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HomeMy WebLinkAbout01/10/1994 Council Minutes1 1 1 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: PAGE 1 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 PAGE 2 1 1 1 1 1 1 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. PAGE 3 4 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. PAGE 4 1 1 1 1 COUNCIL MEETING JANUARY 10, 1994 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 PAGE 5 f 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 PAGE 6 1 1 1 1 1 COUNCIL MEETING JANUARY 10, 1994 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. PAGE 7 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. PAGE 8 1 COUNCIL MEETING JANUARY 10, 1994 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 PAGE 9 10 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 1 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.