Loading...
HomeMy WebLinkAbout08/11/1997 Council Minutes (2)• • • COUNCIL MINUTES AUGUST 11, 1997 CITY OF LINO LAKES MINUTES DATE : August 11, 1997 TIME STARTED : 6:34 P.M. TIME ENDED : 8:00 P.M. MEMBERS PRESENT : Bergeson, Kuether, Landers, Lyden, Neal MEMBERS ABSENT : None. Staff members present: City Administrator, Randy Schumacher; City Attorney, Bill Hawkins; Community Development Director, Brian Wessel; City Engineer, David Ahrens; and Clerk - Treasurer, Marilyn Anderson. The agenda was approved as presented. CONSENT AGENDA Council Member Neal asked if the $76 Manual Disbursement for PERA should appear twice. Marilyn Anderson explained that there should only be one $76 entry. Council Member Neal moved to approve the consent agenda. Council Member Kuether seconded the motion. Motion carried unanimously. ITEM MINUTES, July 28, 1997 DISBURSEMENTS: July 31, 1997 ($454,116.34) ACTION August 11, 1997 ($279,979.26, Check Nos. 48357 - 48467) Centennial Fire District (July 15, 1997) OPEN MIKE Approved Approved Approved Approved Recognition of Joyce Scharpen's Community Service - On behalf of the City of Lino Lakes, Mayor Landers presented a certificate of citizenship to Ms. Scharpen in recognition of her dedication to the community, service to the Lino Lakes Charter Committee, and unfailing attendance at public meetings for many years. Ms. Scharpen stated that she considered it a privilege and an honor to attend the City Council and Planning and Zoning Committee meetings. She also commended the staffs of the Council, City Hall and Police Department, stating that they are all doing an outstanding service to the community, and that everyone should attend the public meetings. COUNCIL MINUTES AUGUST 11, 1997 Letter from Tony Sampair, Mayor Landers - Mayor Landers shared with the Council correspondence from Tony Sampair of RE/MAX First dated July 29, 1997, as follows: Dear John Landers, Mayor, and Council Members, I would like to take the time to thank you for support in resolutions in regards to 250 Linda Ave. I would like to point out that working with your staff was absolutely the most professional experience I've ever had. Everyone was very helpful, always caring and willing to assist. I wish more cities could have a staff like yours. The way you conducted your meeting, and how to do it as a City Council exemplifies the utmost professionalism. I would like to commend you and say that you have a great system. Thanks again, Sincerely, Tony Sampair RE/MAX First Broker/Owner Developer Mayor Landers explained that the Staff member with whom Mr. Sampair worked most closely and who was the primary inspiration for Mr. Sampair's letter was Mary Kay Wyland, Planning Coordinator. Kim Sullivan, 7132 Whippoorwill Lane, addressed the Council regarding her request to have certain documents made available to her for review. A list of items requested for review is on file in the City Clerk's office. No one else appeared under Open Mile. 6:30 P.M. - CONTINUATION OF PUBLIC HEARING, LILAC STREET TO LAKE DRIVE AND LAKE DRIVE BEGINNING AT I35W NORTH TO MAIN STREET TRUNK UTILITIES IMPROVEMENT, DAVID AHRENS Mr. Ahrens recapped this matter, as follows: The public hearing for the Lake Drive Trunk Utility Project was opened on July 28, 1997, and continued to August 11, 1997. Outstanding issues include a drainage problem on 79th Street, impact on trees between Lilac Street and 77th Street, studying the extension of utilities from 79th Street to Main Street, and investigation into previous proposals for extending trunk utilities along this corridor. Mr. Ahrens stated that he met with the property owner on 79th Street to discuss the drainage problem. A berm constructed on the south side of the street many years ago is blocking storm water runoff from draining to a small wetland south of 79th Street. This problem is most prevalent during Spring thaw when the ditch is full of snow. Staff concluded that drainage can be improved either in conjunction with the Highland Meadows subdivision or separately by Staff if the Highland Meadows project is not approved by Council. 'File limits of the construction trench for the trunk sanitary sewer was staked along the west side of Lake Drive between Lilac Street and 77th Street_ The trench extends from the edge of -the • • • COUNCIL MINUTES AUGUST 11, 1997 road surface to approximately 25 feet onto each property in this area. It is estimated that approximately 50 trees will need to be cleared and utility easements will be required. Staff will contact these property owners to discuss the possibility of installing the sanitary sewer on the west side of Lake Drive. Council ordered the preparation of a feasibility report for extending trunk utilities on Lake Drive from 79th Street to Main Street at its July 28, 1997 meeting. The report is not complete at this time. This report can be treated as a separate project for Council's consideration to be incorporated into the original project at the time of actual construction, and it is Staffs collective opinion that it is not necessary to continue the public hearing until the report is complete. A separate hearing will be scheduled for those property owners effected by this proposal and can be ordered to be included with the trunk utility project from Lilac Street to 79th Street. Staff has checked City Hall records for any previous proposal to extend trunk utilities along Lake Drive. Unfortunately, Staff has not been able to locate any files with respect to such a proposal within the past 5 or 6 years. Staff is aware of a project proposed 15 to 20 years ago, but was unable to locate detailed information. Mayor Landers opened the public hearing continuation at 6:48 P.M. John Varrone, 7782 Lake Drive, stated that he has lived in Lino Lakes for 11 years, and was here at least 3 or 4 years when a previous proposal for sewer and water on Lake Drive was considered. He stated that information should exist as to work performed at that time and as to related costs. Mr. Varrone then explained that at the time of the previous investigation his property was included within MUSA boundaries. According to Mr. Varrone, installation of sewer and water lines up Lake Drive was suggested but that it was more cost-effective to run lines along the west side of Lake Drive. Mr. Varrone stated that at that time his property was redesignated as being outside MUSA boundaries. He stated that he received a written proposed assessment at that time of $29,000, followed shortly by the Bisel Amendment reducing that assessment amount. He reiterated that he is not opposed to the present proposed improvement project, but that he disagrees with the City paying for additional investigative work. Mr. Varrone then stated that regardless of the route determined for the new lines, laterals should be installed at the same time to service both sides of the street. He expressed concern that his questions remain unanswered. Council Member Neal asked Mr. Ahrens if all residents along Lake Drive had been sent a letter notifying them of the proceedings with respect to this project. Mr. Ahrens explained that the notification area included the area from the Lilac Street intersection north to 79th Street. Council Member Neal stated that the residents of 7631 Lake Drive did not receive notification. With respect to Mr. Varrone's reference to installation of laterals at the time of the initial construction, Mr. Ahrens explained that the City has the option to order this project including installation of laterals with the new trunk lines. Marilyn Anderson indicated that she had independent recollection of sending a notification letter to the residents of 7631 Lake Drive. Council Member Neal indicated that the notification was never received, and that he felt such correspondence should be sent by a method which would produce proof of receipt. Mayor Landers expressed agreement. II/ Council Member Kuether suggested that another notification should be sent to this property owner at th is time_ COUNCIL MINUTES AUGUST 11, 1997 Council Member Neal then asked why the proposed trunk line will be installed so far into the EGM Pipe Company property. Mr. Ahrens explained that the requirement is for the line to be laid 50 feet from the edge of the existing pavement based on the depth of the proposed sewer line. Council Member Neal asked if the line could possibly be installed on the opposite side of the street, to which Mr. Ahrens responded that is an option. Council Member Neal compared this proposed project to others in the past which have made a concerted effort to avoid disturbing existing property and its improvements. Council Member Kuether asked if a proposal including the total amount of construction cost would be forthcoming prior to the end of the 60 -day waiting period. Mr. Ahrens explained that this information would be included in the completed feasibility report, but that it would not include the area up to Main Street. Council Member Kuether stated that she has spoken to a number of property owners on both sides of Main Street who would consider using the new utilities if available to them. Mr. Ahrens explained that under the present proposal service could be extended to the immediate corner properties, but that the MUSA boundary ends with the first property beyond each corner. Council Member Kuether moved to close the public hearing at 7:00 P.M. Council Member Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF 1998 CABLE TV BUDGET, RANDY SCHUMACHER Mr. Schumacher explained that each year the City Council of each member city of the North Central Suburban Cable Communications Commission is asked to review and approve the upcoming year's annual operating budget. In addition, this year the Council is required to approve the operating budget of the North Metro Media Center, which the member cities voted to incorporate into the overall operation this year. He stated that the Commission's operating budget for 1998 is proposed at $216,277. This is an increase of $20,459 over the 1997 budget. The increase is primarily attributable to one-time legal and consultant expenses for the renewal of the franchise agreement. The Media Center budget is proposed at $304,745 for 1998. There is no comparison to 1997, as this is the Center's first year of operation. Finally, Mr. Schumacher explained that under the terms of the agreement entered into with Meredith Cable for the transfer of ownership of the Media Center, the member cities may approve a $0.25 per year increase to the monthly subscriber PEG (public, education and government) Fee. The funds raised will go into a government capital equipment fund designed to replace and upgrade equipment at the Media Center. Member City Administrators and Managers have reviewed and made recommendations with respect to these issues, and Mr. Schumacher recommended approval. Council Member Bergeson moved to approve the 1998 cable TV budget, as presented. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY DEVELOPMENT DEPARTMENT, BRIAN WESSEL Comprehensive Plan Neighborhood Meetings, Thursday, September 4, 1997 and Thursday, September 11, 1997 - Mr. Wessel reminded Council of the above dates, on which these meetings will take place at 6:00 P.M. respectively. He emphasized the importance of these joint task force mcetincs at which Staff will present the results of-discuss:nns thus f,ur OrToinc COUNCIL MINUTES AUGUST 11, 1997 direction of planning efforts with respect to growth of the community will be discussed so that the remaining portions of the comprehensive planning process can be completed. Notice of these meetings will appear in the Quad next week. Consideration of Eminent Domain Resolution No. 97 - 94 - Mr. Wessel explained that in April of 1996 the Metropolitan Council approved a land exchange enabling the City of Lino Lakes and Anoka County to complete the real estate transaction that will transfer 25 acres of park land from the Rice Creek Chain of Lakes Regional Park to the City for public use. The County has requested 100 acres of privately -owned potential park land north of the Pheasant Hills Preserve development to provide an environmental buffer to the regional park from residential encroachment. Mr. Wessel stated that the City of Lino Lakes and Mr. and Mrs. Vaughn agreed in principle to the sale of the 100 acres of park land prior to the Metropolitan Council approval. The agreement involved a combination of cash, waived park dedication fees, and planning considerations. The developer's business circumstances have changed during the past two years and Mr. Vaughn has requested that the transaction be concluded with a cash settlement, to which the City is agreeable. According to Mr. Wessel, the City is agreeable to a negotiated cash resolution to the purchase of the 100 acres of park land. Time is of the essence and the negotiation with Mr. Vaughn is not proceeding with satisfactory speed. Staff recommends approval to begin the eminent domain process on the land while continuing negotiations with Mr. Vaughn. Mr. Hawkins added that in order to begin construction of facilities on the park land according to the proposed schedule, the process to transfer the land must begin immediately. He added that Resolution No. 97 - 94 should be amended to state that the amount of acreage is an approximate figure. Mr. Wessel agreed, adding that the requirement is for at least 100 acres; and that given the complicated nature of the property description, reference to approximately 100 acres would be appropriate. Council Member Bergeson moved to approve Eminent Domain Resolution No. 97 - 94, including the proposed amendment. Council Member Lyden seconded the motion. Council Member Bergeson pointed out that action to establish eminent domain is relatively standard in such cases, and that this motion should not be further delayed. Mr. Schumacher explained that some unforeseen issues surfaced which delayed negotiations. Motion carried unanimously. Resolution No. 97 - 94 can be found at the end of these minutes. CITY ENGINEER'S REPORT, DAVID AHRENS Consideration of Resolution No. 97 - 88, Marvy Street/Leonard Avenue Sewer and Water Improvements, Order Improvement and Preparation of Plans and Specifications - Mr. Ahrens provided the following background for this item: The public hearing for the Marvy Street and Leonard Drive Utility Project was closed on April 28, 1997. The 60 -day waiting COUNCIL MINUTES AUGUST 11, 1997 period expired on June 27, 1997, and a petition overwhelmingly against the project signed by 23 S- of the 36 property owners was received by Council on July 28, 1997. •`.. This project was initiated by Staff as a result of discussions with a property owner who experienced septic system failure and has certain limitations on his ability to replace his current system. The subject property has a drainage easement bisecting the property that restricts useable land for a septic system, and the ground water is high which requires a mound septic system. One other property owner in the project area has submitted a septic system repair permit to the City, which is presently on hold pending resolution of the overall project. This property is not subject to the limitations described above. Another issue related to this project is the lack of Metropolitan Urban Service Area (MUSA) designation on the properties in the project area. Until the City completes its Comprehensive Land Use Plan, MUSA can only be designated on properties that prove septic system failure. Staff is aware of three property owners who have septic systems in need of replacement. The remaining property owners must wait until the City completes its Comprehensive Land Use Plan. The total estimated project cost as presented at the public hearing is $806.730. The proposed assessment to each property owner was originally $25,000 to $30,000, but Staff revised the assessment formula for this project and the resulting assessment presented at the public hearing was $13,650 per lot. Mr. Ahrens reviewed suggested options for Council's consideration, as follow: 1. Adopt Resolution No. 97 - 88 that does not order the project. This option could be considered at this time due to the fact that the City's land use plan is not complete and the Ill project is premature until such time as the plan is complete. This option does not directly address the septic system failure issue that initiated this proposal. Mr. Ahrens added that he has looked into the possibility of an experimental treatment system intended for unique areas such as this one. 2. Adopt Resolution No. 97 - 88 that orders the project as presented in the feasibility report. This includes the installation of sanitary sewer and water main in the entire length of Marvy Street and Leonard Drive from Marvy Street to Bradley Street. The City would have to provide interim financing for the entire project cost estimated at $806,730. 3. Adopt Resolution No. 97 - 88 that orders the project on a smaller scale. This option could include the installation of sanitary sewer and water main to serve the three properties that have shown that they have a failed septic system. Assuming that all three property owners connect to the utilities, the City will receive approximately $41,000 in assessments out of the estimated project cost of $400,000. If only the closest property owner connects to the utilities the total cost is estimated at $200,000 with approximately $14,000 collectable by the City in assessments. The project scope under this option could be.adjusted to accommodate other property owners' future requests of the City. Smaller projects tend to be higher on a per-unit cost basis due to the smaller quantities of work. 4. Return to Staff for review. Considering the overwhelming opposition to this project and the lack of MUSA designation, Staff recommends adoption of Resolution No. 97 - 88, Option 1, which does not order the project. • • COUNCIL MINUTES AUGUST 11, 1997 Mayor Landers asked if the experimental system Mr. Ahrens mentioned would be a better alternative than a mound system. Mr. Ahrens stated his understanding is that its advantage would be that it is slightly less expensive than a mound system. Council Member Kuether asked why the term "experimental" was used. Mr. Ahrens explained that this is because it does not meet 780 NPCA Code but is acceptable to the NPCA. Mayor Landers indicated that he would like to see a cost estimate for installation of such an experimental system. Council Member Kuether expressed concern regarding future costs. Mr. Ahrens explained that future assessments such as inspection fees would be at the City's discretion. Council Member Bergeson asked Mr. Wessel if Council could order acceleration of the Comprehensive Plan for this area to respond to the needs of these property owners prior to completion of the Plan. Mr. Wessel indicated that he would look into spotlighting this area, perhaps expediting the process due to immediate need. Council Member Kuether asked if this issue could be revisited sooner than at the end of the requisite one-year waiting period which must pass prior to reconsideration of a project which is met with majority opposition. Mr. Ahrens deferred to Mr. Hawkins, who explained that the Charter dictates the 12 month period must be observed. He further explained that according to State statute there is a maximum period of 6 months within which the Council must act following the date a public hearing is closed. Mr. Hawkins clarified for Council Member Kuether that this process could be reversed by withdrawal of the negative petition. Mayor Landers asked how the date by which Council must act on the project coincides with the projected Comprehensive Land Use Plan Task Force Committee's schedule for completion of work in this area. Mr. Wessel explained that it should take 4 to 6 months to finalize the Committee's recommendation, and the actual allocation of MUSA acreage would probably occur far beyond that time frame. He further explained that the Metropolitan Council has recently loosened requirements regarding areas which can be designated MUSA; but that further investigation would be required, as MUSA allocation is the primary issue. In other words, even when the Comprehensive Land Use Plan Task Force Committee makes its recommendation, MUSA designation might not be in place. Council Member Kuether moved to approve Resolution No. 97 - 88 pursuant to the terms of Option 1, not ordering the project. Council Member Neal seconded the motion. Council Member Bergeson asked about the status of the subject property absent this project going forward. Mr. Ahrens explained that he planned to contact the affected property owners if Resolution No. 97 - 88, Option 1 is adopted and suggest that they contact the company that installs experimental septic systems. Motion carried unanimously. Resolution No. 97 - 88 can be found at the end of these minutes. Consideration of Resolution No. 97 - 89, Cedar Street Utility Improvements, Approve Plans and Specifications and Approve Change Order - Mr. Ahrens explained that GNW, Inc. is constructing a Tight industrial facility on Cedar Street, and requires sanitary sewer and water COUNCIL MINUTES AUGUST 11, 1997 service prior to opening in October. It was originally planned that the utility work would be incorporated into the Otter Lake Road realignment project. However, due to design delays, it is apparent that this will not occur in a timely manner. It is not possible at this time to bid this work separately and meet the October deadline. The utility work can be completed in time by executing a change order to an existing City contract. Staff recommends approval of Resolution No. 97 - 89. Mayor Landers asked if extending sewer and water would require tearing out present blacktop. Mr. Ahrens explained that a portion of the blacktop would be reworked. Council Member Lyden asked when this project is to be completed. Mr. Ahrens explained that it is scheduled to be completed by Labor Day, and thus will not interfere with school traffic. Council Member Bergeson moved to approve Resolution No. 97 - 89, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 89 can be found at the end of these minutes. Consideration of Resolution No. 97 - 90, Apollo Drive, Phase #3, Order Preparation of Report on Improvement (4/5ths Vote) - Mr. Ahrens stated that Staff is asking Council for authorization to prepare a feasibility study to investigate the construction of Apollo Drive, Phase 3 from Lilac Street to Lake Drive. The report will include property acquisition, cost estimates, preliminary assessment roll, and proposed road section. This segment of road will complete Apollo Drive from Sunset Road to Lake Drive, as originally planned by the City and County. A 4/5ths vote is required to order this study as both Charter and Charter -exempt properties are present within the preliminary alignment. Staff recommended approval of Resolution No. 97 - 90. Mr. Ahrens added that completion of this project is essential in order to improve current traffic problems in this area. Council Member Kuether moved to approve Resolution No. 97 - 90, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 90 can be found at the end of these minutes. Consideration of Resolution No. 97 - 91, Order Preparation of Report on Improvements, Town Center Parkway Street Improvements - Mr. Ahrens explained that Staff is asking Council for authorization to prepare a feasibility study to investigate the extension of Town Center Parkway from Village Drive to the proposed Civic Center complex, as well as utility improvements. The report will include cost estimates, preliminary assessment roll, and proposed road segment. This segment of road is necessary to provide access to the Civic Center complex including the future police station, Early Childhood Learning Center, and City Hall. According to Mr. Ahrens, the subject property is within the Charter -exempt portion of the City; therefore, pursuant to Minnesota Statutes, Chapter 429, Council is required to order the preparation of a report studying the proposed improvements. Staff recommended approval of Resolution No. 97 - 91. • • • • COUNCIL MINUTES AUGUST 11, 1997 Mr. Wessel clarified that his reference to "Public Facilities" is the same as Mr. Ahrens' reference to "Civic Center Complex". He explained that for more than two years he has worked with Mr. Funkhauser who owns land the City has acquired in connection with the proposed facilities, and that he has been extremely cooperative. Mr. Funkhauser's first question was whether the City was interested in purchasing his land for development. Mr. Wessel told Mr. Funkhauser that it was not, but that there was interest on the part of the City in acquiring an easement across the property for such purposes as access to the project area and the emergency exit between the Police Station and Marshan Lake. Mr. Wessel indicated that he is currently negotiating with Mr. Funkhauser for such an easement. This is important from a development point of view to move on this feasibility report. Council Member Lyden moved to approve Resolution No. 97 - 91, as presented. Council Member Bergeson seconded the motion. Motion carried unanimously. Resolution No. 97 - 91 can be found at the end of these minutes. Consideration of Resolution No. 97 - 92, Order Preparation of Report on Improvements, Lilac Street Trunk Utility Extension (4/5ths Vote) - Mr. Ahrens explained that Staff is asking Council for authorization to prepare a feasibility study to investigate the extension of trunk utilities along Lilac Street that will serve Behm's Century Farms 4th, 5th and 6th additions and adjoining areas. The report will include cost estimates, preliminary assessment roll, and note any issues related to the extension of utilities. According to Mr. Ahrens, Lino Lakes City Charter requires Council to order by a 4/5ths vote the preparation of a report studying the proposed improvements. Staff recommended approval of Resolution No. 97 - 92. Council Member Kuether asked if the cost for this project was being picked up by the developer. Mr. Ahrens responded yes. Council Member Lyden asked if this is the addition using banked MUSA land, to which Mr. Ahrens responded yes. Council Member Bergeson asked how many acres would be involved. Council Member Kuether responded between 23 and 25 acres. Council Member Kuether moved to approve Resolution No. 97 - 92, as presented. Council Member Neal seconded the motion. Motion carried with Council Member Lyden voting no. Resolution No. 97 - 92 can be found at the end of these minutes. Consideration of Resolution No. 97 - 93, Marshan Condominiums, Final Payment - Mr. Ahrens stated that the contractor for the Marshan Condominium street and utility improvements is requesting final payment on the contract in the amount of $25,757.49. The contract award amount was $564,368.40, and the final contract amount is $561,509.70 (which is $2,858.70 less than the amount at the time the contract was awarded). This small difference is due to actual materials used versus estimates during design of the project. The contractor has submitted the necessary forms indicating payment to subcontractors, as well as an affidavit of withholding. Acceptance of final payment by Council starts the one-year warranty period. Staff recommended approval of Resolution No. 97 - 93. COUNCIL MINUTES AUGUST 11, 1997 Council Member Kuether moved to approve Resolution No. 97 - 93, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Resolution No. 97 - 93 can be found at the end of these minutes. OLD BUSINESS - None. NEW BUSINESS Acknowledging Petition Against Ware Road Improvement Project, Marilyn Anderson - Ms. Anderson explained that on June 23, 1997 a public hearing was held regarding this project. The 60 -day waiting period will end on August 23, 1997. On July 31, 1997 she received two petitions regarding the Ware Road improvement project. One petition against the project contains 37 signatures (or 75% of the owners). There are 20 property owners proposed to be assessed. The second petition contains 10 signatures. She verified the signatures on the petitions as being those of registered City voters. No action is being requested at this time. Consideration of Approving Liquor License for Blaine American Legion Club #566, Marilyn Anderson - Ms. Anderson reviewed the Blaine Legion Club's original application for a liquor license for the B & E building. The police department conducted its investigation, finding nothing that would prevent the issuance of a liquor license. However, it was subsequently determined that the B & E building is within 1000 feet of Gethsemane Methodist Church, and the liquor license was denied. Ms. Anderson explained that the Blaine Legion Club now has entered into a purchase agreement • with the owners of 416 Lilac Street, and has requested that its liquor license application be transferred to that site which is on the southeast corner of Lilac Street and 4th Avenue, across from the prison facility. Discussion followed regarding whether a building at the prison qualifies as a school. If it does, a license for the 416 Lilac Street site would also be denied, because there is only 891 feet between the front door at 416 Lilac Street and the building on the prison grounds. Ms. Anderson discussed this matter with Mr. Hawkins, City Attorney. He opined that the prison building would not be considered a school as described in the City Code. Therefore, 416 Lilac Street is eligible for issuance of a liquor license. Considering the above, Ms. Anderson recommended approval of this liquor license. Council Member Neal moved that the Blaine American Legion Club #566 liquor license be granted for 416 Lilac Street. Council Member Bergeson seconded the motion. Motion carried with Council Member Lyden voting no and Council Member Kuether abstaining. Data Practices Issues, Mayor Landers - Mayor Landers read the following summary of correspondence from Attorney Ann Goering: The City hired an attorney to provide it with advice in respect to involving city employees. The City was under the impression that it was required to record meetings. private data the closed • COUNCIL MINUTES AUGUST 11, 1997 • The Minnesota Open Meeting Law requires closed meetings to be recorded only when the meetings are to discuss labor negotiations. An accurate record of the action taken by the City Council with respect to the issues addressed in the closed meeting exists separately, therefore there is no need for this data. • The tapes themselves create security and storage problems, as the information contained within is subject to the attorney-client privilege. Therefore I feel that the City of Lino Lakes needs to request that the Records Disposition Panel issue an order allowing destruction of the data in question. Mayor Landers recommended that permission be requested from the Minnesota Historical Society to dispose of the tapes and summaries of the tapes. Council Member Bergeson asked if this request would include the printed copy of Michelle Miller's written report as well as tapes, to which Mayor Landers responded yes. Council Member Lyden expressed concern about public perception of such action as an attempt by the City to hide something. Council Member Kuether stated that in her opinion the subject meeting should not have been recorded on tape in the first place. Mayor Landers indicated that Attorney Goering is presently storing this material, which is not intended for return to City Hall. He added that Attorney Goering recommends the City obtain permission to dispose of the material. Council Member Bergeson pointed out that in Ms. Goering's letter she stated that information from investigation of the subject personnel matter was intermingled with private data which would be illegal for Council to disburse. In Ms. Goering's opinion it would not be possible to separate the two without disturbing the integrity of the original document. Council Member Bergeson suggested that retaining the data would put the City in a difficult legal position, as it is not public record; and he supports requesting the Historical Society's permission to dispose of it. Council Member Kuether expressed apprehension regarding carrying out the recommendation of Ms. Goering based on past experience with unsound legal advice. Mr. Hawkins verified Mayor Landers' suggestion that this matter should be formalized through a resolution authorizing Council to request permission of the Minnesota Historical Society to dispose of the subject material, which will be added by the City Clerk. Council Member Lyden moved to deny destruction of the subject material. Motion failed in the absence of second. Council Member Bergeson moved to request permission from the Minnesota Historical Society to dispose of the subject records as recommended by Attorney Goering. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden voting no and Council Member Neal abstaining. COUNCIL MINUTES AUGUST 11, 1997 ADJOURN Council Member Neal moved to adjourn at 8:00 P.M. Council motion. Motion carried unanimously. These minutes were considered, corrected, and approved at the 25, 1997. Member Lyden seconded the regular Council Meeting, August Marilyn G. Anderson, Clerk -Treasurer J Transcribed by: Judy Pope Time Saver Off -Site Secretarial • • • Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 97-88 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS - MARVY STREET AND LEONARD DRIVE UTILITY IMPROVEMENTS. WHEREAS, a petition was received by Council against the improvement of Marvy Street from Sunset Road to Jon Avenue and Leonard Street from Marvy Street to Bradley Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The project is not ordered to proceed. Adopted by the City Council this 11th day of Aug st, 1997. Jahn L. Landers, Mayor Marilyn G. Anderson Clerk -Treasurer The motion for 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 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 August 11, 1997. N1ar�lyn G. Anderson, Clerk -Treasurer Council Member Bergeson adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97 - 89 RESOLUTION AUTHORIZING THE CITY ENGINEER TO CONSTRUCT THE CEDAR STREET UTILITY EXTENSION PROJECT AS A CHANGE ORDER TO THE CENTENNIAL MIDDLE SCHOOL STREET AND UTILITY PROJECT WHEREAS, the city engineer has prepared plans and specifications for the improvement of Cedar Street by constructing sanitary sewer and water mains and services and has presented such plans and specifications to the council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city engineer shall proceed under the direction of the council, as given from time to time, to construct the Cedar Street Utility Extension Project as a change order to the Centennial Middle School Street and Utility Project. Adopted by the Lino Lakes City Council this llth day of August, 1997. hn L. Landers, Mayor .)4 alyn G. 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 declared passed and adopted. • Council Member adoption: Kuether introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-90 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS - APOLLO DRIVE, PHASE 3, STREET IMPROVEMENTS. WHEREAS, it is proposed to improve the Apollo Drive from Lilac Street to Lake Drive by constructing street, curb and gutter, and storm sewer and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer, or his assigns, for study and that he is instructed to report to the 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 1 l th • . y of August, 1997. • Marilyn G. Anderson, Clerk -Treasurer L. Landers, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson 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 August 11, 1997. Marilyn G. Anderson Council Member Lyden adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-91 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS - TOWN CENTER PARKWAY. WHEREAS, it is proposed to improve Town Center Parkway from Village Drive to the proposed Public Facilities by constructing street, curb and gutter, and storm sewer, sanitary sewer, and watermain and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer, or his assigns, for study and that he is instructed to report to the 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 l It day of August, 1997. , Jhn L. Landers, Mayor aaiilY n G. Anderson Clerk -Treasurer The motion for adoption of the foregoing resolution was duly seconded by Council Member Bergeson 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 August 11, 1997. /371 zzr. Marilyn G. nderson • • Council Member Kuether adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 97-92 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS - LILAC STREET TRUNK UTILITY EXTENSION PROJECT WHEREAS, it is proposed to improve Lilac Street from the westerly edge of Behm's 2" Addition to Laurie Avenue and Laurie Avenue from Lilac Street to Thomas Avenue and Thomas Avenue from Laurie Avenue to unnamed street and an unnamed street north of Thomas Avenue by constructing sanitary sewer and water supply systems and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and the Lino Lakes Charter, Chapter 8, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Engineer, or his assigns, for study and that he is instructed to report to the 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 llth day of August, 1997. Marilyn G. Afiderson, Clerk -Treasurer L. Landers, Mayor The motion for 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, Neal, Landers. The following voted against same: Council Member Lyden. 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 August 1 1, 1997. Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 97-93 RESOLUTION APPROVING PAYMENT 7 (final) FOR MARSHAN CONDOMINIUM STREET AND UTILITY IMPROVEMENTS WHEREAS, the construction of Marshan Condominium Street and Utility Improvements has been completed by C. W. Houle, Inc., and; WHEREAS, the one-year warranty period for this project will begin with the final payment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Payment number 7 (final) in the amount of $25,757.49 is approved for a total contract amount of $561,509.70. Adopted by the City Council this 11th day of gust, 1997. J : hn L. Landers, Mayor Marilyn G. 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 declared 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 August 11, 1997. Marilyn G. Anderson, Clerk -Treasurer • Member Bergeson introduced the following resolution and moved its adoption: LINO LAKES CITY COUNCIL RESOLUTION NO. 97-94 EMINENT DOMAIN RESOLUTION WHEREAS, the City of Lino Lakes proposed to develop 25 acres in the Lino Lakes Village project for a public facilities complex, and WHEREAS, Anoka County has agreed to covey title of the 25 acres currently within the Rice Creek Chain of Lakes Regional Park Reserve to the City in exchange for approximately 100 acres of parkland in the southern portion of the park preserve, and WHEREAS, the City needs to acquire the 100 acres of parkland from the property owner, and WHEREAS, the Metropolitan Council has approved the land exchange within the park preserve, and • WHEREAS, Lino Lakes has the authority to acquire land for public park purposes by eminent domain pursuant to Minn Stat. No. 117; NOW THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the acquisition of said land by eminent domain, pursuant to Minn. Stat. No. 117, and BE IT FURTHER RESOLVED, that the City Attorney is requested to file the necessary petition therefore, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated. Dated: August 11, 1997 ATTEST: moo, ]Marilyn G. Anderson, Clerk -Treasurer • —444 John L. Landers, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Lyden and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. and the following voted against same: none. Whereupon said resolution was declared duly passed and adopted. •