HomeMy WebLinkAbout02/26/1996 Council Minutesr
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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:
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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.
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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
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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
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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:
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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
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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.
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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