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HomeMy WebLinkAbout04/08/1985 Council Minutes1 1 1 COUNCIL MEETING April 8, 1985 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M. Council members present: Kulaszewicz, Marier, Bohjanen. City Attorney, Bill Hawkins; City Engineer, John Davidson; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher; Clerk- Treasurer, Marilyn Anderson and Police Chief Campbell were also present. Councilman Reinert arrived at 7:03 P.M. CONSIDERATION AND APPROVAL OF MINUTES - MARCH 25, 1985 Mr. Marier moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - MARCH 29, 198 - APRIL 8, 1985 Mr. Bohjanen moved to approve the March 29, 1985 disbursements as presented. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to approve the April 8, 1985 disbursements as presented. Mr. Marier seconded the motion. Mr. Kulaszewicz asked about the disbursement for Vernon Reinert's quarterly expenses. Mr. Reinert explained these were expenses involved with attending Council meetings and other related City business meetings. These expenses were for a six month period. Mr. Marier asked if he was charging for traveling from home to a City Council meeting. Mr. Reinert said yes. Mr. Marier said he felt this was an area of responsibility for which he was responsible and did not feel he should charge. Mr. Schumacher was asked if the disbursement for St. Cloud University Advanced Drivers Training Course was for reserve officers. Mr. Schumacher explained it was for two full time officers and felt it was very worthwhile considering the number of squad car accidents in recent months. In regard to Councilmen submitting requests for reimbursement for traveling expenses, Mayor Benson explained each Councilman would have to decide if they wish to charge for this expense. Mayor Benson called for the question; motion passed unanimously. OPEN MIKE A. Harold Bisel, 6381 - 20th Ave. - Mr. Bisel appeared to tell the Council he is having difficulty determining where his sign is to be located and wanted to know if everyone had to move their sign as he had. He explained he did not understand the sign ordinance and felt Mr. Kluegel was not much help to him. Mr. Kluegel explained his sign 143 144 COUNCIL MEETING April 8, 1985 Page Two must be at least 10 feet from the road right -of -way. Mr. Kluegel also explained set back requirements vary from zone to zone and Mr. Bisel could not necessarily compare his setback requirement with another section of the City. Mr. Marier asked Mr. Bisel if he understood the terms of his conditional use permit. Mr. Bisel said yes, but did not agree that his display constituted outdoor storage. After more discussion between Mr. Bisel and Mr. Marier, Mr. Reinert asked Mr. Bisel to work out the remaining issues with Mr. Kluegel. 1 B. Robert and Susan DuFour III - 875 Old Birch Street - Mr. DuFour explained to the Council that Mr. Kluegel has been communica- ting with him because he does not have siding on the front of his house. He said Mr. Kluegel should be more concerned about the remaining portion of a building on vacant land east of Mayor Benson's house. This is a real safety hazard. Mr. Kluegel explained he just recently contacted the land- owner and he promised the building would be removed very shortly. Mr. and Mrs. DuFour presented a handwritten complaint to the City Council. The complaint is in reference to a police incident at their home on March 12, 1985. Mr. DuFour explained he had tried three times to file a report with the Police Department but was unsuccessful. He cited instances of abuse of power by Officer Hammes and asked if this was a continued practice in Lino Lakes. Mayor Benson asked that copies of the complaint be given to each councilmember. Mrs. DuFour asked that copies also be given to the press. Mr. Hawkins explained the Police Department has a procedure to follow to investigate complaints such as this. Mr. Marier moved to have the Chief of Police follow through with the complaint from Mr. and Mrs. DuFour and report back to the Council at the April 22, 1985 meeting. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. DuFour asked if the stinger gun had been removed from the Lino Lakes Police Department because they have not had the proper documentation or authorization to use them. Mayor Benson said the Police Chief will address this in his follow -up to the complaint. Mayor Benson asked Mr. Kluegel to update the Council on the DuFour house siding issue. 1 1 1 COUNCIL MEETING April 8, 1985 Page Three PLANNERS REPORT - ZACK JOHNSON Mr. Schumacher said Mr. Johnson will be here by 7:30. ENGINEERS REPORT Mr. Davidson explained the purpose of his report is to suggest that he have a work session with the Council to deal with the proposed State Aid programs in the 4th Avenue area. The County has completed their survey work on Main Street and have started drafting plans. However, actual construction has been postponed until 1986. The County is fully aware of the coordination required and is willing to work out the draining system so that whatever this City does on 4th Avenue will be compatable with what is done in the Main Street area. This project is proposed to be financed by County Funds, State Aid Funds and whatever this Council decides as far as any shortfall in financing the project is concerned. Will the City establish an assessment district, establish a City policy for financing storm drainage generally within the community, storm sewer utilities or something else? Mr. Davidson said he would like to explain the State Aid Program in detail and preferred doing this in a work session. Mayor Benson asked if Mr. Davidson would have some project costs figures. Mr. Davidson explained he cannot tell what the costs would be until he is authorized to come up with some plans. To secure State Aid approval he has to have plans suffi- cient enough to provide the District State Engineer with a design plan. Mr. Marier moved to set a Special Council meeting for Thursday, April 18, 1985 at 7:00 P.M. for a work session on the 4th Avenue storm drainage project. Mr. Bohjanen seconded the motion. Motion declared passed. Mayor Benson asked that the member of the Planning and Zoning Board who lives on this street be notified of this special meeting. Mr. Davidson has met with Metropolitan Waste Control Commission and their design engineers and the preliminary designs for extension of the interceptor have been completed and will be bid within a month. He did advise them of the reduction in area of the project and they will have their meter station sized to fit the size pipe this city installs. PARK BOARD REPORT Mr. Schumacher explained that the Council had before them four bids for ballfield fencing. The Park Board recommended the Crown of Minnesota, Inc. bid because materials were of better quality. 145 146 COUNCIL MEETING April 8, 1985 Page Four Mr. Marier moved to accept the Crown of Minnesota, Inc. bid of $5,594. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. CONSIDERATION OF MINNESOTA BEAUTIFUL MONTH PROCLAMATION Mayor Benson read the proclamation. Mr. Marier moved to accept the proclamation. Mr. Kulaszewicz seconded the motion. Motion declared passed. P R O C L A M A T I O N MINNESOTA BEAUTIFUL MONTH WHEREAS: The State of Minnesota is rich in natural resources and beauty; and WHEREAS: Every citizen should make a diligent effort to keep our environment clean and healthful by working together to preserve clean air, fresh water and the natural beauty of our state; and WHEREAS: WHEREAS: Minnesota Beautiful Month is organizing Minnesotans in a statewide effort to improve the community environment by establishing recycling programs, clean up efforts, landscaping, beautification and tree planting, and Minnesota Beautiful committee, a group of public and private volunteers, originated Minnesota Beautiful Month to focus attention on the efforts of concerned Minnesotans; NOW, THEREFORE, I Benjamin Benson, Mayor of the City of Lino Lakes, do hereby proclaim the month of May, 1985, to be MINNESOTA BEAUTIFUL MONTH in Lino Lakes and ask all citizens from businesses, civic groups, government agencies and other organizations to work together to preserve the natural beauty of our state not only during Minnesota Beautiful Month, but throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Lino Lakes to be affixed this eighth day of April, 1985. Marilyn G. Anderson, Clerk- Treasurer enj a G. Benson, Mayor 1 1 COUNCIL MEETING April 8, 1985 Page Five PLANNERS REPORT - ZACK JOHNSON A. Platting Ordinance - The Planning and Zoning Board has recommended the platting of all subdivisions of twenty (20) acres or less for residential use and five (5) acres or less for commercial and industrial uses. The concern is that there is not sufficient review and control over some subdivisions and state legislation does give the City authority to require the platting of virtually all properties being subdivided for purpose of sale for develop- ment which would require lot size of less than twenty (20) acres. This proposal and the suggested definitions would require an amendment to the Zoning Ordinance. The proposal suggests two types of subdivisions; Minor Subdivision - a subdivision involving the creation of four or fewer parcels, tracts or lots and not involving the creation of a new street or easement and a Major Subdivi- sion - a subdivision involving the creating of five or more parcels, tracts or lots. The primary purpose for this proposal was to allow for the more simple straight forward type of subdivisions to occur without the time, expense and review required by full subdivisions. A minor subdivision could be handled administratively not requiring Planning Board action, be reviewed by staff and submitted directly to the Council for public hearing. It would be a shortcut of time. If the staff saw a problem it could be submitted to the Planning and Zoning Board for the full process. Mr. McLean, Chairman of the Planning and Zoning Board was present and said he does support this proposal. Mr. Kluegel indicated he would have no problems with this procedure. Mr. Marier said he did not feel that the Council be required to make decisions that were previously made by the Planning and Zoning Board. The P & Z Board has a better chance to look at the total impact rather than just one situation. Mr. Johnson said the Council would have to rely on the staff for these decisions. Mr. Marier said that is what concerns him. Mr. Johnson said that the P & Z Board had suggested that the Vice Chairman of the P & Z Board would be a part of the staff review committee. Mr. Hawkins asked about subdivision iii, why did he not include 300' in width for commercial and industrial uses as required by State Statute. Mr. Johnson said it was the intention to quote all of the state statute. Mr. Hawkins also added the City is required to mail notices to all adjacent landowners within 350 feet. 147 148 COUNCIL MEETING April 8, 1985 Page Six Mr. Schumacher said he would like to be sure the Council is aware of the impact of this proposal, it is a major change in how the City has dealt with subdivisions. Persons subdividing parcels of twenty (20) acres or less will now be required to plat. This will be an extensive, costly process which has not been done in the past. Mr. Johnson said the City Council can waive the platting process as provided by 1001.6 of the ordinance if a hardship is shown. Mr. Hawkins explained this section of the law does not specify hardship of land, it just says the Council has the right to waive platting if the Council finds a hardship. Mr. Johnson further noted section a. under Minor Subdivision. "Minor subdivisions do not require review by the Planning Commission nor do they require platting unless required by the City Council." Mr. McLean told the Council the P & Z Board is more concerned about getting overloaded. Mr. Johnson explained the P & Z Board would get a report of all subdivisions probably from the P & Z member who is a part of the staff review. This proposal is not trying to bypass Planning and Zoning, just trying to eliminate some of their busy work. Mayor Benson was not in favor of bypassing Planning and Zoning since it might cause an aura of some being treated differently that others. Mr. Reinert moved for the recommendation made by the City Planner and appropriate resolution be adopted for considera- tion with the exception that "Note: Minor Subdivision and paragraphs a and b will be eliminated ". Mr. Bohjanen seconded the motion. Motion passed unanimously. B. Park Dedication Policy - Mr. Johnson presented the interim Park Dedication policy prepared by the Park Board and Mr. Tesch, Administrative Assistant's memorandum and attachments. Mr. Johnson had recommended that a system be developed that would review the number of units,density in a development, surrounding Open Space and Parks and the impact of any particular subdivision on this City's Park and Recreation program and determine on an ad hoc basis an adequate, appropriate park dedication or cash in lieu fee for the Park Dedication Ordinance. The Park Board has recommended an interim solution of $160 per dwelling unit be utilized until such time as a system can be developed. Mr. Hawkins felt this interim solution is no problem since the City will be preparing something more flexible. 1 Mayor Benson asked how the Park Board arrived at the $160 fee. 149 COUNCIL MEETING April 8, 1985 Page Seven Mrs. Foster had entered the Council Chamber after attending the Park Board meeting. She told the Council that the Park Board did not address this question tonight. Mrs. Lundgren told the Council she had called surrounding cities and had been given figures ranging from $150 to $181. She gave this information to the Park Board and they made a decision based on this. Mr. McLean asked if the City changes their Park Dedication policy now are they opening themselves up for a class action lawsuit. Mr. Hawkins said not as long as the standard at that point in time is reasonable, the City has the right to change their regulations. Mayor Benson and Mr. Reinert both questioned the basis for the $160 fee. Mr. Reinert said he would like to have something built in to reflect inflation of land values and possibly an annual review. Mr. Marier moved to adopt the $160 per unit dwelling interim Park Dedication fee until a more appropriate Park Dedication policy can be completed. Mr. Bohjanen seconded the motion. Mr. Reinert asked Mr. Hawkins if this can be defended on an interim basis. Mr. Hawkins said this is not unusual and knew of only one instance when this was challenged. At this point there is no statute or basis for challenge. On the question, the motion passed with Mr. Reinert voting no and Mayor Benson abstaining. Mayor Benson asked Mr. Johnson to update the Council as to what he may be bringing before the Council. Mr. Johnson said some items now being worked on are: sign ordinance, comments in updating or filling out portions of the Comprehen- sive Land Use Plan, several plats in process, road layout for the south east quadrant on the City, issue of a major collector street. Mayor Benson asked Mr. Johnson about communication between him and the City staff. Mr. Johnson said the communication was very good. One problem has been getting information into the City from the developers in time for his review and get reports back to the Planning Commission in time for their consideration. Mr. Marier asked about 80th Street. Mr. Davidson said that as soon as the County has the design plans they will return that to the City for acquisition of the proper rights -of way. The City will then apply for bridge funds to replace a culvert, the County will actually construct the road. It is designated to be under construction in 1985. 150 COUNCIL MEETING April 8, 1985 Page Eight ATTORNEYS REPORT A. Correspondence from Moundsview - Moundsview is requesting the City consider filing an amicus brief with the Court of Appeals in support of their position regarding a rezoning and conditional use permit. Mr. Hawkins did not feel there was anything of such legal significance for this City that would cause this City to undertake to spend a great deal of money to research and file a brief in support of them. Mr. Marier moved to direct a letter to Moundsview encouraging them in their appeal and have them direct their efforts toward the League of Cities or the Metropolitan League of Cities. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. B. Otter Lake Estates Easement - Mr. Hawkins said this is in response to a letter dated February 1, 1983 asking that an error on Otter Lakes Estates plat be corrected. The error occurred by platting a 60' roadway where there was a previous 66' easement for roadway. Mr.-Hawkins explained that the solution to this is vacating everything that is outside of the platted street Otter Lake Drive. This requires a public hearing and a resolution be preparted vacating the roadway. He also suggested having the property owners submit an escrow of $200 to cover the cost of this procedure. Mr. Marlin Hansen was in the audience and is a landowner affected by this matter. He noted this was a City oversight and the landowners feel they should not have to pay to have it corrected. Mr. Marier moved to set a public hearing at 7:30 P.M., May 13, 1985 for the purpose of straightening out the roadway easement of Otter Lake Drive and the cost of approximately $200 will be shared by the landowners. Mr. Bohjanen seconded the motion. Motion carried. CONSIDERATION OF SHOREVIEW RATE INCREASE - SET PUBLIC HEARING, MAY 13, 1985 - 7:35 P.M. Mr. Kulaszewicz moved to set the public hearing for May 13, 1985 at 7:35 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF SELLING FOUR LOTS IN NORDIN MANOR Mr. Schumacher explained the deeds for lots 8, 9, 10, 11, block 3, Nordin Manor were researched. Three came from the State of Minnesota and one from the original owner. None had been given to the City for public purposes. Mr. Hawkins 1 151 COUNCIL MEETING April 8, 1985 Page Nine pointed out the City does not have abstracts for these lots and we do not know if there will be any title problems. He suggested when they are advertised it should be noted the buyer will have to have their abstracts prepared and the City will not make any warranty as to title. The City would quit claim the title. Mr. Schumacher noted the Assessor had similar lots in the area valued at $5000 and there were sales at $5,500. Also Mr. Kluegel had not found any significant septic problems. Mr. Bohjanen moved to advertise these lots for sale with the minimum bid being $5,850. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Marier moved to have the City Attorney draft the legal notice. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF WAYS AND MEANS RECOMMENDATIONS - RANDY SCHUMACHER The Ways and Means Committee has met and have made salary recommend- ations for non -union employees. Mr. Schumacher's recommendations are attached as well as employee performance -evaluations, goals for 1985, accomplishments for 1984 and a five year salary plan. The recommendations are based on comparisons with cities of similar assessed valuation and similar size. Mr. Kulaszewicz moved to approve the Ways and Means recommendations as presented with the percentage for the Public Works Director to be corrected from 3.4% to 4 %. Mr. Marier seconded the motion. Mr. Reinert asked about the overtime for the Clerk. Mr. Schumacher said the City Clerk does not get paid 'overtime, the statement in the report refers to her previous position as Deputy Clerk. Mr. Reinert asked why weren't the same cities used in comparing all employees. Mr. Schumacher explained he first used metro cities for comparison. The Ways and Means Committee felt this was not a just comparison. The second comparison used outstate communities with similar assessed valuation. Mr. Reinert said it appeared to him in some places cities in the suburbs with populations under 10,000 and in some cases used assessed valuation. Why weren't the same cities used all the way through? Mr. Schumacher explained not all cities had the same assessed valuation and the same positions as Lino Lakes. Mr. Reinert felt the comparisons were not very consistent and some other method should have been used for the basis for the recommendations. Mr. Reinert noted that all employees with the exception of Mr. Schumacher had areas to be concentrated on for the coming year. Mr. Marier explained these were Mr. Schumacher's evalua- tions and he should not be evaluating himself. Mr. Reinert said the Ways and Means Committee should have prepared something he should have to concentrate on for 1985 to make his position 152 COUNCIL MEETING April 8, 1985 Page Ten more efficient. Mayor Benson said the Ways and Means Committee did not had time to do this. Mr. Reinert noted the salary increases range from zero to eight percent. Mr. Marier said Mr. Schumacher did not get a raise, but a bonus instead. Mr. Reinert asked why the Committee did not deal with this as they did the other employees. Mr. Marier said the Committee felt a bonus was more appropriate for this position. Mr. Reinert asked again why did Mr. Schumacher received an eight percent increase. Mr. Marier explained he did not get an increase, he got a bonus. Mr. Reinert said why a bonus? Mr. Marier said he fulfilled his obligations for 1984 and they felt a bonus was appropriate at this time. Mr. Reinert asked why the other employees did not get bonuses. Mr. Marier said because the increases were more subject for their benefit than the Administrator. Mr. Reinert said he felt this was not being fair and was an inappropriate way of hiding something. Mayor Benson explained it is not the intent of the Committee to hide anything. In his opinion he felt in looking over what had been done in the past year and thinking back to the state of the City, there were many key issues which were settled over the last year that were pulled together by the Administrator. He felt a bonus was more appropriate because he did not want to lock into a salary increase because then the City has to pay benefits on it and the City ends up paying a higher adjust- ment than the actual $3,000. He felt this was similar to what was done for Officer Zerwas. It is conceivable that the Admini- strator's performance would not be up to par this coming year so instead of paying, say 5% of $40,000, we will pay 5% of the present $37,000 for the next adjustment. He also has asked the City Administrator to bring a bonus plan to the Council for consideration for all City positions so that we can grant some merit pay for some unusual effort and not be locked into salary and benefit increases. It is conceivable that next year there would be no salary increases but all bonuses. Mr. Bohjanen asked if the City Clerk- Treasurer was starting at a lower base and then going up slower than the others. Mr. Schumacher explained the Ways and Means Committee dealt with this as an entry level position and will be reviewed in July to possibly bring the position closer to entry level. Mr. Bohjanen asked if this individual did this job previous to taking the position. Mayor Benson said she did have a different position. 1 1 1 1 1 1 COUNCIL MEETING April 8, 1985 Page Eleven Mr. Bohjanen asked how the Building Inspector's position compared to other cities. Mr. Schumacher said this will be reviewed in July also. Mr. Bohjanen asked how building fees cover this department. Mr. Schumacher explained when the City contracts with outside communities, we do well. Building permit fees definitely cover the cost of the inspector's services. Voting on the question, motion passed with Mr. Reinert voting no. OLD BUSINESS Mr. Schumacher updated the Council on some of the recent legisla- tive action. The Circle Pines gas utility bill was approved in the Senate and is on the agenda in the House. It appears it will pass without any controversy. The joint services bill was passed through the Senate and will be going to the House shortly. Mayor Benson asked if Mr. Volk will be before the Council with a car proposal soon. Mr. _Schumacher said yes, the Police Chief has proposed a change for Mr. Volk to consider. NEW BUSINESS Mr. Bohjanen asked if anything further was determined regarding the Open House. May 19 has been suggested and the Seniors will be meeting tomorrow to discuss this. Mr. Kulaszewicz moved to adjourn at 9:10 P.M. Mr. Marier seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of the City Council on April 22, 1985. _ ,,. Marilyn G. nderson, City Clerk 153