period, the Ordinance does adopt
State Statute 349 which regulates the State license period.
Therefore, the Lino Lakes license period coincides with the State
license period.
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COUNCIL MEETING JANUARY 10, 1994
The gambling license for the Circle Lex VFW Post #6583 expires on
March 31, 1994. They have applied for renewal of their license
and if approved by the State and if the City Council approves the
renewal application this evening, the renewal of the license will
be effective April 1, 1994.
Filing of the proper forms has not been made with the City Clerk -
Treasurer on a timely basis. Recently, Mr. Bill Bohjanen was
hired as the gambling manager and he has brought all of the
filings to a current status. The VFW Post #6583 has complied
with the Gambling Ordinance in regard to contributing not less
than 10% of their profits to benefit the residents of Lino Lakes.
Some of the donations include: City of Lino Lakes, $300.00 for
Earth Day Celebration; $1,812.00 for Hepatitis B injections for
the Police Officers; $8,000.00 for the mobile computer equipment;
a guard dog for the Lino Lakes Correctional Facility, Centennial
Senior Class Party, Scholarships, Boy Scout Troop #65 and Anoka
County Veterans.
For many years the City has received $300.00 per month from the
Circle Lex VFW Post #6583 to be used for park purposes. This
donation stopped about a year ago. Mr. Bohjanen explained that
he will be discussing this matter with the VFW Post #6583 and
will keep the City staff updated regarding whether or not this
donation will be reinstated.
The City Clerk explained that the VFW Post #6583 has hired an
experienced gambling manager who in the past forwarded reports to
the City in a timely manner and is familiar with the gambling
regulations. Since there is no reason to believe that any
misconduct has occurred, it would seem unwise to eliminate this
source of revenue for the City and for many residents
experiencing troubled periods in their lives. The City Clerk
recommended that the gambling license be renewed for another two
years.
Council Member Kuether moved to approve the renewal of the Circle
Lex VFW Post #6583 gambling license for two years. Council
Member Elliott seconded the motion. Motion carried unanimously.
State of the City Address - Mayor Reinert noted that the City
Charter requires that the Mayor present a state of the City
address each year. He explained that this address will be
presented at the first Council meeting in February (February 14,
1994).
Council Member Elliott moved to adjourn at 7:17 P.M. Council
Member Bergeson seconded the motion. Aye.
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These minutes were considered, corrected and approved at a
regular Council meeting held on January 24, 1994.
Marilyn G. Anderson, Vernon F. Reinert,
Clerk -Treasurer Mayor
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Council Member Kuether introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 94 — 01
RESOLUTION ACCEPTING DONATION FROM THE CENTENNIAL FIRE RELIEF
ASSOCIATION FOR THE IMPLEMENTATION OF THE MC GRUFF TRUCK CHILD
SAFETY PROGRAM
WHEREAS, efforts are being expanded to make neighborhoods in the
City of Lino Lakes safer for children by implementing the
McGruff Truck Child Safety Program, and
WHEREAS, the McGruff Truck Child Safety Program is a network of
municipal truck drivers who are trained to respond to
emergency situations by using their two-way communication
radios; and
WHEREAS, the McGruff Truck Child Safety Program is an extension of
the McGruff House program through which children are
taught to recognize qualified vehicles displaying a
McGruff decal as a place to turn for help, and
WHEREAS, the funding for the implementation of the McGruff Truck
Child Safety Program consists of a $50.00 application
fee, a $450.00 registration fee and $67.50 for decals for
a total of $567.50, and
WHEREAS, the Centennial Fire Relief Association has donated a sum
of $567.50 to the City of Lino Lakes to be used for the
implementation of the McGruff Truck Child Safety Program,
NOW THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby
accepts the donation of $567.50 for the cost of implementing the
McGruff Truck Child Safety Program and wishes to express its
gratitude to the Centennial Fire Relief Association for its
donation.
Adopted by the Lino Lakes City Council this 10th day of January,
1994.
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
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RESOLUTION NO. 94 — 01
thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether,
Reinert.
The following voted against same: none, Council Member Neal was absent.
Whereupon said resolution was declared duly passed and adopted.