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HomeMy WebLinkAbout02/26/1996 Council Minutesr i COUNCIL MEETING FEBRUARY 26,1996 DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES COUNCIL MINUTES : February 26, 1996 . 6:30 P.M. . 7:13 P.M. : Lyden, Neal, Landers : Bergeson, Kuether Staff members present: City Attorney, Bill Hawkins; City Engineer, David Ahrens; Planning Coordinator, Mary Kay Wyland; Community Development Director, Brian Wessel; Consulting Engineer, Jim Norton, SEH; City Administrator, Randy Schumacher and Clerk -Treasurer Marilyn Anderson. SETTING THE AGENDA Mr. Schumacher asked that item C. Recognizing the Liaisons for 1996 be added under Old Business. He also asked that item A, Recognition of Peg Smith be added under New Business. Mr. Schumacher asked that item B, Limiting Construction Hours Update be added under the Engineer's Report. Mr. Schumacher suggested that the Consent Agenda be waived for this evening and separate action be taken on each item. OPEN MIKE Mayor Landers asked if there was anyone in the audience to speak under open mike. There was no one to speak under open mike. State of the City Address - Mayor Landers presented his State of the City Address. A copy of his address is attached to these minutes. CONSIDERATION OF MINUTES November 13, 1995 Regular Council Meeting - These minutes will be considered at the March 12, 1996 Council meeting. February 8, 1996 Regular Council Meeting - Council Member Neal moved to approve these minutes as presented. Council Member Lyden seconded the motion. Motion carried unanimously. PAGE 1 COUNCIL MEETING FEBRUARY 26, 1996 CONSIDERATION OF DISBURSEMENTS February 26, 1996 - Council Member Neal moved to approve these disbursements as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved to approve these disbursements as presented. Council Member Lyden seconded the motion. Motion carried unanimously. CONSIDERATION OF AN APPLICATION FOR AUTHORIZATION TO CONDUCT EXCLUDED BINGO, LINO LAKES ELEMENTARY PAB The Lino Lakes Elementary School located on Main Street has an active parent group. This group conducts two (2) major gambling events each year to raise money for such things as playground equipment. Since the Minnesota Gambling Statutes allow a non- profit group to be excluded from obtaining a license if they conduct fewer that five (5) gambling events per year, the City Council is also asked to approve the exemption. Council Member Neal moved to allow the exemption. Council Member Lyden seconded the motion. Motion carried unanimously. RECEIVE BIDS FOR FOURTH AVENUE TRUNK UTILITY IMPROVEMENT The Fourth Avenue trunk utility improvement project involves the construction of trunk sanitary sewer and watermain along Fourth Avenue and Lilac Street to serve the Behm's Century Farm subdivision. Plans and specifications for this project were ordered by the City Council on August 14, 1995. On January 8, 1996, the plans and specifications were approved and the advertisement for bids was ordered. Ten bids were received and opened on Wednesday, February 21, 1996. Staff requested the Council to adopt a motion accepting the bids. The award of the contract will occur at a future Council meeting. Council Member Lyden said that the term "apparent low bid" was noted on the bid sheet. He asked if there was a problem with the bids. Mr. Ahrens said that the term "apparent low bid" terminology is used until there is an actual award. Staff does not want to give the impression that a specific bid is the low bid and will be awarded the contract. There is no problem with the bids. COMMUNITY DEVELOPMENT DEPARTMENT REPORT, BRIAN WESSEL SECOND READING, Ordinance No. 01- 96 Offering the Sale of Property in the Apollo Business Park to Progressive Engineering Technology, Inc. - Mr. Wessel explained that this is the SECOND READING of Ordinance No. 01 - 96. PAGE 2 r L COUNCIL MEETING FEBRUARY 26,1996 Progressive Engineering Technology, Inc. is an engineering and custom precision machining company that is currently located in Blaine. The company is planning to purchase 2.2 acres of land in the City -owned portion of the Apollo Business Park to build a 16,000 square foot manufacturing facility. According to the City Charter, an ordinance is required when City -owned property is sold. The FIRST READING of this ordinance was held at the February 12, 1996 City Council meeting. Since that time, no further questions or comments have been received. Mr. Wessel identified the site of this proposed facility and recommended that the City Council adopt Ordinance No. 01 - 96. Council Member Neal moved to adopt the SECOND READING of Ordinance No. 01 - 96 and dispense with the reading. Council Member Lyden seconded the motion. Motion carried unanimously. Ordinance No. 01 - 96 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Final Plat, Willow Ponds - Ms. Wyland used the overhead projector to show the location of the Willow Ponds west of St. Joseph Catholic Church on Elm Street. She explained that the Willow Ponds preliminary plat was approved by the City Council in June, 1995. The plat consists of 10 single family residential home sites and a large lot containing 47 senior cottages. Agreements were signed in August, 1995 by the City and the developer covering site improvements and City subsidies. Financial guarantees have been posted and the title work reviewed and approved by the City Attorney. City staff is recommending approval of the final plat for Willow Ponds. Council Member Neal asked who will be supplying natural gas to this subdivision. Mayor Landers explained that the area south of Elm Street and the senior housing are supplied by Circle Pines utilities. Since the senior cottages developer is connecting to Circle Pines utilities, it is likely that the 10 single-family home sites will also be served by Circle Pines utilities. Ms. Wyland will check to see who is supplying utilities. Mayor Landers noted that there had been discussion regarding building a senior cottage building on one of the 10 lots and rent it to the public. He asked the status of this proposal. Ms. Wyland explained that she had not been involved in those discussions. The lots have always been considered single family use only. Mr. Schumacher explained that he has discussed this matter with the developer because there are some senior citizens who do not qualify for the subsidized units but would like to be in the senior community. He said one possible result of the discussion is that a double senior unit similar to what is being constructed now could be placed on a lot and rented at market rates. Ms. Wyland explained that zoning for the 10 lots is Single Family (R-1). Any development other than singe -family housing would require an application for rezoning. She explained this may PAGE 3 COUNCIL MEETING FEBRUARY 26, 1996 not be out of character with what is currently under construction, however, it would have to be rezoned to R-2 or R-3. The size of the lot would also be increased. Ms. Wyland explained that the property is already zoned R-1 and the final plat approval request from the developer is needed so that he can record the configuration of the lots so that these lots can be sold. If the developer decides to build some twin homes later, a minor subdivision would be required as well as a rezone. Council Member Neal moved to approve the final plat of Willow Ponds. Council Member Lyden seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 96 - 25 Accepting Bids for Well No. 3 Pumphouse - Mr. Ahrens explained that on Tuesday, February 20, 1996, bids were opened for construction of Well No. 3 Pumphouse. This pumphouse will be located on the south side of Birch Street, west of 12th Avenue. City Council action is required to award a construction contract to the lowest responsible bidder. The City Council ordered the improvement, approved the plans and specifications, and ordered the advertisement for bids for the construction of Well No. 3 Pumphouse at the January 18, 1996 Council meeting. On Tuesday, February 20, 1996, eight sealed bids were received and opened. The low bid was from M.C. Magney Construction for $339,200.00 and the second low bid was from Sheehy Construction, for $391,300.00. M.C. Magney Construction has submitted a letter requesting that their bid be withdrawn due to an error in transferring the bid amount to the bid form. Per instruction to bidders, in the specifications, any bidder may withdraw their bid within 24 hours after the bid opening by filing a signed written notice with the City. This written notice shall demonstrate, to reasonable satisfaction of the City, that there was a material and substantial error in the preparation of the bid. In addition, the bid security will be returned if the City finds that there was a reasonable error. M.C. Magney Construction submitted information to staff to document that the bid was indeed in error. This information included copies of quotes received by suppliers and calculations of labor charges. It is the opinion of the staff that there was a material and substantial error and that the request to have the bid withdrawn be accepted. If the withdrawal of the bid from M.C. Magney is approved, the low bidder is Sheehy Construction. Per the letter by Mr. Jim Norton, SEH, Sheehy Construction is a reputable contractor and is capable of performing the required work. Project financing will be provided by the City's Enterprise Fund (Area and Unit Fund) and no assessments will be levied to fund this project. PAGE 4 r COUNCIL MEETING FEBRUARY 26,1996 It is anticipated that construction will begin by the end of March, 1996, and, per the contract, will be substantially complete (well is operational) by July 1, 1996. Mr. Ahrens recommended that the City Council approve the withdrawal of the bid from M.C. Magney Construction and award the bid to Sheehy Construction. Council Member Neal moved to accept the letter from M.C. Magney Construction withdrawing their bid. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Neal moved to adopt resolution No. 96 - 25 Accepting the Bids and Awarding the Construction Contract for Well No. 3 Pumphouse Project to Sheehy Construction. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 25 can be found at the end of these minutes. Mr. Ahrens noted that this pumphouse is larger than the pumphouse recently constructed in Clearwater Creek. This pumphouse will accommodate a filtration system if needed in the future. Limiting the Construction Hours Update - Mr. Ahrens noted that at the work session, February 21, 1996, there was discussion regarding limiting hours that construction work could take place in the City. He said initially he thought this matter could be handled through the zoning ordinance update process. Ms. Wyland has informed him that the appropriate place for this to be addressed is within the City Code. Mr. Ahrens said that he will have a draft ordinance prepared for the next Council meeting, March 11, 1996. The second reading of the ordinance could take place on March 25, 1996 and become effective 30 days after the date of publication. He suggested that the City Council discuss this matter at the March 6, 1996 Council work session and define exactly what the issues are and how the City should deal with them. Ms. Wyland did mention to Mr. Ahrens that the City does have a policy which defines the construction working hours and that there is to be no construction activity on Sunday. The policy cannot not be enforced by the Police Department but is usually included as part of the development contract. Mr. Hawkins explained that if the construction is generating loud noises, this can be determined to be a nuisance and the Nuisance Ordinance can be enforced by the Police Department. Adopting a policy does give the City the right of enforcement by criminal procedures. Mayor Landers said that he has discussed this matter with the Police Department and was told that an officer will respond to a call regarding construction noise. However, the only thing that they can do is advise the contractor that there has been a complaint and if the activity continues, the officer is powerless to do anything about it. PAGE 5 COUNCIL MEETING FEBRUARY 26, 1996 Mayor Landers explained that there are three (3) different projects under construction at this time and they are working seven (7) days a week. Council Member Lyden asked if the City should make a qualified difference between a professional home contractor and a resident building his deck? He felt that the ordinance should be fair and consistent. Mr. Hawkins said that the City cannot pick and choose who can or cannot work at specified hours. There is also an issue regarding what the City can regulate in terms of a persons right to conduct business on certain days. There will have to be documentation as to why the ordinance is regulating this activity. Mr. Hawkins said that there are a lot of issues that need to be considered. Mr. Ahrens, Ms. Wyland and Mr. Hawkins will meet to prepare a draft ordinance and bring it to the work session for Council consideration. OLD BUSINESS Consideration of Resolution No. 96 - 13 Amending the 1995 General Fund Budget - Mr. Schumacher noted that Council Member Kuether had some questions about this resolution. He did talk to her on the telephone and she does understand what the resolution is doing. Council Member Lyden said that Council Member Kuether had questions about this resolution and he would feel more comfortable taking action on the resolution when she was here to discuss her concerns. Mr. Schumacher said that he was sure that she now understands the reason for the resolution. Mr. Schumacher explained that when the 1995 Budget was prepared, the City was not sure that they would receive a COPS grant. The grant was received and therefore the general fund is going to be changed to reflect this income. The second issue is the receipt of an insurance settlement for a squad car that was involved in an accident. The third budget change reflects the expense for a new squad car to replace the car totaled in the accident. The other salary issue involves hiring of a part-time clerk to replace the full- time clerk who was on a medical leave. The last items involve a name change from salaries to stipends. Council Member Neal moved to adopt Resolution No. 96 - 13. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 96 - 13 can be found at the end of these minutes. Re -consider Motion to Accept Petition of Property Owners Against Assessment for 12th Avenue/Holly Drive Improvement - Mr. Schumacher explained that at the last Council meeting, a motion to accept a petition was seconded by a Council Member who also signed the petition. There was a question as to whether or not this action could be considered conflict of interest. Mr. Schumacher said that he did discuss the matter with Mr. Hawkins and determined that considering there was no financial obligation issues involved, the petition should be considered as informational only and there is no conflict of interest. Mr. Hawkins said that the petition has no legal significance and is merely the PAGE 6 r COUNCIL MEETING FEBRUARY 26, 1996 expression of intent and does not bind the City Council in any manner. He did not feel that there was a conflict of interest under State Statutes or the City Code of Ethics. No action is required on this matter. NEW BUSINESS Recognition of Peg Smith and the Lino Lakes Seniors for their Preparation of the Meal for the Joint Lino Lakes, Hugo, Centerville and Rice Creek Watershed District Meeting - Mayor Landers explained that Peg Smith and the seniors prepared a wonderful meal for the joint council meeting held on February 8, 1996. He and the Council Members said thank you. Recognition of Council Liaisons - Mr. Schumacher explained that there has been discussion during the past couple of months regarding whether there should be or should not be Council liaisons. There have not been liaisons for a couple of years and after a lot of discussion it was the consensus that this practice should be reinstated as follows: LIAISON DEPARTMENT Mayor Landers Council Member Neal Council Member Kuether Council Member Bergeson Council Member Lyden Mayor Landers Council Member Bergeson Administration Police Department Engineering/Public Works Department Community Development Parks and Recreation Solid Waste Department Friends of the Parks Council Member Neal moved to adopt the list of liaison for appointment of one year. Council Member Lyden seconded the motion. Motion carried unanimously. Council Member Neal moved to adjourn at 7:13 P.M. Council Member Lyden seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on March 6, 1996. CA--ke A a5 -r\ -,Marilyn G. derson, Clerk -Treasurer PAGE 7 L. Landers, Mayor STATE OF THE CITY ADDRESS 26 FEBRUARY 1996 JOHN LANDERS, MAYOR GOOD EVENING... THE CITY CHARTER MANDATES THAT A STATE OF THE CITY ADDRESS BE GIVEN EACH YEAR BY THE MAYOR. AS I HAVE BEEN YOUR MAYOR FOR ONLY 8 WEEKS, I WILL MAKE MY SPEECH VERY BRIEF, I AM SURE MOST OF YOU WOULD APPRECIATE THAT. FIRST OF ALL, I WOULD LIKE TO THANK MY SUPPORTERS FOR WORKING SO HARD FOR MY ELECTION. I PROMISE TO WORK JUST AS HARD FOR YOU OVER THE NEXT TWO YEARS OF MY TERM. r 1 I LOOK FORWARD TO THE CHALLENGES AND OPPORTUNITIES THAT AWAIT ME AS MAYOR. I REALIZE THAT DIFFERENCES OF OPINION PROBABLY EXIST ON THIS COUNCIL ON CERTAIN ISSUES. I CAN'T THINK OF A COUNCIL IN WHICH THIS WAS NOT THE CASE. BUT I KNOW SOLUTIONS ARE OUT THERE. TO THAT END, WE HAVE ALREADY SCHEDULED A TEAM BUILDING AND COMMUNICATION SESSION FOR MARCH IN AN EFFORT TO BETTER UNDERSTAND ONE ANOTHER'S STYLE AND VIEW POINTS. 1996 BEGINS WITH MANY EXCITING PROJECTS IN THE WORKS. LINO LAKES WILL SOON BE HOME TO A STATE OF THE ART MIDDLE SCHOOL. CONSTRUCTION OF SENIOR HOUSING IS NEARING COMPLETION . THESE TWO ADDITIONS ARE GREAT STEPS TOWARDS MAKING LINO LAKES A COMMUNITY IN WHICH A PERSON CAN ENJOY THEIR YOUTH AND TWILIGHT YEARS. WE HAVE MANY NEW BUSINESSES THAT I WOULD LIKE TO WELCOME TO OUR COMMUNITY. ALSO, LOOK FOR A SURVEY LATER THIS YEAR IN WHICH WE WILL SOLICIT YOUR OPINION ON A VARIETY OF ISSUES. THESE ARE JUST A FEW OF THE MANY PROJECTS WE HAVE PLANNED FOR 1996. I LOOK FORWARD TO WORKING FOR YOU AS YOUR MAYOR. LINO LAKES IS A GREAT PLACE TO LIVE. TOGETHER WE CAN MAKE IT EVEN BETTER. 1 1 Councilmember Neal introduced the following ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA ORDINANCE NO. 01-96 AN ORDINANCE OFFF.RING THE SALE BY THE CITY OF LINO LAKES 2.2 ACRES OF OUTLOT B, APOLLO BUSINESS PARK The City Council of Lino Lakes, Anoka County, Minnesota does ordain: I. The real property described as approximately 327 feet fronting on the south side of Apollo Drive and approximately 297 feet in depth, in Outlot B, in Apollo Business Park, Anoka County, Minnesota, (the "Property") is owned by the City of Lino Lakes (the "City"). The city council of the City has determined that the Property is no longer needed by the City for any public purpose. II. The city council of the City authorizes sale of the Property to Progressive Engineering Technology, Inc. for $85,800. The mayor and city clerk -treasurer are hereby authorized and directed to execute such deed and other documents as may be necessary in order to sell the Property. Proceeds from the sale of the Property shall be used in accordance with the requirements of the city charter. This ordinance shall be in full force and effect from and after 30 days following its passage and publication, in accordance with section 3.09 of the city charter. ATTEST: /24 Marilyn G. derson, lerk-Treasurer John L. Landers, Mayor The motion for adoption of the foregoing ordinance was duly seconded by councilmember Lyden and upon a vote being taken thereon, the following voted in favor thereof: Lyden, Neal, Landers. 1 The following voted against same: None, Council Members Bergeson and Kuether were absent. Whereupon said ordinance was declared duly passed and adopted. First Reading Approved on February 12, , 1996 Second Reading Approved on February 26 , 1996 Published in the official newspaper on March 6 , 1996 r f Council member Neal introduced the following resolution and move its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-13 RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET WHEREAS, the City received a Federal grant for hiring a new patrol officer, and WHEREAS, the budget was adopted prior to the grant award, and WHEREAS, a squad car was totaled and needed to be replaced, and WHEREAS, the City received money from insurance towards the purchase of a new squad, and WHEREAS, the Police Department needed temporary staff to fill a vacancy, and WHEREAS, a new line item was added in 1995 to account for the Planning and Zoning Board and the Park Board Stipend. NOW THEREFORE BE IT RESOLVED, that the following budget amendment be authorized and effective December 31, 1995: Cops Fast Grant (3315) Police Other Revenue (3422) Capital Outlay (Police) Salaries (Police) Other Salaries (Police) Salaries (Park Board) Stipend Park Board) Salaries (Planning & Zoning Board) Stipend (Planning & Zoning Board) Increase $19,900 $ 7,000 $26,900 $10,500 $ 4,500 $ 4,500 Adopted by the City Council of Lino Lakes this 26th day of February, 1996. n G.nderson, Clerk Treasurer Decrease ($10,500) ($ 4,500) ($ 4,500) lam• ohn Landers - Mayor Page 2 The motion for the adoption of the foregoing resolution was duly seconded by Council Member Lyde and upon vote being taken thereon, the following voted in favor thereof: Lyden, Neal, Landers. The following voted against same: None, Council Members Bergeson and Kuether were absent. Where upon said resolution was declared duly passed and adopted: i Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 96-25 RESOLUTION ACCEPTING THE BIDS AND AWARDING A CONSTRUCTION CONTRACT - WELL NO. 3 PUMPHOUSE. WHEREAS, pursuant to an advertisement for bids for the construction of Well No. 3 Pumhouse, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name Bid Amount M.C. Magney Construction $339,200 Sheehy Construction $391,300 Municipal Builders $406,000 Richmar $408,600 Meisinger Construction $419,900 Mills Contracting $431,200 Gorham Oien $449,800 G.H.T. Construction, Inc. $458,600 AND WHEREAS, M. C. Magney Construction, Inc., has submitted written documentation to demonstrate that there was a substantial and material mistake in the preparation of the bid in accordance with the bidding documents, AND WHEREAS, it appears that Sheehy Construction, 360 West Larpenteur Avenue, St. Paul, MN 55113, is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City of Lino Lakes approves the withdrawal of the bid of M. C. Magney Construction, Inc. Resolution No. 96-25 Page 2 2. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Sheehy Construction Company, Inc., of St. Paul, Minnesota, in the name of the City of Lino Lakes for the construction of Well No. 3 Pumphouse according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Lino Lakes City Council this 26th day of February, 1996. hn L. Landers, Mayor yor Marilyn (4 Anderson, Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Lyden and upon vote being taken thereon, the following voted in favor thereof: Lyden, Neal, Landers. 1 1 The following voted against same: None, Council Members Bergeson and Kuether were absent Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on February 26, 1996. Marilyn G. Anderson, Clerk -Treasurer