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HomeMy WebLinkAbout03/14/1994 Council Minutes (2)1 COUNCIL MEETING MARCH 14, 1994 CITY OF LINO LAKES COUNCIL MINUTES DATE March 14, 1994 TIME STARTED 6:35 P.M. TIME ENDED : 7:32 P.M. MEMBERS PRESENT: Reinert, Neal, Kuether, Elliott, Bergeson MEMBERS ABSENT None Staff members present: City Attorney, Bill Hawkins; City Engineer, Darrell Schneider; Chief of Police, David Pecchia; Fire Chief, Milo Bennett; CSO, Jeannie Kenow; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. There were no changes to the agenda. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as presented. Council Member Neal seconded the motion. Motion carried unanimously. ITEM DISPOSITION MINUTES: Council Work Session, February 9, 1994 Approved DISBURSEMENTS: February 28, 1994 Approved March 14, 1994 Approved Centennial Fire Department Approved REGULAR AGENDA OPEN MIKE Recognition of Block Captains, Neighborhood Crime Watch - This PAGE 1 115 116 COUNCIL MEETING MARCH 14, 1994 item was moved to a later time in the agenda. ENGINEER'S REPORT, DARRELL SCHNEIDER Consideration of Resolution No. 94 - 20 Ordering Feasibility Report on Hodgson Road Water Main Improvement - At the February 28, 1994 City Council meeting the City Council received a feasibility report prepared by TKDA for the Fox Trace subdivision. The feasibility report indicated a need for providing trunk watermain service to the proposed project site. The trunk watermain service can be provided through installation of a trunk watermain on Hodgson Road from Birch Street to Linda Avenue. An informational meeting will be held for this project in the near future to receive input from property owners along Hodgson Road. Approximately five years ago, another study indicated a need for a trunk watermain in the same area to connect Woodridge Estates. The subdivision was connected to the Shoreview municipal water system. In order to assess all or a portion of the cost of the watermain project, it must be processed in accordance with Minnesota Statutes Chapter 429. The first step in this process is the initiation of the project by the City Council or by petition of the affected property owners, and preparation of a feasibility report. As it is unlikely the affected property owners along Hodgson Road will petition for the improvement, it is recommended that a feasibility report be prepared as a Council initiated project. Council Member Elliott moved to adopt Resolution No. 94 - 20 ordering the feasibility report. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 94 - 20 can be found at the end of these minutes. CONSIDERATION OF AMENDING SPRING WEIGHT RESTRICTIONS POLICY On February 14, 1994, the City Council adopted a policy of not allowing permits for overweight loads on all city streets beginning with the weight restriction period this spring. On February 18, 1994, staff informed the developers at the annual Builder's Day meeting that weight restrictions would be strictly enforced. Builder's asked that the policy be reconsidered for this spring because many builders have homes under construction and if work is delayed, the homeowners secured mortgages may be in jeopardy. Enforcing the weight restrictions will delay the completion of the house and delay the closing date which may cost the homeowner in mortgage costs. PAGE 2 1 1 1 1 COUNCIL MEETING MARCH 14, 1994 Because of this unforseen problem, staff is recommending that the City issue overweight permits up to five (5) ton per axle for this spring construction season only. A long term policy will be drafted and brought to the City Council and the City Council will be asked to establish the long term policy by October, 1994. This will allow ample time for builders to make necessary arrangements for the 1995 spring building season. The staff is also recommending that such vehicles as school buses, licensed trash haulers, City maintenance vehicles and sewer and water repair companies be exempted from the permitting process up to seven (7) tons per axle. Mayor Reinert said it was his understanding that the Police Department will be more active in stopping and tagging violators this spring. Chief Pecchia explained that all suspect vehicles will be stopped, weighed and citations will be issued if necessary. Larry Barnabo, 905 Hardwood Avenue, Shoreview explained that he purchased his building permit last week and the builder has informed him that the restrictions mean that redi-mix cement trucks will be limited to one and one-half yards of concrete. Since the normal house uses nearly 20 yards of concrete, the project will be shut down for the duration of the weight restriction which is about four (4) to six (6) weeks. Mr. Schumacher explained that the City has handled weight restrictions in this manner for about 15 years. This year will be no different than the previous years. Mayor Reinert agreed that weight restrictions are an inconvenience, however the normal life of a City street is 20 years. In Lino Lakes the normal life of a street is more like 13 to 15 years. Also when the street is rebuilt, it is at the property owners expense not the builder. Mayor Reinert said that Lino Lakes will be more aggressive in enforcing weight restrictions because the streets are showing signs of premature wear. John Sina, 6337 Painted Turtle Road said he felt a three (3) ton road is ridiculous and recommended that city streets be constructed to a five (5) ton standard. Mayor Reinert explained that the City is beginning to talk to the developers about upgrading street standards. Mr. Barnabo asked what the fine is for an overweight citation. Police Chief Pecchia explained that the fine is based on a per pound charge. PAGE 3 lir 1 1 d COUNCIL MEETING MARCH 14, 1994 Council Member Kuether moved to allow the issuing of overweight permits to exceed the posted restrictions up to a maximum of five (5) tons per axle. School buses, licensed trash haulers, city maintenance vehicles and sewer and water repair companies will be allowed to go to a seven (7) ton per axle weight by permit. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF APPOINTING A REPRESENTATIVE TO THE CENTENNIAL CITIZENS FACILITY TASK FORCE Mr. Schumacher explained that a task force is being formed by the Centennial School District to study student space needs and to review possible solutions and make recommendations to the School Board. Mayor Reinert noted that Council Member Bergeson is acting in a similar capacity for the City and asked Council Member Bergeson if he would consider attending these meetings as well. Council Member Bergeson said that he would as long as it did not present a conflict. Council Member Neal moved to appoint Council Member Bergeson as the Lino Lakes representative to the Centennial Citizens Facility Task Force. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Bergeson noted that he has heard several comments about the City building a new city hall in the near future. He emphasized that the City is only updating the Facilities Study that was completed several years ago. This study may be used at some future time to make space decisions. However, a new city hall is not being planned at this time. CONSIDERATION OF THE FIRST READING OF ORDINANCE NO. 04 - 94 AMENDING THE GAMBLING ORDINANCE NO. 17 - 88 BY DEFINING "MEMBER" Mrs. Anderson explained that the City Council adopted a Gambling Ordinance in 1988 in an effort to regulate non-profit gambling within the City. At that time it was the consensus of the City Council that a portion of the gambling proceeds should remain in the City to benefit those persons who were supporting the non- profit organizations. The 1988 Gambling Ordinance carefully laid out the eligibility requirements for non-profit organizations with one exception. The term "member" was not defined. Several non-profit organizations were granted licenses by defining "member" as any person who has donated to their cause. Draft Ordinance No. 04 - 94 was introduced by Mrs. Anderson. She noted that "member" is defined by using the same terminology found in the State Statutes, Chapter 349, Gambling. Mrs. PAGE 4 1 1 1 1 1 1 COUNCIL MEETING MARCH 14, 1994 Anderson read the definition and commented that adoption of the draft ordinance would enable staff to manage the Gambling Ordinance in keeping with the original intention of the City Council. Mayor Reinert asked what was the original definition of "member". Mrs. Anderson explained that "member" was not defined. Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 04 - 94. Council Member Elliott seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT, BILL HAWKINS Update Regarding District Memorial Hospital (DMH) - Mr. Hawkins explained that DMH experienced some financial difficulties and retained a consultant to advise the hospital board regarding the future of DMH. The consultant recommended that DMH align itself with a larger health care organization. HealthSpan submitted a proposal that was being seriously considered by the DMH Board. Some of the communities within the hospital district felt the proposal was not a reasonable solution and they retained legal consul and obtained an injunction against further action by the hospital board. As a result HealthSpan canceled its arrangement with DMH. The hospital board is now working with communities asking them to adopt a resolution endorsing the efforts of DMH in negotiating an agreement with a health care provider which may involve the sale, lease of or other disposition of all or a portion of the hospital district's assets, lease or disposition is based upon receipt of just compensation. The term "just compensation" is defined in the resolution. Other communities are indicating that the resolution is too broad and gives the DMH board too much authority. Columbus Township developed their own resolution and several other communities are considering similar resolutions. At this time there is no pending litigation. Now the DMH board must find a reasonable solution to their financial position. Mr. Hawkins noted that the text of the two (2) above mentioned resolutions were provided to the City Council in their packets. He explained that the City Council must decide if they wish to support either of the resolutions. LaValerie Rosengren, the Lino Lakes DMH board member explained that currently the district is operating in the "black" and will be considering a proposal from Fairview Hospital. Ms. Rosengren introduced Jack Lannon who explained that this matter has become very political. He noted that he had been before this City PAGE 5 12 0 COUNCIL MEETING MARCH 14, 1994 Council several months ago to explain the situation. Mr. Lannon indicated that DMH can continue to operate as it now does and explained that he preferred to see a vertical merger with doctors who already operate the clinic. He indicated that some communities were reluctant to give up local control of the area health care services. Mr. Lannon continued by saying that because of the proposed health care reform, no one can be sure where the matter will go. He indicated that although the hospital is functioning in the "black" services could be discontinued in the future. However, it is difficult to negotiate any future for DMH because potential partners do not want to get into political difficulties. Mr. Lannon asked the City Council to adopt the resolution proposed by the DMH board. Mr. Schumacher noted that the City of Lino Lakes and the City of Centerville were the only two (2) municipalities who did not support the litigation. He noted that most Lino Lakes citizens do not use DMH and there will not be much impact on the citizens no matter what happens to the hospital. Mr. Schumacher did note that if DMH is looking at establishing a clinic, in terms of size the City of Lino Lakes would make a significant impact on location of the clinic. Mayor Reinert thanked Ms. Rosengren and Mr. Lannon for coming and updating the City Council on this matter. Council Member Kuether moved to place this matter on the March 23, 1994 City Council work session agenda. Council Member Elliott seconded the motion. Motion carried unanimously. RECOGNITION OF BLOCK CAPTAINS, NEIGHBORHOOD CRIME WATCH Mayor Reinert introduced Chief Pecchia and CSO Jeannie Kenow. He explained that most municipalities cannot operate without volunteers. Mayor Reinert explained that Chief Pecchia is concerned about bringing a community based policing policy into Lino Lakes. This policy cannot succeed without community volunteers. Volunteer organizations as Neighborhood Crime Watch, the McGruff House Program and the McGruff Truck Program have been instituted in Lino Lakes under the direction of CSO Kenow. CSO Kenow read the many names of volunteers who are directly participating in the volunteer programs mentioned above and noted that certificates of recognition were prepared for each of them. Many of the volunteers were in the audience to personally accept their recognition certificates. Chief Pecchia thanked all the volunteers for being involved in their community. He also thanked everyone for coming this evening. PAGE 6 1 1 1 COUNCIL MEETING MARCH 14, 1994 OLD BUSINESS There was no old business. NEW BUSINESS Consideration of Minutes, February 28, 1994 - Council Member Kuether moved to approve the minutes as presented. Council Member Elliott seconded the motion. Motion carried with Mayor Reinert abstaining. NOTICE: Meeting with the Hugo City Council set for March 30, 1994, 7:00 P.M. Mr. Schumacher noted that he has asked Community Development Director, Brian Wessel to attend this meeting. NOTICE: The Economic Development Authority will hold a public hearing on Monday, March 28, 1994, 6:00 P.M. to consider the advisability of the sale of property legally described as Lot 10, Block 1, Lino Industrial Park. Mr. Schumacher explained that this matter involves the Accu -Tool development. Council Member Neal moved to adjourn at 7:32 P.M. Council Member Kuether seconded the motion. Aye. These minutes were considered, corrected and approved at a regular City Council meeting held on March 28, 1994. Marily G.' Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 7 12 12.E Council Member Elliott its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 94- 20 RESOLUTION ORDERING FEASIBILITY REPORT FOR TRUNK WATERMAIN IMPROVEMENTS ON HODGSON ROAD FROM BIRCH STREET TO LINDA AVENUE. WHEREAS, it is proposed to construct a trunk watermain along Hodgson Road south of Birch Street and ending at Linda Avenue, and to assess the 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to John Powell, TKDA, for study and that he is instructed to report to the City 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 14th day of March, 1994. Vernon F. Reinert, Mayor !tabu 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: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none. Whereupon said resolution was declared duly passed and adopted. 1