HomeMy WebLinkAbout11/12/1996 Council Minutes•
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COUNCIL MINUTES NOVEMBER 12, 1996
CITY OF LINO LAKES
MINUTES
DATE : November 12, 1996
TIME STARTED : 6:30 P.M.
TIME ENDED : 7:28 P.M.
MEMBERS PRESENT : Bergeson, Landers, Kuether, Neal and Lyden
MEMBERS ABSENT : None
Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill
Hawkins; City Engineer, David Ahrens; Consulting Planner, Alan Brixius; Planning
Coordinator, Mary Kay Wyland; Consulting Engineer, John Powell; and Clerk -Treasurer,
Marilyn Anderson.
SETTING THE AGENDA
Mayor Landers requested that Attorney's Report be added to Old Business, and that
Resolution No. 96 - 148, Accepting Donation from Lion's Club, and Council Response to
Newspaper Article Regarding Organized Trash Hauling be added to New Business.
The agenda was approved as amended.
CONSENT AGENDA
Mr. Schumacher pointed out that on Page 5 of the Disbursements, "Solid Waste" the first
disbursement dealing with car wash, $109, should be a Parks and Recreation expenditure
rather than Solid Waste.
ITEM
DISBURSEMENTS:
October 31, 1996 ($1,552.38)
November 12, 1996
(Checks No. 45981 to 46063, $158,321.38)
ACTION
Approved
Approved
Council Member Kuether moved to approve the consent agenda, as amended. Council
Member Lyden seconded the motion. Motion carried unanimously.
OPEN MIKE
Maurine Davidson of West Rondeau Lake Road addressed the Council on behalf of the
Environmental Affairs Committee regarding two issues: (1) the offering by the Committee
COUNCIL MINUTES NOVEMBER 12, 1996
of its services in connection with any upcoming City projects, and (2) educational and
informational sessions which the Committee has established. Ms. Davidson stated that Open
Mike isn't the proper forum for discussion of the first issue; however, she explained the
sessions referred to above were planned for use as an information gathering tool for
Committee members in order to give the group a level field of knowledge. Ms. Davidson
stated that it soon became clear to the Committee that anyone interested in the planning and
future of Lino Lakes could benefit from the sessions, as environmental issues are important
in the overall future of the community.
Ms. Davidson added that the sessions, or seminars, will be addressed by a number of
knowledgeable guest speakers who recently participated in the Conference on Sustainable
Development sponsored by the Minnesota Office of Environmental Assistance. The
Committee feels that by having these speakers at its sessions, a part of that conference will
come to Lino Lakes.
These speakers are experienced in issues such as those facing Lino Lakes in connection with
its development plans. Ms. Davidson distributed pamphlets describing the upcoming
seminars. The first speaker will be Hannah Dunovitz of the Minnesota Natural Heritage
Program, and she will talk about how to best measure remaining assets and preserve them.
Other speakers will include Joan Galley, a non -game wildlife specialist from the DNR; a
County planner, a developer, a representative from the Minnesota Land Trust; and, finally, a
speaker from the Land Stewardship Project. Ms. Davidson added that these seminars will be
free of cost to the City. She formally invited the Council members and members of the
Citizen Advisory Board, as well as all who are interested, to attend. The seminars will take
place on the second Thursday of each month through February at Centennial Fire Station No.
2 on Lake Drive.
Council Member Lyden commented that the Committee's activities thus far are quite
impressive. He asked that any budgetary considerations be expressed to the Council prior to
the end of the year. Ms. Davidson stated that she has contacted other environmental groups
in the area, and will provide her conclusions to Council.
Council Member Kuether asked about funding that might be available for the Committee's
use. Ms. Davidson explained that the Office of Environmental Assistance offers grants, but
that the Committee missed their last funding round. Another opportunity will be in the
Spring, and Ms. Davidson said that the Committee will pursue that avenue as its goals
become more clear.
Randy Schumacher agreed with Council Member Lyden with respect to the speed with which
the Committee has organized the upcoming educational activities. He asked about progress
on the balance of the Committee's work plan, such as inventory studies. Ms. Davidson
explained that at its first meeting the Committee focused on brainstorming for ideas, out of
which the first project --inventory of resources --took form. In order to conduct this inventory
on a low budget, members will be working individually to collect the various resources
needed to create an "environmental master plan" which will encompass their goals.
PUBLIC HEARING, 6:30 P.M., CONSIDER VACATING A PORTION OF FOURTH
AVENUE RIGHT-OF-WAY, DAVID AHRENS
Mr. Ahrens explained that this project includes vacation of a portion of Fourth Avenue from
Elm Street to I35 W. Action by Council will be requested at a later date when Staff has
gathered sufficient information.
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COUNCIL MINUTES NOVEMBER 12, 1996
Mr. Ahrens stated that the section of Fourth Avenue between Elm Street and I35W was
severed when interstate construction occurred, and hasn't been used for transportation
purposes since that time. With construction of the Centennial Middle School, the main
entrance to the school property utilizes part of that Fourth Avenue right-of-way, prohibiting
any additional public use of that portion of right-of-way. Additionally, access to the
northerly light industrial parcel would be accessed off the road alignment with a cul-de-sac
de sac and road system off of Lake Drive. Therefore, the Fourth Avenue right-of-way is not
needed at that location.
Mr. Ahrens repeated that he is not seeking Council action at this time as utility easements
must be determined for watermain and sanitary sewer, and these plans are still in the drafting
process.
Council Member Bergeson asked about parcel #3 on the map provided to Council. He
wanted to know whether or not that parcel was perceived as having access at some future
time and, under the proposed plan, would be landlocked. Mr. Ahrens explained that parcel
#3 should not be severed from road access, and that he would verify its status on the updated
map.
Mayor Landers opened the public hearing at 6:47 p.m.
There being no public response, Council Member Bergeson moved to close the public
hearing at 6:48 p.m. Council Member Lyden seconded the motion. Motion carried
unanimously.
CITY ENGINEER'S REPORT, DAVID AHRENS
Consideration of Resolution No. 96 -147, Approval of Trunk Highway 49 Turnback
Agreement - Mr. Ahrens explained that on June 24, 1996, Council approved a memorandum
of understanding between the Minnesota Department of Transportation and the City which
identified the City's intent to turn back a portion of Trunk Highway 49 from Lilac Street
south to the entrance to the correctional facility. The formal agreement for that transfer has
been drafted by MnDOT, and is to be considered by Council for approval.
In essence the agreement provides that turn back account funds can be used for maintenance
and reconstruction of this portion of Fourth Avenue, and that those funds are typically above
our 20% cap on State aid mileage. Mr. Ahrens calculated that these funds should total
approximately $22,000 in maintenance to the City over a 10 -year period.
Council Member Lyden asked if Mr. Ahrens felt the $22,000 is adequate for the subject
amount of roadway. Mr. Ahrens indicated that it is adequate, especially considering it was
just overlaid in the summer of 1995, so very little maintenance should be required.
Council Member Neal asked if the section of Lilac Street being considered runs from Sunset
to Lake Drive, or just one-half of that distance. Mr. Ahrens responded the City would get a
small portion of Fourth Avenue, sandwiched between two City roads.
COUNCIL MINUTES NOVEMBER 12, 1996
Council Member Bergeson asked about the status of the transfer of the remainder of Highway
49 from the State to the County. Mr. Ahrens responded that it is going through the Public
Works committee this month, and should be approved.
Council Member Bergeson asked what effect that transfer would have on the stop sign for
Birch Street. Mr. Ahrens has drafted correspondence to the Anoka County Transportation
Engineer indicating the City's request to have a stop sign installed. He expects that to occur
some time in November, taking into account adequate stopping site distance.
Council Member Kuether asked if Mr. Ahrens had information regarding installation of a
stop sign on Lake Drive. Mr. Ahrens indicated that he did not, but will follow up on that
matter.
Mayor Landers asked who is responsible for the south portion of Fourth Avenue next to
Apollo Drive. Mr. Ahrens explained that the City owns that portion of roadway.
Council Member Kuether moved to adopt Resolution No. 96 - 147, as presented. Council
Member Lyden seconded the motion. Motion carried unanimously.
Resolution No. 96 - 147 can be found at the end of these minutes.
Consideration of Approval of Drainage Study - Mr. Ahrens explained that Staff requested
proposals from SEH, Inc. for drainage studies in three areas of the City detailed on a map
provided to Council. These studies were reviewed by Council at its November 6, 1996 work
session, and it was decided to pursue the northerly drainage study that includes land generally
bounded by Pine Street, Lake Drive, Lois Lane and Fourth Avenue. The drainage study will
provide information for possible improvements to the drainage system (ditch cleaning) and
identify areas that should have regional ponding.
Mr. Ahrens stated that the cost of the drainage study is proposed not to exceed $14,000, and
will be completed by the end of December, 1996. The drainage study is identified as a task
item to be completed as part of the City's Water Management Plan, and will be funded by the
Surface Water Management Fund which is supported by charges to developments in the City.
Staff discussed the cost savings by conducting a drainage study of the subwatershed located
immediately west of the north drainage study with SEH. It appears that a saving of 20% to
30% can be realized by studying the two areas jointly. Staff has requested a proposal from
SEH to prepare a drainage study for this area and will present it to Council for consideration
at a future Council meeting.
Council Member Kuether asked about the cost for the other two proposals. Mr. Ahrens
estimated the east study area to be $15,600 and the south study area, $25,600. These
amounts would be the same whether the studies were performed separately or at the same
time.
Mr. Ahrens explained that the study will look at drainage run-off, tracking the drainage path,
determining whether or not there are drainage problems that require correction such as ditch
cleaning and exploring the possibility of regional ponding. Additionally, improvements
would be identified for the future.
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COUNCIL MINUTES NOVEMBER 12, 1996
Council Member Neal asked whether or not this project could be completed by the end of
1996, as suggested. Mr. Ahrens explained that just the western drainage study would come
before Council prior to the end of the year. He added that there would be two studies
performed to include the entire designated area.
Mr. Schumacher requested that Mr. Ahrens clarify why the studies are being done and what
the projects mean after the studies are completed. Mr. Ahrens explained that particularly in
the north study area there has been a drainage problem in the Orange Street area. The study
will identify problem areas.
Council Member Neal asked which SEH engineer would be performing the study. Mr.
Ahrens responded Rocky Keene, who sits on the Vadnais Lake Water Management
Organization for the City.
Mayor Landers asked for clarification regarding the cost options if more than one study is
done. Mr. Ahrens explained that the study on the western portion would be about 30% less if
done in conjunction with the study on the north portion, as opposed to doing it separately at a
later date.
Mr. Ahrens explained that he chose the three areas being considered as there may be
development possibilities in the next five years. He does not foresee the drainage problems
in the western portion that are evident in the north portion, but agrees that it should be
monitored.
Mr. Schumacher asked Mr. Hawkins if the proposed studies could effect the current litigation
with respect to the expanded northerly area. Mr. Hawkins indicated that he did not believe
that the studies would have any effect on the litigation, but suggested that the insurance
attorney could be consulted regarding this matter.
Mayor Landers asked about the time frame within which the 30% "discount" could still be an
option. Mr. Ahrens indicated that the studies would have to be done simultaneously in order
to take advantage of the discounted cost.
Council Member Bergeson suggested that the work session discussion was directed more
toward investigation prior to a recommendation, and that perhaps the recommendation would
be not to proceed with the project.
Council Member Kuether moved to approve the northerly drainage study. Council Member
Lyden seconded the motion. Motion carried unanimously.
CONSIDERATION OF APPOINTING A PRESIDING OFFICER FOR THE
DECEMBER 9,1996 REGULAR COUNCIL MEETINGIMAYOR LANDERS AND
ACTING MAYOR ANDY NEAL WILL BE OUT OF TOWN), RANDY
SCHUMACHER
Mayor Landers and Acting Mayor Neal will be out of town for the December 9, 1996 regular
Council meeting. They will be attending the National League of Cities conference. The City
Code prescribes that in the absence of both the mayor and acting mayor Council shall elect
one of its number as temporary chair person. Although election of the temporary chair
person need not take place until the December 9 meeting, Mr. Schumacher recommended
that Council appoint that person at this meeting.
COUNCIL MINUTES NOVEMBER 12, 1996
Council Member Kuether moved to appoint John Bergeson presiding officer for the
December 9, 1996 regular Council meeting. Council Member Lyden seconded the motion.
Motion carried unanimously.
OLD BUSINESS
Attorney's Report - Mr. Hawkins updated Council regarding the investigation concerning
the 1987 Jeep Cherokee purchased at auction by Mr. Taylor. He indicated that he had spoken
to Don Volk, the individual involved in the purchase of the vehicle for the City in 1992. He
also spoke with Tom DeWolfe and a representative of Big Lake Auto.
By way of background, Mr. Hawkins explained that Don Volk attended the Big Lake auction
and purchased the 1987 Jeep Cherokee for the City in 1992. The vehicle had been
sideswiped prior to the time it was purchased by the City. Mr. Volk had the vehicle delivered
for repairs at that time, indicating repairs totaled $2,775. The vehicle was then delivered to
the City. Mr. Volk used the vehicle personally, and the vehicle was also used by other City
employees. Mr. Volk does not believe anyone including Mr. DeWolfe was aware that the
vehicle had been sideswiped.
Damage to the vehicle was not substantial in Mr. Volk's opinion; the door was damaged and
some other body work was required, including installation of an axle. The vehicle at that
time had 39,000 miles on it. Mr. Volk indicated that the vehicle had no problems, other than
a water leak in the back window when it rained. The vehicle was put up for sale by the City
after having been utilized for four years. It had 65,000 miles on it at the time the City put it
up for sale. During the time it was owned by the City only routine maintenance was needed
and performed. At the auction a document called "buyer's guide" was placed in the window
of the vehicle indicating that it was being sold in "as is" condition. Information was also
posted under "other remarks" that the passenger side window sometimes works. At that time
the City had no knowledge of any problems other than the window.
Mr. Taylor purchased the vehicle, aware of the notifications. After taking possession he
approached Mr. DeWolfe to complain about problems he was having with the vehicle. The
problems he related to Mr. DeWolfe were that there was uneven tire wear, that the rear
window rubber gasket was out of place, the door hinge stops were missing, the rear gate did
not close occasionally, and that there was a broken hood lever. He also alleged that the
vehicle had been in an accident. Mr. DeWolfe stated that it had not, as that was his belief at
the time.
It appears to Mr. Hawkins that there was no misrepresentation by the City prior to purchase
of this vehicle by Mr. Taylor, and that legally the City has acted properly. He requested
direction from Council to direct correspondence to that effect to Mr. Taylor.
Council Member Lyden asked what the purchase price was when the vehicle was acquired by
the City. Mr. Hawkins stated that the City paid $3,500, and invested an additional $2,775 in
repairs. Mr. Taylor purchased the vehicle for $3,950.
Council Member Lyden asked whether or not Mr. Taylor inquired of the City or of auction
representatives as to the vehicle having been in an accident. Mr. Hawkins had no knowledge
of any investigation of this nature by Mr. Taylor.
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COUNCIL MINUTES NOVEMBER 12, 1996
• Council Member Lyden suggested that Mr. Taylor recommend two options to Council that he
feels would rectify his issues regarding the vehicle in a fair and reasonable manner.
Council Member Kuether indicated that even if Council went so far as to refund Mr. Taylor's
money and take possession of the vehicle, it would have to be resold at the City's expense.
Mayor Landers suggested that such action might set a precedent for every purchaser of City -
owned equipment to raise unfounded complaints.
Council Member Lyden pointed out that defending such a matter legally would also be costly
to the City.
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Council Member Bergeson referenced a copy of a vehicle title which included a line item that
could be marked if the vehicle had been damaged and the damage amounted to 70% of the
cost. He pointed out that the amount the City paid for repairs to the vehicle represented more
than 70% of the City's purchase price.
Council Member Kuether pointed out that the amount spent by the City for repairs included
considerable additional work beyond repair of the damage which resulted from the accident,
which consisted of a door and side panel.
Council Member Bergeson asked what value that 70% damage comparison would be based
upon --the value before or after an accident. Mr. Hawkins explained that the 70% would be
based upon the value prior to an accident.
Council Member Bergeson asked Mr. Hawkins if he felt comfortable that the City had not
checked this item on the title. Mr. Hawkins explained that due to the age of the vehicle,
legally that disclosure was not required. Mr. Hawkins added that the vehicle came from New
Jersey to the Big Lake auction, and that Mr. Volk did not feel that apparent damage would
amount to more than 70% of the value of the vehicle.
Mr. Hawkins also pointed out that Mr. Taylor's complaints about the vehicle are not the result
of the sideswipe accident which took place four or five years ago.
Council Member Neal moved that Mr. Hawkins be directed to draft correspondence to Mr.
Taylor stating basically that the City has no legal obligation to repurchase his vehicle. Mayor
Landers seconded the motion.
Council Member Bergeson asked the age of the vehicle when it was purchased by the City.
Mr. Hawkins stated that the vehicle was five years old when purchased by the City.
Motion carried, with Council Member Lyden voting no.
NEW BUSINESS
Consideration of Minutes of Special Council Meeting, October 14, 1996 (Council
Member Neal was absent)
Council Member Bergeson moved to approve the minutes of the special Council meeting on
October 14, 1996. Council Member Lyden seconded the motion. Motion carried
unanimously.
COUNCIL MINUTES NOVEMBER 12, 1996
REMINDER, Public Hearing Regarding Organized Solid Waste, Wednesday,
November 20, 1996, 7:00 P.M.
FOR YOUR INFORMATION, Employee Training Session, Thursday, November 21,
1996, 10:00 A.M. to 12:00 Noon and Tuesday, November 26, 1996, 2:00 P.M. to 4:00
P.M.
Consideration of Resolution No. 96 -148 - Mayor Landers explained that this resolution, if
adopted, would represent acceptance of and appreciation for a donation from the Lions Club
in the amount of $244 for implementation of the Mayor's Community Service Award
program. Two community service awards will be presented at the November 25, 1996
Council meeting and two additional awards for 1997 at the second Council meeting in
January, represented by plaques which will be displayed in the City Hall foyer.
Council Member Kuether moved to adopt Resolution No. 96 - 148, as presented. Council
Member Neal seconded the motion. Motion carried unanimously.
Resolution No. 96 - 148 can be found at the end of these minutes.
Quad Newspaper Article - Mayor Landers explained that at the last work session it was
decided that if review of the recent article regarding the City's solid waste issue determined
that the article did not sufficiently represent the issues a special Council meeting would be
held for review. This coming Thursday is the deadline for submitting articles to the Quad,
such a meeting would have to take place tomorrow evening or Thursday morning.
Council Member Kuether stated that she felt the article was good; however, she pointed out
that it referred to only one trash hauler for the entire City, and Council has not yet made that
decision.
Council Member Bergeson stated that details can always be criticized; but that a public
hearing is forthcoming, and there will then be an opportunity for input.
ADJOURN
Council Member Kuether moved to adjourn at 7:28 p.m. Council Member Bergeson
seconded the motion. Motion carried unanimously.
These minutes were considered, corrected, and approved at the Council Meeting, June
22, 1998.
C/Ai i4p-d (� ��rv�On-
ilyn G. nderson, Clerk -Treasurer
Transcribed by:
Judy Pope
TimeSaver Off -Site Secretarial, Inc.
Lre
, Mayor
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Council Member Kuether
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 96-147
RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT FOR
THE TURN BACK OF TRUNK HIGHWAY 49.
WHEREAS, on June 24, 1996, the City Council of Lino Lakes adopted a Resolution No.
96-29 approving a Memorandum of Understanding for the turn back of Trunk Highway
49 from Lilac Street to the Lino Lakes Correctional Facility entrance, said length of turn
back being 0.28 miles;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. that the City of Lino Lakes enter into Mn/DOT Agreement No. 75518 with the State
of Minnesota, Department of Transportation for the following purposes, to -wit: to
provide for turn back , by the State to the City, of the 4th Avenue North section of
Trunk Highway No. 49 between Lilac Street and the entrance to the Lino Lakes
Correctional Facility within the corporate City limits under State Project No. 0204-14
(T.H. 49=326).
2. that the proper City officers are hereby authorized and directed to execute such
agreement.
Adopted by the Lino Lakes City Council this 12th dyy of November, 1996.
Marilyn . 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: Bergeson, Kuether, Lyden, Neal, Landers.
The following voted against same: None.
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 November 12, 1996.
Marilyn G. Anderson
Council Member Kuether
adoption:
introduced the following resolution and moved its
CITY OF LINO LAKES
RESOLUTION NO. 96 -148
RESOLUTION ACCEPTING DONATION FROM THE LINO LAKES LIONS
CLUB
WHEREAS, the Lino Lakes Lions Club was made aware of Mayor Landers desire to
establish a Mayor's Community Service award, and
WHEREAS, the Lino Lakes Lions Club was also made aware of the need to provide
funding to pay for a plaque to be given to the persons receiving a
community service award as well as to purchase a public plaque to be
placed at City Hall. The public plaque will hold the names of this years
community service award winners as well as future award winners,
NOW THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts
the donation of $244.00 and designates its use for the funding of the Mayor's Community
Service Awards for 1996 and 1977. The City of Lino Lakes wishes to express its
gratitude to the Lino Lakes Lions Club for its donation.
Adopted by the Lino Lakes City Council th' : 12th day of November, 1996.
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Marilyn Anderson, Clerk -Treasurer
L. Landers, Mayor
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, Kuether, Lyden, Neal, Landers.
The following voted against same: none.
Whereupon said resolution was declared duly passed and adopted.
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