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HomeMy WebLinkAbout09/28/1998 Council MinutesCOUNCIL MINUTES SEPTEMBER 28, 1998 CITY OF LINO LAKES MINUTES DATE : September 28, 1998 TIME STARTED : 6:53 P.M. TIME ENDED : 8:13 P.M. MEMBERS PRESENT : Bergeson, Dahl, Neal, and Mayor Sullivan MEMBERS ABSENT : Lyden Staff members present: Interim City Administrator, Dave Pecchia; City Attorney, Bill Hawkins; Consulting Engineer, John Powell; Community Development Director, Brian Wessel; and Planning Coordinator, Mary Kay Wyland. SETTING THE AGENDA Mayor Sullivan stated item 4D has been removed. Council Member Bergeson added item 4G, Ware Road Improvements. Mr. Pecchia added item 8C, Approval of Settlement for the Martinek Parcel. Council Member Dahl added item 4H, Environmental Board. The amended agenda was approved as presented. CONSENT AGENDA Council Member Nealmoved to approve the Consent Agenda, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. ITEM ACTION DISBURSEMENTS: September 28, 1998 (Check No. 52410 - 52594, $668,128.12) Approved September 11, 1998 SAC ($5,329.52) Approved Centennial Fire District, September 18, 1998 Approved • Mayor Sullivan reminded those present of the guidelines for audience participation in City Council meetings, emphasizing the need for respectful dialog. COUNCIL MINUTES SEPTEMBER 28, 1998 OPEN MIKE Ms. Pat Rickaby, 59 North Road, came forward and read a statement regarding the two (2) Council Members that will not support the Comprehensive Plan with specific ingredients. That means the Comprehensive Plan will not be accepted by a 4/5 vote. She suggested a proposed plan be presented from Council Members Dahl and Lyden and forwarded to the Metropolitan Council along with the Task Force plan. A vote could be taken on both plans. She encouraged staff to meet with Council Members Dahl and Lyden to put together a plan. POLICE DEPARTMENT REPORT, DAVE PECCHIA Consider Full -Time Employment of Daaron Arnold for Police Officer - Mr. Pecchia stated that at the August 24, 1998, Council meeting, Mr. Daaron Arnold was approved for the part-time CSO position. Mr. Arnold was also a top candidate for the full-time police officer position. As a more extensive background investigation is conducted on police officer candidates, it had not been determined who would be chosen for the police officer position. Since the August 24, 1998, Council meeting, the background investigation has been completed and Mr. Arnold is the applicant that Mr. Pecchia are recommended for the full-time police officer position. Council Member Neal moved to approve the recommendation of Mr. Daaron Arnold for the full- time police officer position. Council Member Bergeson seconded the motion. Motion carried unanimously. Consider Permanent Part -Time Employment of Steven Bikkie for Community Service Officer (CSO) - Mr. Pecchia stated there is now a vacancy in the CSO position. Based on the eligibility list, Mr. Steve. Bikkie is the next candidate for consideration. Mr. Bikkie is a Centennial High School graduate. He recently graduated from North Hennepin Community College with an AS Degree in Law Enforcement. He has been employed with Regions Hospital in St. Paul providing security for hospital visitors, staff, and patients. Mr. Bikkie has served as a Reserve Officer for the Circle Pines Police Department, and served as a Captain of their Explorers Unit for 4 1/2 years. Mr. Bikkie possess the qualifications for the position. Mr. Pecchia requested that Mr. Steve Bikkie be hired contingent upon a satisfactory background investigation. His employment will begin on October 6, 1998. Council Member Neal asked if Mr. Bikkie had worked for the City of Centerville. Mr. Pecchia indicated Mr. Bikkie has worked for the Circle Pines Police Department as a Reserve Officer. Council Member Neal moved to approve the recommendation of Mr. Steve Bikkie for the part- time Community Service Officer position dependent upon a satisfactory background investigation. Council Member Bergeson seconded the motion. Motion carried unanimously. 2 • • • COUNCIL MINUTES SEPTEMBER 28, 1998 Mayor Sullivan congratulated Mr. Arnold and Mr. Bikkie on their new positions. COMMUNITY DEVELOPMENT DEPARTMENT Consideration of a Variance, D. Mason, 62254 West Bald Eagle Boulevard, Mary Kay Wyland - Ms. Wyland stated Mr. and Mrs. Mason have purchased the property at 6225 West Bald Eagle Blvd. and plan some extensive remodeling of the property. They have currently gutted the inside of the dwelling and applied for a building permit to add a second level. The original building was constructed some time prior to 1959. They have also contracted to install a new well in the front of the home and a mound septic system in the rear. Ms. Wyland stated the matter is being presented to the Council because of Section 3, Subdivision 2, Non -Conforming Uses and Structures, Section B.9 of the Zoning Ordinance. The non- conformity exists in the fact that the dwelling is too close to both Rolling Hills Drive and West Bald Eagle Boulevard. The setback is approximately 14 feet from West Bald Eagle Blvd. and 10 feet from the paved portion of Rolling Hills Drive. The Ordinance requires a setback of 30 feet from both roadways. Rolling Hills Drive appears to be constructed on an old cartway and is not a typical 60 foot wide street right of way. The Mason's need a variance to allow an expansion of the dwelling size even though they will not be increasing the setback non -conformity since they are building up, not out. The proposed expansion involves not only interior remodeling but a 1,118 square foot second story consisting of three (3) bedrooms and two (2) baths. The estimated value of this addition, for building permit purposes, is $80,000. Ms. Wyland reviewed the Variance Criteria provided in the Ordinance. Ms. Wyland noted the Planning & Zoning Board reviewed this matter at their September, 1998, meeting and recommended approval of the Variance as submitted by a unanimous vote. There was also a discussion regarding the possibility of changing the wording of the Ordinance. Council Member Bergeson asked if this will be less conforming , more conforming, or no change in conformity. Ms. Wyland indicated there will be no change in conformity. Mayor Sullivan asked about setback options and if moving this will still allow room for an alternate system. Ms. Wyland indicated the applicant has already installed a new septic system. Mr. Mason stated he has plans to install a new septic system. There are no other options for sewer and water. Ms. Wyland stated the applicant plans to upgrade the new system and drill a new well. Mayor Sullivan asked if the applicant plans to make the changes prior to living there. Mr. Mason said yes. Mayor Sullivan expressed concern regarding the setbacks, the close proximity, and possible right-of-way. Ms. Wyland stated the home is 14 feet from West Bald Eagle Boulevard. which allows for 60 feet of right-of-way. The City does not have right-of-way on Rolling Hills Drive. The survey shows 32 feet. COUNCIL MINUTES SEPTEMBER 28,1998 Mayor Sullivan asked about the possibility of West Bald Eagle Blvd. being expanded. Ms. Wyland stated she very much doubts West Bald Eagle Blvd. will be expanded. Council Member Bergeson moved to approve variance to Section 3, Subdivision 2, B.9 of the City's Zoning Ordinance. Council Member Dahl seconded the motion. Motion carried unanimously. Mr. Mason clarified that his family is living in the home now. They will not occupy the third floor until the construction is finished and the septic system is in. Consideration of a Minor Subdivision, Behm's Century Farm, Margaret Trast, 7744 Sunset Road, Mary Kay Wyland - Ms. Wyland stated Mr. Gary Uhde would like to purchase the rear 375' of Lot 5, block 1, Sunset Oaks (7744 Sunset Road) for future inclusion into the Behm's Century Farms 5th or 6th Additions. The parcel would consist of 1.41 acres and leave .69 acres with the existing homestead. Mr. Uhde is currently talking with several property owners along Sunset Road regarding their inclusion in his future development of Behm's Century Farms as he did with property owners along Lilac. In January of 1997 the City approved a similar minor subdivision and rezone for five (5) parcels along Lilac Street. The property is currently Zoned Rural and a rezone is not scheduled at this time. However, rezoning could be considered at the October meeting of the Planning & Zoning Board if the Board determines it would be more appropriate to review these items simultaneously. In the alternative, a rezone could be considered at the time a preliminary plat is considered that would incorporate this site in future phases of Behm's Century Farms is considered. As with the request reviewed in early 1997, several issues surfaced and are paraphrased below from the January 3, 1997, NAC report: Factors Discouraging Approval: Non -conforming Lots - The existing lot is non- conforming with regard to lot area for unsewered lots. Further reduction in lot size raises concern for potential on-site system failure prior to extension of utilities. MUSA - The subject property is not within the MUSA nor is it within an area that we can draw from our MUSA Bank. The City's draft Comprehensive Plan does not show this area in the first phase of development between 1998 and 2010 with the possibility of additional MUSA allocation upon adoption and approval of the plan by the City Council and Metropolitan Council. However, the fact that the plan has not yet been approved may deem this proposal premature. Future Development - Without similar land purchase with adjoining property owners it may be difficult to incorporate this parcel into future development of Behm's Century Farms. 4 • • COUNCIL MINUTES SEPTEMBER 28, 1998 Factors Supporting Approval: Comprehensive Plan - The City's 1990 Land Use Map indicated this area of the City as low density residential use as does the draft Comprehensive Plan. The proposed subdivision would be consistent with these plans and suggested future plans for the area. Adjacent Uses - The property is adjacent to the original Phase 6 of the Behm's Century Farms Development which is currently Zoned R-1. This subdivision would provide additional land for future expansion of this development and therefore be consistent and compatible with the planned development of the area. Lot Design - Upon rezone to R-1 the lots would meet the requirements of that Zoning District and future phases of Behm's Century Farms. Ms. Wyland noted the Planning & Zoning Board reviewed this matter at their September 9, 1998, meeting and recommended approval with conditions. Council Member Bergeson asked if available sewer meant running up Sunset or sewer in the future development from behind the property. Mr. Powell stated that sewer and water could become available from the east in the Behm's Century Farm subdivision. No lines will be on Sunset road. The City has looked at locating a lift station in that area. It would be easy to provide a stub there. Council Member Bergeson stated the Ordinance allows one acre to be divided off to preserve the homestead dwelling. He stated this is not one acre. Mr. Powell stated that was mentioned and is used in rural. It does not apply to this subdivision or on Lilac. The Planning & Zoning Board did not see this as a concern because there is an alternate site. Five (5) lots on Lilac were split into less that one acre lots. Mayor Sullivan stated she was torn on this issue. The City fought to avoid premature subdivisions. An alternative site is available once the subdivision is divided. She asked how the lines would run. She stated she does not want other property owners in the position of having to hook up to sewer and water just because it is available. She stated she is not sure if she supports the agreement that the property owner must hook up in the future. This is appropriate for low density use. She stated Mr. Uhde needs to understand the zoning may not change. Mr. Powell indicated Mr. Uhde is aware of the risk. Mayor Sullivan stated that Mr. Uhde has always been cooperative with the City. She expressed concern regarding building on hydric soils. She stated the City must be careful that it is appropriate buildable land and testing could be done. She stated Mr. Uhde needs to be clear that the property may never be developed. Council Member Dahl noted the Planning & Zoning Board may consider rezoning at their • October, 1998, meeting. Mr. Powell stated it may be more appropriate to wait to rezone. COUNCIL MINUTES SEPTEMBER 28, 1998 Council Member Dahl asked when the 5th and 6th Addition will be developed. Mr. Uhde stated the 5th Addition will be developed in 1999. The 6th Addition will be developed in 1999-2000. The utility system will be integrated. The Trast property will probably be in the 6th Addition. He stated he has met with two (2) property owners to the south. He stated the Council asked him to work with the property owners. He indicated he is looking to get the entire neighborhood to look at the possibility of development. Council Member Dahl asked how the residents are responding. Mr. Uhde stated the residents are thankful that he is visiting with them. They have been very helpful. The residents understand that change is coming. Not all of them like change. However, knowing that change is coming allows them to plan ahead. He stated he has received a mixed reaction from the residents. Council Member Dahl asked how many property owners are involved in the 5th and 6th Additions. Mr. Uhde stated there are 20 or more property owners involved. There are 10-12 on Lilac and Sunset. Ghost plats have been developed. He has discussed options with the residents. He stated that out of 20-22 residents, probably 12 will stay. Council Member Dahl asked if most of the residents are then in favor of the development. Mr. Uhde stated that most of the residents are in favor of development. Council Member Bergeson stated the issue does not involve Mr. Uhde's purchase. He stated the issue is the homestead piece. The question is if the City is accepting of the configuration. Mr. Uhde has to comply with the ordinances in place when he develops. Mayor Sullivan agreed with Council Member Bergeson. She stated the City needs to try to look at the rest of the area and the impact on the area. She asked if Council Member Bergeson is concerned with the size of the parcel that would be left. Council Member Bergeson indicated he is not concerned. Mayor Sullivan stated the point is whether it is acceptable to leave lots smaller than a one acre homestead. She stated Mr. Uhde will provide a buffer if necessary. There is an alternative site for the sewer. She stated clarification is needed whether the fourth condition needs to be included. She expressed concern regarding the fourth condition and the impact it would have on other residents and their septic systems. Council Member Neal noted the City of Blaine may run sewer up that street also. Council Member Bergeson moved to approve minor subdivision with the following conditions: 1. A rezone from Rural to R-1 be approved prior to development of the remnant parcel. 2. No building permits be issued prior to rezone and redevelopment of the remnant parcel. 6 • • • COUNCIL MINUTES SEPTEMBER 28, 1998 3. The westerly parcel, containing the homestead, be required to connect to unicipal sewer service at such time as service lines are extended to serve the area. 4. Staff ensures the agreement provide a provision for the septic system upgrade prior to City sewer availability if necessary, and the property owner be advised that connection to City sewer, if available, will be required upon septic system failure. Council Member Neal seconded the motion. Motion carried unanimously. Consideration of Resolution No. 98 - 144, Setting Public Hearing on the Establishment of a Redevelopment Project Plan, Brian Wessel - Upon adoption of the agenda, this item was deleted. Mr. Wessel noted this item will come before Council at the October 12, 1998, meeting. Comprehensive Plan Update, Brian Wessel - Mr. Wessel stated the final wrap up of the Comprehensive Plan Task Force was Thursday, September 24, 1998. The Task Force has been working on the Comprehensive Plan for two (2) years. The Task Force will be making a recommendation to Mr. Brixius for submission to the Planning & Zoning Board on October 14, 1998. The Comprehensive Plan will be submitted to the Council on October 26, 1998. He stated it is the intent of staff to submit the Comprehensive Plan to the Metropolitan Council with majority approval. Mr. Wessel noted the Vision Bus Tour is scheduled for October 10, 1998, and has been widely publicized. Ms. Wyland stated the group going on the tour will meet at City Hall at 9:00 a.m. Reservations are being taken. The City currently has 25-30 reservations. Refreshments will be served prior to the tour of the Civic Complex. Mr. Wessel stated he would like to show appreciation to the Task Force for their enormous effort. Mayor Sullivan agreed and stated that special recognition should be given to the Task Force. She asked Mr. Wessel to let the Task Force know the Council does appreciate their work. She stated that Ms. Rickaby made a recommendation regarding the Comprehensive Plan. The City needs to look at all options to send the Comprehensive Plan to the Metropolitan Council. She expressed concern over the amount of money that has already been spent on the Comprehensive Plan. She stated is a solid plan and is an empowering document for the vision of the City. She stated she does not want to spend money to redo the plan. She stated the Task Force has asked for a meeting with Council Members Dahl and Lyden. Council Member Dahl asked if they requested the meeting in writing. She does not have cable and therefore did not see the meeting on September 24, 1998. Mayor Sullivan stated she would expect more interest if the plan was to be approved on September 24, 1998. Mr. Schaps asked Council Members Dahl and Lyden to sit down and discuss options. The intent is to put together items where there is common ground so the COUNCIL MINUTES SEPTEMBER 28, 1998 Comprehensive Plan can be approved. She asked Council Member Dahl to move forward on the discussion this week. She stated Mr. Schaps invitation extended to contact him or any of the Task Force members. Council Member Dahl stated she will forward the message to Council Member Lyden. Council Member Bergeson stated the City has had a suggestion from citizens to have the Comprehensive Plan Task Force go to the Planning & Zoning Board, Council, and Metropolitan Council with a minority report along with it. This should come as a recommendation from the Task Force and not the Council. If another plan is developed and sent in another form other than what is presented to Council, the Council should not impose that change. Mayor Sullivan agreed. She stated the Council appointed the Task Force to develop a plan. They have done the job. Indications have been made that changes will be considered. She stated the way to proceed is to have the Task Force present their plan to the Council. Council Member Neal stated they have to sit down and figure out what to do. He stated he has had a lot of phone calls about Council Member Dahl. The majority of the phone calls indicated the residents are on Council Member Dahl's side. He also stated Mr. Dunn owes Council Member Dahl an apology and the City needs to complete the Comprehensive Plan. Mayor Sullivan asked Council Member Neal how he felt about Council Members Dahl and Lyden working with the Task Force before the public hearing on October 14, 1998. Council Member Neal stated he is fine with that if Council Members Dahl and Lyden are willing. Mayor Sullivan stated the Council has to make sure the project is done by the due date. She recommended Council Members Dahl and Lyden work directly with the Task Force. She stated that if they are willing to do this, they should let her or Mr. Wessel know. Consideration of Resolution No. 98 - 153, Awarding Bids for the Lake Drive Trunk Utility Improvements, John Powell - Mr. Powell stated that sealed bids were received and opened on Tuesday, September 1, 1998, for the Lake Drive Trunk Utility Project. Council action is required to award a construction contract to the lowest responsible bidder. Mr. Powell stated Council approved the plans and specifications for this project on June 22, 1998. On September 1, 1998, four (4) sealed bids were received and opened with the following results: S.R. Weidema, Inc. Barbarossa and Sons Northdale Construction Co. Richard Knutson, Inc. Engineer's Estimate $694,186.80 $799,812.00 $850,947.45 $867,104.44 $719,770.50 The low bid is approximately 3% below the engineer's estimate for this project. The City will pay for the project through special assessments to the benefiting properties. The City's Area and 8 • COUNCIL MINUTES SEPTEMBER 28, 1998 Unit Funds will provide the interim financing. The proposed schedule for the project is as follows: Council Awards Bid Construction Begins Completion Date (West of Lake Drive/Apollo Drive) Completion Date (North of Lake Drive/Apollo Drive Staff recommended Resolution No. 98 - 153 be adopted. September 28, 1998 October 12, 1998 December 1, 1998 July 1, 1998 Mayor Sullivan stated this project will accommodate the VFW property. Council Member Neal asked for a copy of the time table for the project. Mr. Powell indicated he will provide Council Member Neal with a copy of the time table. This project will provide utility service for the VFW property when they are ready for it. He stated that all property owners have been notified of the project schedule by letter. Council Member Bergeson moved to adopt Resolution No. 98 - 153, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 153 can be found at the end of these minutes. Ware Road Improvements - Council Member Bergeson stated there has been some confusion by residents about who is paying for what. He asked staff to provide some clarity so residents are clear on State Aid and funding. Mr. Powell stated the City has had periodic contact with residents. He indicated he will send residents another letter clarifying the funding. Council Member Dahl asked when the trail will be completed and if the final blacktop layer (wearing course) is down. Mr. Powell stated the trail will be completed this fall. He stated the final wearing course is left off until most of the construction is completed. The wear course may delayed until spring. Council Member Dahl noted she has received calls from residents questioning when the project will be completed. Environmental Board - Council Member Dahl asked if the members of the Environmental Board are to be paid back three (3) months or paid back to the first of the year. She asked if this has been taken care of yet. Mr. Wessel indicated he will investigate to make sure the members get their pay. Mayor Sullivan stated she recalls that some of the members should be paid back to the first of the year. COUNCIL MINUTES SEPTEMBER 28, 1998 PUBLIC SERVICES REPORT, DAVE PECCHIA Consideration of Resolution No. 98 - 154, Accepting Donation from the Circle -Lex VFW Post #6583 for the Support of the Lino Lakes Parks & Recreation Department's First Annual Family Turkey Shoot Event - Mr. Pecchia stated the Lino Lakes Parks and Recreation Department sought program sponsors for its First Annual Family Turkey Shoot to be held on November 14, 1998. The event is a free holiday event for the families of Lino Lakes that consists of low-key competition in a variety of athletic events for prizes. Mr. Pecchia stated the Circle -Lex VFW Post #6583, as a program sponsor, has donated $250.00 to help defer the costs of this event. Council Member Dahl moved to adopt Resolution No. 98 - 154, as presented. Council Member Neal seconded the motion. Motion carried unanimously. Resolution No. 98 - 154 can be found at the end of these minutes. Consideration of Resolution No. 98 - 155, Accepting Donation from the Circle -Lex Lions Club for Support of the Lino Lakes Parks & Recreation Department's First Annual Family Turkey Shoot Event - Mr. Pecchia stated the Lino Lakes Parks and Recreation Department sought program sponsors for its First Annual Family Turkey Shoot to be held on November 14, 1998. The event is a free holiday event for the families of Lino Lakes that consists of low-key competition in a variety of athletic events for prizes. Mr. Pecchia stated that Circle -Lex Lions Club, as a program sponsor, has donated $250.00 to help defer the costs of this event. Council Member Neal moved to adopt Resolution No. 98 - 155, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 155 can be found at the end of these minutes. Mayor Sullivan thanked both the organizations for all of their support in the past years. ADMINISTRATION DEPARTMENT REPORT Consideration of Resolution No. 98 - 140, Setting the Public Hearing for Proposed Assessment, Delinquent Sewer and Water Utility bills, Dave Pecchia - Mr. Pecchia stated that each year the Utility Billing Clerk prepares a list of property owners who have unpaid sewer and water utility bills that are delinquent two (2) or more months. Letters are sent to the property owners telling them the date and time of the public hearing. The letter also explains that the delinquent utility bills will be certified along with a $30.00 administration charge to the County Auditor for collection with their next years property taxes. 10 COUNCIL MINUTES SEPTEMBER 28, 1998 • All quarterly utility billings not paid within 30 days of the billing date are penalized 10% as required by the City Code. The quarterly billing, the penalty and the administration charge are all assessed to the property if a delinquent balance is still owing. • Each year the list of properties contains many of the same names. We understand that this is the method that the property owner has chose to pay the utility bills. Also each year, the Utility Department accepts payments on the delinquent balances up to the day of certification. Staff recommended Council adopt Resolution No. 98 - 140, calling for a public hearing on the proposed assessment of delinquent sewer and water utility billings. Council Member Neal moved to adopt Resolution No. 98 - 140, as presented. Council Member Dahl seconded the motion. Motion carried unanimously. Resolution No. 98 - 140 can be found at the end of these minutes. Consider Salary Adjustments, Phase II Restructuring, Dave Pecchia - Mr. Pecchia stated that one aspect of Phase II of the City's recent restructuring was the re -negotiation of salaries with certain affected LLMA and non-union employees. An agreement has been reached and will need to be approved by the Council. Mr. Pecchia referred to a handout indicating the boxed recommendation for the salary placement of the Director of Public Safety, Director of Community Development, Director of Public Services, and Director of Administration. He stated the salary placement for the Environmental Coordinator and Building Official will be discussed at the next work session. Mr. Pecchia reviewed the cost saving to the City due to the reorganization. He also noted that the LLMA contract is due to be re -negotiated at the end of the year. Mayor Sullivan asked about the cost savings to the City due to the restructuring. Mr. Pecchia stated the annual savings would be $86,679. There have been other changes in Phase II of the restructuring which will be discussed at the next work session. Mayor Sullivan verified that the has the City has saved money due to the restructuring. Mr. Pecchia stated that is correct and the exact amount of savings will be determined when all phases are completed. Council Member Bergeson questioned the boxed amounts indicated on the proposed salaries. Mr. Pecchia stated there had been one change due to discussions at the work session. Council Member Neal moved to approve the Restructuring\Phase II\Salary recommendations as • presented. Council Member Dahl seconded the motion. 11 COUNCIL MINUTES SEPTEMBER 28, 1998 Council Member Bergeson asked about discussion at the work session regarding the salaries that should be looked at by someone else. Mr. Pecchia stated he brought his concerns to the Labor Consultants and they did review them. The consultants did recommend the salaries that were presented. Motion carried unanimously. OLD BUSINESS - None NEW BUSINESS Consideration of Minutes, August 19, 1998 (Council Member Neal was absent) - Mayor Sullivan clarified page 4, paragraph 1, that the City Administrator can determine if other legal opinions are needed if time is a factor. Council Member Dahl moved to approve the amended August 19, 1998, minutes. Council Member Bergeson seconded the motion. Motion carried with Council Member Neal abstaining. Consideration of Minutes, September 14, 1998 (Council Member Bergeson was absent) - Mayor Sullivan stated that page 11, paragraph 12, should read "Public Works Director/City Engineer position". Council Member Dahl moved to approve the amended September 14, 1998, minutes. Council Member Neal seconded the motion. Motion carried with Council Member Bergeson abstaining. Approval of Settlement for Martinek Parcel - Mr. Pecchia stated that at the closed Council meeting it was recommended that a settlement of $120,000 be paid for the acquisition of the right-of-way on the Martinek parcel and $309.50 be paid for mediation services to the judge. Mr. Pecchia asked for Council approval of the settlement. Council Member Bergeson moved to a approve a settlement in the amount of $120,000 for the acquisition of right-of-way on the Martinek parcel and payment of $309.50 for mediation services. Council Member Neal seconded the motion. Motion carried unanimously. COMMUNITY CALENDAR FOR SEPTEMBER 29 THROUGH OCTOBER 12, 1998 EDAC, Thursday, October 1, 1998, 7:00 a.m. Town Center Group, Thursday, October 1, 1998, 6:00 p.m. Public Safety Citizens Academy, Thursday, October 1, 1998, 7:00 p.m., Centennial Fire Station No. 2 Recycling Day, Saturday, October 3, 1998, 9:00 a.m. to 3:00 p.m. 12 COUNCIL MINUTES SEPTEMBER 28, 1998 Park Board, Monday, October 5, 1998, 6:30 p.m. Mayors Round Table, Monday, October 5, 1998, 6:30 p.m. to 8:30 p.m. Council Work Session, Wednesday, October 7, 1998, 5:30 p.m. Charter Commission, Thursday, October 8, 1998, 7:00 p.m. Public Safety Citizens Academy, Thursday, October 8, 1998, 7:00 p.m., Centennial Fire Station No. 2 Vision Bus Tour, Saturday, October 10, 1998, 9:00 a.m. Council Meeting, Monday, October 12, 1998, 6:30 p.m. Planning & Zoning Board will conduct a public hearing on the Draft Comprehensive Plan, Wednesday, October 14, 1998, 6:30 p.m. City Council will consider the Draft Comprehensive Plan, Monday, October 26, 1998. 6:30 p.m. Mr. Pecchia noted there are five (5) more openings for the Public Safety Citizens Academy. • ADJOURN There being no further business, Council Member Dahl moved to adjourn at 8:13 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council . ►;meeting, October 12, 1998. Marilyn An erson, Clerk -Treasurer Transcribed by: Kim Points TimeSaver Off Site Secretarial, Inc. • 13 Kim y A. ' 11 an, Mayor Council Member Neal introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 98 - 140 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT SEWER AND WATER UTILITY BILLS WHEREAS, City Staff has prepared a proposed assessment of the delinquent sewer and water utility bills as required in Chapter 400 of the City Code, and WHEREAS, the Clerk has notified the City Council that such proposed assessment has been completed and filed in her office for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. A hearing shall be held on Monday, October 26, 1998, in the city hall, 1189 Main Street, Lino Lakes, Minnesota, at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and she shall cause mailed notice to be given to the owners of each parcel described in the assessment roll not less than two (2) weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property to the City Clerk. The property owner may also pay a portion of the assessment thereby reducing the amount of the assessment to be certified to the County Auditor. Adopted by the Council of the City of Lino Lakes this 28th day of September, 1998. • • • • RESOLUTION NO. 98 - 140 Page -2- ittleA,(9,1 I\141alr 1 Y n Berson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor: Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. Council Member Bergeson its adoption: introduced the following resolution and moved CITY OF LINO LAKES RESOLUTION NO. 98-153 RESOLUTION ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT — LAKE DRIVE TRUNK UTILITY IMPROVEMENTS. WHEREAS, pursuant to an advertisement for bids for the construction of the Lake Drive Trunk Utility Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Name S.R.Weidema Barbarossa and Sons, Inc. Northdale Construction Co., Inc. Richard Knutson, Inc. Bid Amount $ 694,186.80 $ 799,812.00 $ 850,947.45 $ 867,104.44 AND WHEREAS, it appears that S.R.Weidema, Inc., is the lowest responsible bidder; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with S.R. Weidema, Inc.,17600 113th Avenue North, Maple Grove , Minnesota 55369, in the name of the City of Lino Lakes for the construction of the Lake Drive Trunk Utility Improvements according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 2. 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 s. ert_ Makilyn 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, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was 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 September 28, 1998. Marilyn G. Anderson, Clerk -Treasurer Council Member Dahl introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 98 - 154 A RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX VFW POST #6583 FOR THE SUPPORT OF THE LINO LAKES PARKS AND RECREATION DEPARTMENT'S FIRST ANNUAL FAMILY TURKEY SHOOT EVENT WHEREAS, The Lino Lakes Parks and Recreation Department is holding this annual holiday event for the first time on November 14, 1998; and WHEREAS, The event is a free holiday event for the families of Lino Lakes; and WHEREAS, Participant teams, consisting of one child (ages 4-14) and one adult, will compete in a variety of low-key athletic events for prizes; and WHEREAS, The Circle -Lex VFW Post #6583 was made aware of the desire of the Lino Lakes Parks and Recreation Department to conduct the Family Turkey Shoot with the support of a program sponsor and has donated $250.00 to the City to defer the costs of this event. NOW THEREFORE, BE IT RESOLVED, that the City Council of Lino Lakes hereby accepts the donation of $250.00 to help fund the Family Turkey Shoot event and wishes to express its sincere gratitude and appreciation to the Circle -Lex VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council t Marj'lyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof. Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted. • • • • O • Council Member Neal introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 98-155 A RESOLUTION ACCEPTING DONATION FROM THE CIRCLE -LEX LIONS CLUB FOR THE SUPPORT OF THE LINO LAKES PARKS AND RECREATION DEPARTMENT'S FIRST ANNUAL FAMILY TURKEY SHOOT EVENT WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Lino Lakes Parks and Recreation Department is holding this annual holiday event for the first time on November 14, 1998; and The event is a free holiday event for the families of Lino Lakes; and Participant teams, consisting of one child (ages 4-14) and one adult, will compete in a variety of low-key athletic events for prizes; and The Circle -Lex Lions Club was made aware of the desire of the Lino Lakes Parks and Recreation Department to conduct the Family Turkey Shoot with the support of a program sponsor and has donated $250.00 to the City to defer the costs of this event. NOW THEREFORE, BE IT RESOLVED, that the City Council of Lino Lakes hereby accepts the donation of $250.00 to help fund the Family Turkey Shoot event and wishes to express its sincere gratitude and appreciation to the Circle -Lex Lions Club for its donation. Adopted by the Lino Lakes City Council th. _ _day of owl& II ��t�. F� Mari yn G. Xnderson, Clerk -Treasurer ember 1998. Ki Berl + ull an, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof. Bergeson, Dahl, Neal, Sullivan. The following voted against same: none, Council Member Lyden was absent. Whereupon said resolution was declared duly passed and adopted.