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HomeMy WebLinkAbout06/27/1988 Council Minutes (2)• Q90 COUNCIL MEETING JUNE 27, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:15 P.M., June 27, 1988. Council Members present: Neal, Bisel, Bohjanen. Council Members absent: Reinert. City Attorney, Bill Hawkins; Acting City Engineer, Chuck Wetzler; Planner, John Miller; Building Inspector, Pete Kluegel; Administrator, Randy Schumachar; Fire Chief, Archie Gay; Centennial Fire District Representative, Neal Benjamin and Clerk- Treasurer, Marilyn Anderson were also present. Police Chief, Dean Campbell arrived at 7:28 P.M. CONSIDERATION AND APPROVAL OF MINUTES Mr. Bisel moved to approve the minutes of June 13, 1988 as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Bohjanen moved to approve the Disbursements of June 27, 1988 as presented. Mr. Neal seconded the motion. Motion carried unanimously. OPEN MIKE No one appeared under Open Mike. CONSIDERATION OF CONDITIONAL USE PERMIT FOR GAME FARM AT 1403 BIRCH STREET - ED VAUGHAN Mr. Miller explained that this item appeared on the Council agenda on February 8, 1988 and three issues were raised for staff to investigate. These issues were noise, buffer around preserve and general discussion regarding how adjacent park lands would be affected. The Pollution Control Agency has conducted noise tests at the site and the written response indicates that the state exempts shooting sports clubs from its regulations. It was noted that Mr. Vaughan's combine was as noisy as the gun fire. Mr. Vaughan has reviewed the conditions for approval of the CUP and has requested three changes. He asked that requirement #1 be expanded to conform to state regulations of July 1 to April 15 for the hunting season. Regulation 1 1 COUNCIL MEETING JUNE 27, 1988 *18 be reduced from 500 feet to 300 feet as a buffer from the Anoka County Park property and *20 be dropped until this becomes a state rquirement. Mr. Hawkins suggested adding a 21st requirement stating, "these stated conditions take precident over all other material governing this property ". Dave Kelso, Pollution Control Agency - Mr. Kelso explained he conducted the noise study at the site and noted that legally there are no noise restrictions to be met. He conducted tests with a shotgun and a pistol and compared the noise to Mr. Vaughans combine. The guns discharging were no louder than the combine. Mr. Bisel noted there is quite a difference between a constant running of an engine as compared to occassional gun discharges. He compared this noise to the noise he hears on the freeway. Bill Nadeau, 6689 - 20th Avenue noted the DNR requires that signs be posted at a minimum of 500 feet apart. He did not see any signs on this property. It was noted the signs have been posted but disappear. They have been posted again. Mr. Nadeau referred to an article in a local newspaper which stated that some game birds are released and find their way into the natural environment. Mr. Nadeau has checked with the DNR and they indicated these birds would probably die and therefore this is not a good reason for releasing birds. Mr. Nadeau asked about the size of the hunting parties. It was eplained there would be four parties of four persons at one time. A question concerning if the Police Department would have jurisdiction on the game farm was asked. Mr. Hawkins explained the police could not investigate unless they had reason to believe a crime was committed. However, he noted the Council could require a regulation that would allow for unannounced inspections similar to safety inspections. Mr. Bisel said he has visited with people in this area. Some are opposed and some do not care if the permit is granted. He did feel a large percent were against the issuance of a permit. He noted that although the noise would not be illegal it would' be intrusive. Mr. Vaughan asked Mr. Bisel if that meant he was opposed to all hunting in Lino Lakes. Mr. Bisel said no, just the intensity that is being considered here. John McDonald, 6901 LaMotte Drive said he did not care to be awaken at 5:00 A.M. by gun shots. He came here for the peace and quiet. He said this is more than he can bear. 091 COUINCIL MEETING JUNE 27, 1988 Brandon Curtis, 6595 Gaage Lane noted that since there are no regulations regarding gun sounds, the staff report should not say that it meets regulations. Mr. Vaughan told the Council that he has talked with County Commissioner Margaret Langfeld. She said she had no problem with the 300 feet buffer and he will be installing a barbed wire fence and post it as well. Mrs. Langfeld noted future development in the park may change this matter. Alwin Klimek, 1390 Karth Road told the Council that the majority of the shooting takes place after the snowfall when most people are indoors so that the noise would not be so noticeable. Mr. Nadeau noted the newspaper article stated 5000 birds would be raised for the game farm and felt this would smell like a chicken farm. Mr. Nadeau asked who inspected the game preserve to determine all requirements have been met. Mr. Miller suggested that a 22nd requirement be added, "periodic unannounced inspections will be made by the City staff ". Mr. Bisel moved to deny the Conditional use Permit request for a game farm to Mr. Vaughan because; 1) the land use is not compatible with adjacent and nearby residential uses; 2) noise levels while not exceeding state regulations would still be intrusive on the adjacent neighborhoods, and 3) land use is not compatable with adjacent park and school properties. There was no second to this motion and the motion died. Mr. Bohjanen moved to approve the Conditional Use Permit request for a game farm from Mr. Vaughan based on the following reasons: 1) use is a listed Conditional Use item; 2) applicant has made a reasonable effort to protect adjacent property; 3) acceptable interium use prior to residential development; 4) noise levels will not exceed state regulations; 5) the Conditional Use Permit to be reviewed in one year; 6) add "these stated conditions take precident over all other material governing this property, and add 7) periodic unanounced inspections will be made by City staff. Mr. Neal seconded the motion. Voting on the motion; Neal, yes; with the stipulation that the police department do the inspections; Bisel no; Bohjanen, yes. Mayor Benson voted no on this issue and announced that the question failed because it ended in a tie vote. Mayor 1 1 COUNCIL MEETING JUNE 27, 1988 Benson indicted his reasons for voting no were, unacceptable noise levels, area planned for executive housing and since the entire issue of hunting in Lino Lakes will be reviewed after the first of the year (1989) he felt this request was premature. RESOLUTION NO. 44 - 88, RESCINDING RESOLUTION NO. 43 - 88 Mr. Bisel moved to approve Resolution No. 44 - 88. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 44 - 88 RESOLUTION RESCINDING RESOLUTION NO. 43 - 88 ORDERING PUBLIC HEARING FOR SUNRISE MEADOWS WHEREAS, the Council on June 13, 1988 passed Resolution No. 43 - 88 accepting the feasibility report for Sun- rise Meadows and setting a public hearing for July 11, 1988, and WHEREAS, Resolution No. 43 - 88 was not published as required by the Lino Lakes City Charter, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, 1. Resolution No. 43 - 88 is hereby rescinded. 2. That the public hearing be resheduled for Monday, July 25, 1988 at 7;30 P.M. as outlined in Resolution No. 45 - 88. 3. The City Clerk be instructed to publish the Resolution No. 45 - 88 in the June 28th and the July 5th Quad Press. 4. The City Clerk be instructed to send a copy of the Re- solution No. 45 - 88 to the property owner before July 5, 1988 as required by Lino Lakes City Charter. Adopted by the City Council of Lino Lakes this 27th day of June, 1988. COUNCIL MEETING Mar . Anderson, Clerk - Tresurer JU , 1988 Benjai n G. Benson, Mayor RESOLUTION NO. 45 - 88 CALLING IMPROVEMENT HEARING FOR SUNRISE MEADOWS Mr. Bohjanen moved to adopt Resolution No. 45 - 88. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 45 - 88 RESOLUTION RECEIVING A FEASIBILITY REPORT ON SUNRISE MEADOWS SUBDIVISION AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursurant to the Resolution of the Council adopted April 11, 1988 with reference to the improvement of all of Ulmer's Rice Lake Third Addition and Lots 1, 2, 3, Block 7, Ulmer's Rice Lake Addition, and this report was received by the Council on June 13, 1988. This subdivision will be known as Sunrise Meadows. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council will consider the improvement of such Sunrise Meadows in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 and Chapter 8 of the Lino Lakes City Charter at an estimated total cost of the im- provement of $1,285,177.00. 2. A public hearing shall be held on such proposed im- provement on the twenty fifth day of July, 1988 in the council chambers of the city hall at 7:30 P.M. and the Clerk shall cause this resolution to be published twice, no less that one week apart, in the official newspaper of the City, no less than two weeks prior to the date of said hearing, and in addition thereto, a copy of this resolution shall be mailed to each benefited property owner at their 1 COUNCIL MEETING JUNE 27, 1988 last known address at least two weeks prior to the date of the hearing. Adopted by the Council this 27th day of June, 1988. Benjamin G. Benson, Mayor _�+ _ c Marilyn G. Anderson, Clerk- Treasurer PUBLIC HEARING - VACATION OF EASEMENTS IN LAKES ADDITION NO. 7 RESOLUTION NO. 37 - 88 Mayor Benson opened the public hearing at 7:53 P.M. He explained that the purpose of the hearing is to hear comments regarding the proposed vacation of most of the easements in the subdivision of Lakes Addition No. 7 so that Lakes Addition No. 9 can be platted. There was no comment from the audience. Mr. Bisel moved to close the public hearing at 7:55 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve Resolution No. 37 - 88 and dispense with the reading. Mr. Bohjanen seconded the motion. Mr. Wetzler noted that Outlot A in Lakes Addition No. 7 is a drainage easement and should not be vacated. He also noted a drainage pipe between Lots 6 and 7, Block 3, Lakes Addition No. 7. He explained this pipe does not appear on the new Lakes Addition No. 9 and should be addressed on the new plat. Mr. Bisel moved to amend the motion to include that all easements with the exception of Outlot A be vacated. Mr. Bohjanen seconded the motion. Motion carried unanimously. Voting on the original motion, motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 37 - 88 RESOLUTION VACATING ROADS AND ALL OTHER EASEMENTS IN LAKES ADDITION NO. 7 COUNCIL MEETING JUNE 27, 1988 WHEREAS, El Rehbein & Son, developer of Lakes Addition No. 8 and Lakes Addition No. 9 have requested . that all road and other easements in Lakes Addition No. 7 with the exception of Outlot A be vacated, and WHEREAS, WHEREAS, the request has been reviewed by the City Planner and no adverse future problems were noted, and a public hearing was held on June 27, 1988 before the City Council in the city hall after due pub- lished and posted notice had been given by the Clerk on May 31, 1988 and June 7, 1988 and all persons interested were given an opportunity to be heard, and WHEREAS, it appears that it will be for the best interest of the City to vacate all road and other easements in Lakes Addition No. 7, and WHEREAS, four fifths of all members of the Council concur in this resolution. NOW THEREFORE, BE IT RESOLVED, that all road and other easements with the exception of Outlot A in Lakes Addition No. 7 subdivision are hereby vacated. Adopted by the Council of the City of Lino Lakes this 27th day of June, 1988. Mari ly . Anderson, Clerk- Treasurer CONTINUATION OF PUBLIC HEARING FOR RESHANAU LAKE ESTATES, SOUTH, 2ND ADDITION Mayor Benson explained that during the public hearing on this subdivision several questions were raised in a letter from Mr. Swenson and the public hearing was continued until tonight so that these questions could be addressed. Mr. Miller introduced Mr. Francis Hagen of Westwood Planning. Mr. Hagen said the EAW was prepared and sent to 1 COUNCIL MEETING JUNE 27, 1988 the appropriate agencies. He explained that Mr.Swenson has now been supplied with a copy of the EAW and the one response to the EAW. Mr. Swenson thanked Mr. Hagen for this information and explained further questions were raised. He asked about Fox Lane. Mr. Hagen explained a possible plan to direct traffic west to the extension of 7th Avenue and this street will run to 62nd Avenue then to Ware Road. Mr. Swenson asked if the new street would be built before the last phase of Reshanau Lake Estates, South is built. Mayor Benson said that this will not be known for some time. Mr. Swenson asked at what point will the City make a decision regarding the use of Fox Lane. Mayor Benson said probably not for a year or two. Tonight the Council is only considering the second addition of Phase I. Mr. Swenson thanked the Council for following through with the EAW process and asked why this is not done for every new plat. Mr. Miller explained this may not be practical for small subdivisions but felt Mr. Swensons points are well taken and felt the City could ask developers to submit voluntary EAW's. Mrs. Monica Slatten asked about the one comment from the DNR. Mr. Hagen read a letter dated December, 1986 from the DNR regarding this subdivision. The CORP of Army Engineers had responded saying there were no CORP protected areas. Mr. Bisel thanked Mr. Swenson for raising his questions and thanked Mr. Uhde for responding promptly. He noted that this has lead to good communications between the developer and the residents. Mr. Bohjanen moved to close the public hearing. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Bisel moved to accept the final plat of Reshanau Lake Estates, South, 2nd Addition with the stipulation that the proper letter of credit be provided, a developers agreement be completed and the abstract be reviewed by Mr. Hawkins. Mr. Bohjanen seconded the motion. Motion carried 1 unanimously. RESOLUTION NO. 41 - 88 ORDERING PLANS AND SPECIFICATIONS FOR RESHANAU LAKES ESTATES, SOUTH 2ND ADDITION 097 098 COUNCIL MEETING JUNE 27, 1988 Mr. Bisel moved to approve Resolution No. 41 - 88. Mr. Neal seconded the motion. Mrs. Anderson read the resolution. Voting on the motion, motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 41 - 88 RESOLUTION ORDERING PREPARATION OF PLANS FOR RESHANAU LAKE ESTATES SOUTH, 2ND ADDITION WHEREAS, a certain petition requesting the improvement of Reshanau Lake Estates South, 2nd Addition was duly presented to the Council on March 14, 1988; and WHEREAS, pursuant to a resolution adopted by the Council the 14th day of March, 1988, a report has been prepared by Engineer Ron Stahlberg with reference to the improvement and this report was received by the Council on April 11, 1988; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property in the Reshanau Lake Estates South, 2nd Addition named as the location of the improvement. 2. Mr. Ronald Stahlberg of Toltz, King, Duvall, Anderson and Associates is hereby designated at the engineer for this improvement. He shall prepare plans and specif- ications for the making of such improvement. Adopted by the Council this 27th t/ Maril LAA.4,4 f June, 1988. . Anderson, Clerk- Treasurer 41.11211 ,e in e•son, Mayor RESOLUTION NO. 42 - 88 APPROVING PLANS AND SPECIFICATIONS FOR RESHANAU LAKE ESTATES, SOUTH, 2ND ADDITION 1 COUNCIL MEETING JUNE 27, 1988 Mr. Bisel moved to adopt Resolution No. 42 - 88. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 42 - 88 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RESHANAU LAKE ESTATES SOUTH, 2ND ADDITION WHEREAS, pursuant to a resolution passed by the Council on June 27, 1988, the City Engineer has prepared plans and specifications for the improvement of Reshanau Lake Estates South, 2nd Addition and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approve plans and specifications. The advertisement shall be pub- lished twice, shall specify the work to be done, shall state the bids will be received by the Clerk until 10:00 A.M. on July 22, 1988 at which time they shall be publicly opened in the council chamber of the city hall by the City Clerk and the City Engineer, will then be tabulated, and will be considered by the Council at 7:00 P.M., July 25, 1988 in the council chambers of the city hall. Any bidde whose responsibility is quest- ioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5%) per cent of the amount of such bid. Adopted by the Council this 27th day of June, 1988. 099 loo COUNCIL MEETING Marilyn . Anderson, Clerk- Treasurer JUNE 27, 1988 enj = in &. 'Benson, Mayor CONSIDERATION OF FINAL PLAT - TWILIGHT III Mr. Joyer representing El Rehbein and Son gave a brief background presentation regarding this proposed subdivision. He explained that the original concern was for a drainage plan that would meet RCWD regulations. RCWD has now waived this requirement due to the limited size of the subdivision and because the City is in the process of preparing a long range City wide drainage plan. The City Planner has suggested that an overlay of the subdivision be prepared showing the subdivision of lots when utilities are available. The prospective buyer is to be made aware that in the future when sewer is available the lots may be divided and therefore the placement of the new home on the current lot is to be restricted to a particular area. Mr. Miller noted that the City Engineer had recommended platting a north /south street on the west side of the plat. This would involve changing the size on several lots within the current proposed subdivision. This had been discussed with Mr. Joyer who felt there is enough room on the west property for a road and a north /south road would not benefit this property. Mr. Joyer presented a draft copy of the restrictive covenants. It was noted that Mr. Stahlberg felt only Lots 2, 4, 6 and 8 should be buildable. Mr. Joyer said he would like to see the new buyer decide which lot he would like to build on. Mr. Joyer also raised a concern regarding house sites within the subdivision. He noted that at one time, a pond was planned for the area and the barrow from the pond was to be used for the house pads. Now since the pond is not to be constructed the City staff is suggesting that material for the house pads come from off -site. Mr. Joyer said that RCWD has suggested taking dirt from a larger area within the subdivision and noted it would be cost prohibited to bring fill dirt from off site. Mr. Bohjanen said that if the dirt is removed now and in the future utilities are available and the lots can be subdivided, fill dirt will 1 1 101 COUNCIL MEETING JUNE 27, 1988 have to be brought in to make the new lots buildable. He asked if the prospective buyers will be made aware that dirt will have to be hauled in at their expense to make their lots buildable. Mr. Schumacher expressed concern because this is the second subdivision presented in the area where the City is developing an overall drainage plan. He noted that when this plan is completed there will be acquisition of easements and was concerned that with each new subdivison, there will be many more landowners involved in the acquisition. Mr. Hawkins suggested that the developer could be required to state in the covenants that there is an overall drainage plan coming and there may be future acquisition of easements and future assessments. Mr. Hawkins told the Council that he has not yet received the abstract but did get a call from Mr. Joyers attorney who explained that the abstract is being brought up to date and covenants are being drafted. He said a developers agreement will not be needed since there will not be installation of utilities and streets. Mr. Bisel moved to accept the final plat of Twilight III subject upon the abstract being delivered to the City Attorney and the need for covenants to include langauge regarding surface water management and the possibility of assessments and include the issue of the Planner regarding fill dirt be provided from off -site and have the City Engineer review the drainage plan with the developer. Mr. Neal seconded the motion. Mr. Joyer explained that requiring the fill dirt to be brought in off site creates a deviation from the original plan and creates a hardship. This is unexpected and with committments already made to prospective buyers, it would be hard on the developer. It is the developers intent to grade the site, create a pond and use the dirt in the proposed building site. Mr. Bisel said that the Council is trying to allievate future problems and said he would stand by his motion. Voting on the motion, motion carried unanimously. PLANNING AND ZONING REPORT West Oaks Homeowners Association, Variance - Mr. Miller explained that the Homeowners Association has requested a 102 COUNCIL MEETING JUNE 27, 1988 variance to build improvements to within three feet of the property line on Outlot D, West Oaks of Bald Eagle. This is a common lot for the benefit of the 59 lots owners within this subdivision. The purpose will be to beautify the area with retaining walls and decks so that the homeowners can use it more and have a storage area for the dock. Mr. Fred Chase representing the homeowners association noted that by landscaping the area it would look more like private property and thereby discourage public use. Mr. Bisel moved to approve the variance request from the West Oaks Homeowners Association as per the recommendations of the Planning and Zoning Board and without the gazebo. Mr. Bohjanen seconded the motion. Motion carried 'unanimously. Paul Howard, Site Plan - Mr. Miller explained that Mr. Howard has purchased a lot adjoining the Baldwin Lake Court to the north and wishes to add three mobile homes to the Baldwin Lake Court. The Planning and Zoning Board unanimously approved the plan. Mr. Bohjanen moved to approve the site and building plan for Paul Howard. Mr. Bisel seconded the motion. Motion carried unanimously. Ron Birch, Rezone, Set Public Hearing for July 25. 1988, 7:45 P.M. - Mr. Bisel moved to set the public hearing. Mr. Bohjanen seconded the motion. Motion carried unanimously. James Loughrey, Conditional Use Permit, Set Public Hearing for July 25, 1988 at 8:00 P.M. - Mr. Bohjanen moved to set this public hearing. Mr. Bisel seconded the motion. Motion carried unanimousy. CONSIDERATION OF A QUOTE FOR UPDATING THE LINO LAKES CITY CODE Mr. Schumacher explained that the City Code has not been updated since 1982. He has received a quote from Hoff and Allen who originally codified the City ordinances to update the Code and provide the City with an IBM disk so that the staff can update the Code each time there is a revision. Mr. Bisel moved to approve the request to have Hoff and Allen update the City Code. Mr. Neal seconded the motion. Motion carried unanimously. 1 COUNCIL MEETING JUNE 27, 1988 CONSIDERATION OF ORDINANCE NO. 05 - 88 AMENDING THE LINO LAKES CITY CODE TO INCREASE COMPENSATION OF THE LINO LAKES CITY COUNCIL - FIRST READING Mayor Benson noted that it has been six years since the salaries of the Mayor and Council have been adjusted and explained that if this ordinance were adopted it would not take effect until January 1, 1990. Mr. Bisel moved to accept the first reading of Ordinance No. 05 - 88. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES ORDINANCE NO. 05 - 88 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY INCREASING SALARIES OF THE MAYOR AND COUNCIL MEMBERS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. The City Code of the City of Lino Lakes, Anoka County, Minnesota is hereby amended by deleting and replacing Section 203, Subdivision 203.01 Council Salaries, Subdivision 1, Amount as follows: 203.01 Council Salaries Subdivision 1. Amount. Pursuant to the provision and allowance of Minnesota State Statutes 415.11, the salary of the Mayor of the City of Lino Lakes shall be three thousand five hundred dollars (3,500.00) per year and the salary of each Council Member shall be the sum of twenty six hundred dollars (2,600.00) per year. The salaries established hereby are to be paid monthly. II. This Ordinance shall be effective January 1, 1990. Passed by the City Council of the City of Lino Lakes this 2_7_ 103 104 COUNCIL MEETING day of `__June , 1988. Mari ,!Lk G. Anderson, Clerk - Treasurer JUNE 27, 1988 a��J -� ! : en, in G :en on, Mayor CONSIDERATION OF ORDINANCE NO. 10 - 88 INCREASING COMPENSATION FOR THE PARK BOARD AND THE PLANNING AND ZONING BOARD - FIRST READING Mr. Bisel moved to adopt the first reading of Ordinance No. 10 - 88 with the following addition after the first sentence " a quarterly salary of $50.00 with the Chairman of the commission to receive an added $50.00 consistant with .the Mayor /Council relationship. This will give the Chairman some responsibility to this position in both sections 211.05 and 212.06. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES ORDINANCE NO. 10 - 88 AN ORDINANCE AMENDING THE CITY CODE BY INCREASING THE COMPENSATION FOR THE PARKS, RECREATION AND ENVIRONMENTAL COMMISSION AND THE PLANNING AND ZONING COMMISSION The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. Parks Recreation and Environmental Commission The City Code of the City of Lino Lakes, Anoka County, Minnesopta is hereby amended by deleting and replacing Section 200, Subdivision 211.05 Appointment and Compensation of Members as follows: 211.05 Appointment and compensation of Members. The members of the Commission shall be appointed by a majority of the Council and shall receive a quarterly salary of $50.00 with the Chairman of the Commission to receive an added $50.00 1 COUNCIL MEETING JUNE 27, 1988 consistant with the Mayor /Council relationship. This will give the Chairman some responsibility to this position. However, to qualify for such salary, an attendance record of 70% must be ot- tained on a quarterly basis The salaries established hereby shall be effective July 1, 1988. II. Planning Commission The City Code of the City of Lino Lakes, Anoka County, Minnesota is hereby amended by adding Section 200, Subdivision 212.06 Compensation for Members as follows: 212.06 Compensation for Members. The Commission shall receive a quarterly salary of $50.00 with the Chairman of this Commission to receive an added $50.00 consistant with the Mayor/ Council relat- ionship. This will give the Chairman some responsibility to this position. However, to qualify for such salary, an attendance record of 70% must be obtained on a quarterly basis. The salaries established hereby shall be effective July 1, 1988. III. This Ordinance shall be effective from and after passage and publication as provded by the Lino Lakes City Charter. Passed by the Lino Lakes City Council this 27 day of June , 1988. Marilyn nderson, Clerk - Treasurer CONSIDERATION OF APPROVING. SOLID WASTE ABATEMENT JOINT POWERS AGREEMENT 1988 - 1989 105 COUNCIL MEETING JUNE 27, 1988 Mr. Schumacher explained that this is the same joint powers agreement that was used last year and probably will be used next year. The abatement plan for Lino Lakes should be completed shortly and placed on an agenda in July for the Council to consider. He recommended that the Council approve this agreement. Mr. Neal moved to accept the 1988/1989 Joint Powers Agreement. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF APPOINTING INDIVIDUALS TO FILL CURRENT VACANCIES ON THE CITY CHARTER COMMISSION Mr. Schumacher reminded the Council that about a month ago he had indicated that the Charter Commission lacks the appropriate number of members. The Council did authorize the Clerk to advertise the eleven vacant positions and several letters and telephone calls were received. Three of the vacancies are one year terms and eight vacancies are four year terms. A list of nineteen persons who responded to the advertisement was included in the Council packet. Mayor Benson indicated that he had been contacted by Bonnie Koppy, 6689 East Shadow Lake Drive and asked that she be included in the list. The Council discussed methods of selecting members from the candidate list and it was decided that each Council Member would vote for the eleven members that they would like appointed and the Clerk would tally who received the most votes. The Council was asked to indicate which candidate they were voting for one year and four year terms. The voting is as follows: One Year Term Ron Mikolai - Gene Mobley - Paul Howard - Elaine Jaworski Sally Kuether - Bill Molin Four Votes Two Votes Two Votes - One Vote One Vote - One Vote Four Year Term Kim Olson Sally Kuether Bill Molin - Four Votes - Three Votes - Three Votes 1 COUNCIL MEETING JUNE 27, 1988 Curtis Pelarski- Three Votes All Ross - Three Votes Warren Schlichting - Three Votes Debra Smith - Three Votes Royce Zaudtke - Three Votes Bonnie Koppy - Two Votes Jan Apitz - One Vote Jeanne Goldade - One Vote Paul Howard - One Vote Elaine Jaworski - One Vote Greg Olson - One Vote Dave Storberg - One Vote Ron Mikolai, Paul Howard and Gene Mobley were elected to the one year terms. Kim Olson, Sally Kuether, Bill Molin, Curtis Pelarski, Al Ross, Warren Schlichting, Debra Smith and Royce Zaudtke were elected to the four year terms. IIENGINEER'S REPORT - CHUCK WETZLER Resolution No. 46 - 88, Awarding Bid for D. Erickson's 2nd Addition, Phase II - Mr. Wetzler explained that bids were received on Thursday, June 23, 1988 and he recommended that the Council accept the low bid from Annandale Contracting. Mr. Bisel moved to adopt Resolution No. 46 - 88 awarding the bid to Annandale Contracting, Annandale, Minnesota for $199,601.68. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 46 - 88 RESOLUTION ACCEPTING BIDS FOR THE IMPROVEMENT OF D. ERICKSON'S 2ND ADDITION, PHASE II. WHEREAS, pursuant to an advertisement for bids for the improvement of D. Erickson's 2nd Addition, Phase II, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Annandale Contracting C. W. Houle, Inc. Orfei Contracting Kenko, Inc. Northdale Construction 0 & P Contracting $199,601.68 202,464.60 206,895.46 206,980.51 216,147.95 219,348.01 17 108 COUNCIL MEETING JUNE 27, 1988 B & D Underground, Inc. 229,362.10 Lametti & Sons 229,682.40 Bonine Excavating 231,663.90 Leustek 244,064.30 Albrecht Excavating 247,843.55 S. J. Louis Construction 250,389.00 Brown & Cris, Inc. 251,129.05 Nodland Construction 251,580.20 Landwehr Heavy Moving 260,950.25 R. D. McLean Construction 265,473.65 AND WHEREAS, it appears that Annandale Contracting of Annandale, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into the attached contract with Annandale Con - tracting, Annandale, Minnesota in the name of the City of Lino Lakes for the improvement of D. Erickson's 2nd Addition, Phase II according to the plans and specific- ations therefor 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 re- turn 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 City Council of Lino Lakes this 27th day of June, 1988. Marilyn . Anderson, Clerk- Treasurer ATTORNEY'S REPORT — BILL HAWKINS First Reading of Ordinance No. 08 - 88 Providing for the Deferment of Special Assessments - Mr. Schumacher explained that since the Council will be considering a number of assessment improvements this fall, he asked Mr. Hawkins to t 1 1 COUNCIL MEETING JUNE 27, 1988 prepare a generic draft ordinance for the Council to consider and change to what they feel would be appropriate for Lino Lakes. Mr. Hawkins told the Council that they should decide first whether they feel such an ordinance is appropriate for this City. If the Council feels it is appropriate, does the Council feel the standards suggested in this ordinance are appropriate or should they be adjusted. Another consideration should be whether or not there should be interest on the deferred assessments. He noted that some communites do not charge interest. Mr. Bisel felt the object of such an ordinance would be to not force older people out of their homes. Mayor Benson said that he has a problem with Subdivision I, Sections C and D. He asked if these figures are reasonable. Mr. Hawkins noted that the average value of a home in Lino Lakes is $84,000 and said that the figure used in the proposed ordinance may be low. After discussing items C and D further, Mr. Bisel moved to table this item until the July 25, 1988 Council meeting. Mr. Bohjanen seconded the motion. Motin carried unanimously. The staff was requested to research figures for items C and D further. CITY OF LINO LAKES ANOKA COUNTY MINNESOTA ORDINANCE NO. 08 - 88 AN ORDINANCE PROVIDING FOR THE DEFERMENT OF SPECIAL ASSESSMENTS The City Council of the City of Lino Lakes ordains as follows: SECTION I. DEFERMENT OF SPECIAL ASSESSMENTS Subdivision 1. The Council may defer the payment of any special assessments on homestead property owned by a person who is sixty -five (65) years of age or older, or who is retired by virtue of permanent and total disability, and the City Clerk is hereby authorized to record the deferment of special assessments where the following conditions are met; but nothing herein contained shall be construed to prohibit the determination of such a hardship on the basis of 110 COUNCIL MEETING JUNE 27, 1988 exceptional and unusual circumstances not covered by these standards and guidelines where the determination is made by the City Council in a nondiscriminatory manner that a deferment should be granted when such deferment does not give the applicant an unreasonable preference or advantage over other applicants: A. Any applicant must be sixty -five (65) years of age, or older, or retired by virtue of permanent and total dis ability, and must own a legal or eqitable interest in the property applied for which must be the homestead of the applicant. B. The applicant and any other owner of said property who resides therein with the applicant shall not have an annual gross income in excess of the Section 8, low income limits in effect at the time of the application (as established by the Department of Housing and Urban Development). Income specified in the application should be the income of the year preceding the year in which the application is made, or the average income of the three (3) years prior to the year in which the app- lication is made. C. The applicant and any other owner of said property who resides therein with the applicant shall not have gross assets (excluding the homestead property) in excess of $50,000. D. The Assessor's Market Value of the applicant's home- stead parcel shall not exceed $60,000.00. E. The limitations on an applicant's assets, and property market value may be adjusted on an annual basis upon recommendation of the City Administrator and motion of the City Council of the City of Lino Lakes. F. Unless otherwise provided under the resolution adopting said assessments, all such deferred assessments shall bear interest at the rate of eight (8 %) per cent per annum. G. This procedure shall not apply to any assessment of $100.00 or less. Subdivision 2. The deferment shall be granted for as long a period of time as the hardship exists and the conditions as aforementioned have been met. However, It shall be the duty 111 1 COUNCIL MEETING JUNE 27, 1988 of the applicant to notify the City Clerk of any change in his status that would affect eligibility for deferment. Subdivision 3. The entire amount of deferred special assessments shall be due within sixty (60) days after loss of eligibility by the applicant. If the special assessment is not paid within sixty (60) days, the City Clerk shall add thereto interest at eight (8 %) per cent per annum from the date assessments were adopted through December 31 of the following year and the total amount of principal and interest shall be certified to the County Auditor for collection with taxes the following year. Should the applicant plead and prove, to the satisfaction of the Council, that full repayment of the deferred special assessment would cause the applicant particular undue financial hardship, the Council may order that the applicant pay within sixty (60) days a sum equal to the number of installments of deferred special assessments outstanding and unpaid to date (including principal and interest) with the balance thereafter paid according to the terms and conditions of the original special assessment. Subdivision 4. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following: A. The death of the owner when there is no spouse who is elegible for deferment. B. The sale, transfer or subdivision of all or any part of the property. C. Loss of homestead status on the property. D. Determination by the Council for any reason that there would be no hardship to require immediate or partial payment. Subdivision 5. Notice of the special assessment deferral shall be filed by the City Clerk with the Anoka County Recorder as provided by law. Failure to record such notice, however, shall not affect the validity of the special assessments. Subdivision 6. Any person, firm, entity or corporation who shall provide false information in application for a deferral under this provision or shall violate any term or 1 1' 2 COUNCIL MEETING JUNE 27, 1988 condition contained herein shall be guilty of a misdemeanor as defined by state law. SECTION II. EFFECTIVE DATE. Subdivision 1. This ordinance shall be effective from and after its passage and publication as provided by the Lino Lakes City Charter. Passed this 27 day of June Lakes City Council. , 1988 by the Lino Marilyn 3. Anderson, Clerk- Treasurer STATUS REPORT ON DISTRICT MEMORIAL HOSPITAL AND AMBULANCE SERVICE - CHAIRMAN DUFRESNE Mr. Dufresne introduced the newly appointed administrator and controller of DMA, Mel Weber. Mr. Weber explained the current financial condition of DMH and the ambulance service. He explained that when the ambulance service was extended into Lino Lakes, it was expected that the service would bring additional patients to the hospital as well as generating more ambulance runs. This has not happened for several reasons and now the ambulance service is looking at a nine months operational loss. The ambulance service feels it is too soon to pull out of this area and is looking for ways to reduce operating costs. Mr. Weber noted that the ambulance service is paying rent and certain utilites at the fire station and asked the Council to consider reducing or eliminating these costs. Mayor Benson directed the Administrator to look at what the costs involve and report the effect of eliminating them at the July 25, 1988 Council meeting. He also asked that Mr. Weber be contacted when the agenda is set. Mr. Bisel said he felt this City has benefited greatly from the cooperation and good service provided by the ambulance service. OLD BUSINESS 1 1 COUNCIL MEETING JUNE 27, 1988 Status Report on Emergency Warning System, Chief Campbell - Chief Campbell gave a brief background on this item and told the Council that a committee consisting of Mr. Neal, Chief Campbell, Chief Gay, Don Volk and Civil Defense Director, Charles Cape have been considering the types of sirens available and the possible locations of the sirens. Chief Campbell has prepared a map of possible siren sites and explained the map to the Council. He also noted that these sirens would be mounted on top of a pole which probably will be located on highway right -of -way. Mayor Benson noted that the VFW has indicated that they will purchase the first siren at a cost of approximately $16,765.00. He also noted that there is money in the 1988 budget for the purchase of a siren and noted that if the City purchased a second siren, the second siren could be negotiated at a lower cost. Mr. Bisel moved to continue the Council meeting until all business is completed. Mr. Neal seconded the motion. Motion carried unanimously. Chief Gay explained some options available with the sirens such as an incoder and public address capability. He noted that the sirens could be activated by both central communications and the City. Mr. Bohjanen moved to check with the siren company to negotiate a second siren and select sites one (1) and three (3) as the location of the first two sirens. Mr. Neal seconded the motion. Motion carried unanimously. It was noted that the delivery date for the sirens would be four to six weeks after the order is placed. Centennial Fire District Resolution - Mr. Bisel moved to approve the resolution prepared by the Fire District. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 48 - 88 RESOLUTION AUTHORIZING CENTENNIAL FIRE DISTRICT TO ENTER INTO CONTRACTS WITH STATE OF MINNESOTA AND COUNTY OF ANOKA TO PROVIDE FIRE PROTECTION TO DEPARTMENT OF NATURAL RESOURCES, LINO LAKES STATE CORRECTIONAL FACILITY, AND ANOKA COUNTY PARK SYSTEM 113 114 COUNCIL MEETING JUNE 27, 1988 BE IT RESOLVED by the governing body of Lino Lakes, Minnesota as follows: Section 1. The State of Minnesota and the County of Anoka maintain and operate facilities within the Centennial Fire District. Municipalities are authorized by statute to send fire department equipment. and personnel to protect property in other jurisdictions, provided there is a contract, and collect a charge for this service. Therefore, it is hereby determined that it is in the best interests of the City to allow the Centennial Fire District to contract for providing fire protection to the State Correctional Facility located at Lino Lakes, to property under control of the Department of Natural Resources, and property under the control of Anoka County, such property being located within the boundaries of the District Adopted by the City Council of Lino Lakes this 27th day of June, 1988. Marilyn "G. Anderson, Clerk- Treasurer NEW BUSINESS . Benson, Mayor Consideration of Beer and Liquor Licenses Renewal - Mr. Hawkins told the Council that he has reviewed all of the applications and noted that the Chomonix Golf Club will need a certificate of insurance if it proposes sales of 3.2 beer of over $10,000.00 for the year. He also noted that evidence of payment of property tax payment has been received from My Place on the Lake. Mr. Bisel moved approval of all of the liquor and beer license applications for the following establishments contigent upon the Chomonix Golf Club and Lee's of Lino providing a certificate of insurance and waiting for the check from My Place on the Lake to clear the bank: 49 Club, Chomonix Golf Club, J & K Liquors, Ross' Corner Bottle Club, Tom Thumb Market, Circle Lex VFW Post #6583, Lee's of Lino Lakes, My Place on the Lake. Mr. Bisel also noted that the Council will not consider the 1989 license renewal if the applications are not completed by the date stated by the Clerk until the second meeting in July. This may mean that an establishment 115 COUNCIL MEETING JUNE 27, 1988 may have to close if the material is not in the office by a specified date. Mr. Bohjanen seconded the motion. Motion carried unanimously. Consideration of Aplication from Circle Pines Utility Commission for Gas Installation for Sunrise Meadows - Mr. Bisel moved to approve the application contigent upon the developer providing the proper map. Mr. Neal seconded the motion. Motion carried unanimously. Gambling License for Lino Lakes Lions Club - Mr. Bohjanen moved to approve this application and waive the thirty day waiting period. Mr. Neal seconded the motion. Motion carried unanimously. Gambling License for Twin City Lawmens Athletic Association - There were several questions raised by the Council; Who is this organization? Should they be investigated as liquor license applicants are investigated? Can there be two different organizations operating at one location? Mr. Bisel moved to delay action on this request until this organization presents a plan for the location of the operation and makes a presentation as to where the proceeds will be spent and who the Twin City Lawmen Athletic Association are and what the rental fee is. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson noted receipt of a certificate of appreciation for membership in the League of Minnesota Cities for thirty years. Mr. Schumacher noted that the County Assessors have started working on the 1989 assessment within this City. A notice was printed in the local newspapers. PLANNING AND ZONING REPORT John McLean , Outlot A - Mr. Bisel moved to table this request as the applicant is not in attendance. Mr. Bohjanen seconded the motion. Motion carried unanimously. I Mr. Bohjanen moved to adjourn at 10:35 P.M. Mr. Neal seconded the motion. Aye. 116 RECONVENED COUNCIL MEETING JUNE 27, 1988 The Council Meeting was reconvened for the purpose of establishing the next Council meeting date. The regularly scheduled meeting is July 11, 1988. It was established that three of the five Council Members would be out of the City on that date. Mr. Bisel moved to place all items scheduled for the July llth meeting on the July 25, 1988 agenda and send appropriate notices to the individuals and to adopt Resolution No. 47 - 88 regarding rescheduling the Main Street Improvement assessment hearing. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 47 - 88 RESOLUTION RESCHEDULING HEARING ON PROPOSED ASSESSMENTS FOR MAIN STREET IMPROVEMENT WHEREAS, a resolution dated June 13, 1988 established the date of July 11, 1988, 7:45 F.M. as the date to pass upon such proposed assessments, and WHEREAS, the City Council has determined that there will not be a quorum on July 11, 1988 and action upon the proposed assessments cannot be taken, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: 1. The public hearing be rescheduled for Monday, July 25, 1988 at 7:45 P.M. in the Council Chambers of the City Hall, 1189 Main Street, Lino Lakes, Minnesota and at such time and place all persons owning property affected by such improvement will be given an opportun- ity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and she shall state in the notice to be given to the owner of each parcel described in the assessment roll not less than.two weeks prior to the hearings. PAGE 1 1 1 1 RECONVENED COUNCIL MEETING JUNE 27, 1988 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 prop- erty, with interest accrued to the date of payment to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with in- terest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15, or interest will be charged through December 31 of the succeeding year. Adopted by the City Council this 27th day Maril Ben ' : min Anderson, Clerk- Treasurer /Igo G. Ben on, Mayor 1988. Mr. Bisel moved to adjourn at 10:40 P.M. Mr. Bohjanen seconded the motion. Aye. PAGE 2 117