HomeMy WebLinkAbout11/26/1984 Council Minutes054
COUNCIL MEETING
November 26, 1984
The regular meeting of the Lino Lakes City Council was called to order
at 7:05 P.M. by Mayor Benson. Councilmembers present: Marier,
Reinert, Bohjanen. Members absent: Kulaszewicz. City Attorney, Bill
Hawkins; City Engineer, John Davidson; City Assessor, Margie Roisum;
Building Inspector, Pete Kluegel; Clerk- Treasurer, Marilyn Anderson
were also present.
CERTIFICATION OF COMMENDATION - STATE OF MINNESOTA
Mayor Benson presented a Certificate received from the governor's office
commending Lino Lakes for efforts made for community improvement, up-
grading the quality of life and enhancing the athletic environment.
CONSIDERATION AND APPROVAL OF MINUTES - NOVEMBER 13, 1984
Mr. Marier moved to accept the minutes of November 13,1984 as presented.
Mr. Bohjanen seconded the motion. Motion carried with Mayor Benson
abstaining.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS - NOVEMBER 26, 1984
Mr. Bohjanen moved to approve the disbursements as presented. Mr.
Reinert seconded the motion. Mr. Marier asked what the disbursement
for Madison Bionics was for. The Clerk could not identify this. Mr.
Marier asked about the disbursement for a police physical. It was
explained this was a condition of employment and would not be covered
by Workers Compensation.
Mayor Benson asked the Assessor about the disbursement for film. She
explained it was a year's supply.
The motion was amended to hold the disbursement for Madison Bionics.
On the vote, motion carried unanimously.
OPEN MIKE
A. Ron Conway - Mr. Conway and his neighbors who live at 6291, 6272,
6233, 6307, 6241, 6310, 6250, 6283 and 6299 Red Maple Lane
appeared before the Council to discuss their high property
taxes.
Mr. Conway said he feels that his estimated market value is too
high in comparison to like property in other sections of Lino
Lakes and other cities. He had the Assessor reevaluate his
property and she determined the value to be proper. Mr. Conway
said he had used his real estate computer to compare his
estimated market value to other properties and quoted market
values and property taxes of properties in Lino Lakes and other
communities.
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Mrs. Roisum explained she places estimated market values on
property. She does not determine the taxes. She explained she
is required to keep the market value at least 90% of the real
value. She is currently running about 93% of real value. Mr.
Conway said there were a number of homes on his block for sale
and doubted if the seller could get the price Mrs. Roisum has
determined to be the estimated market value.
Mr. Conway said the bottom line is that he and his neighbors
would like to see a reduction in taxes and be more comparable
to the properties he had previously listed. He and his neighbors
felt they were paying very high taxes and receiving no services
such as sewer and water.
Mayor Benson explained that the City is responsible for only
the City portion of the property taxes. He explained steps
this City is taking to try and reduce the tax burden through
our state legislators. He also explained that since Lino
Lakes is a much larger City than surrounding cities, the cost
of operating this City is more costly. He would like to see
the Citizens support the Council in their effort to reduce
taxes by contacting their state representatives, school board
members, etc.
Mr. Conway suggested that since he and his neighbors feel
they are over appraised, the County Assessor should reappraise
their property and the entire City. Mayor Benson felt this
could be costly.
Mayor Benson suggested these citizens put their concerns together
in writing so that this can be discussed at a special meeting
with our state legislature representative, possibly at a special
meeting early in January.
Mr. Conway said he felt he and his neighbors are paying for
services such as sewers that they do not have. They feel
they are subsidizing those that do have the service.
Again, Mr. Conway said he feels his property taxes are too
high because his property is valued too high. He suggested
if he cannot get Mrs. Roisum to agree, then the County should
reappraise. He told the Council his taxes are 60% too high
and he and his neighbors will not stop until something is
done. Mayor Benson said he would be willing to ask the County
to come in and reevaluate the property on Red Maple Lane if
the residents would pay this expense.
Mr. Marier said the Council has been working on reducing the
taxes as pointed out by Mayor Benson. He would like to wait
until all of the end results from the past Council actions
come to pass.
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Mayor Benson asked Mr. Conway and his neighbors to put their
facts and figures in writing so that the Council could also
look over them. The Council would like to follow through
with this and maybe take it to our legislators.
Several people from the audience spoke about their estimated
market value.
Mr. Reinert asked the Assessor to run some true comparables
in the Red Maple Lane area and some other similar areas.
He agreed taxes in Lino Lakes are high, but felt the Council
is trying to address the problem. This community does need
industrial and business development which would relieve the
homeowner of some of the tax burden. Mr. Bohjanen asked the
staff to approach the County to have them appraise some of
the property.
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Mr. McKenna from the audience proposed a plan which would
allow the Council to back its Assessor and stand behind the
people of Red Maple Lane. This would be a guaranteed buy
based on the appraisals of the Assessor wherein the City would
buy the property at say 80% of the appraised value. This
keeps the Assessor from over appraising and makes it equitable
for the residents. The Counci did not comment on this suggestion.
Mayor Benson again asked the residents to put their facts
and figures together for the Council so that a special meeting
could be held in early January with our legislators and County
Commissioner.
B. John Udstuen - Mr. Udsten had purchased a lot at 2098 - 64th
St., Lino Lakes in early summer and had called the City Office•
before he purchased the lot to inquire about a kennel license.
He was told he met all the criteria for obtaining the license.
Since that time, the City has imposed a moratorium on kennel
licenses and it appears that he will not be able to obtain
a license under the new proposed kennel ordinance. Mr. Udstuen
read the letter he has written to the Council requesting a
kennel license. He also read a letter from the City where
he is presently operating his kennel.
Mayor Benson explained that the Council will be considering
the proposed new ordinance later this evening and asked Mr.
Udstuen to stay for this item and the Council would then give
him some direction on handling this matter.
C. Joe Spetzman - Mr. Spetzman lives at 8171 Lake Drive. He
explained that when he purchased his property it was zoned .
commercial. He had paid a commercial price for the land and
now cannot use it as he had planned; expanding his son's transmis n
shop operation. He said his counsel had advised him that
it was unconstitutional for the City to change his zoning
without his consent. He also explained he had attended all
the meetings held at the time of the zoning change and had
requested that his property remain commercial.
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Mayor Benson suggested that Mr. Spetzman sit down with Mr.
Kluegel, and put together a plan for the use of his property
and then present that plan to the Planning and Zoning Board
for their consideration. Mr. Spetzman said he would like
the Council's feelings on rezoning before he goes through
any expense. Mayor Benson said the Council would consider
aly proposal that fits into the Ordinance.
Mr. Marier told Mr. Spetzman to get together with Mr. Kluegel
and put his ideas on paper for consideration.
The Council took a ten minute break.
FIRST READING - ORDINANCE #13 -84 AMENDING KENNEL ORDINANCE
Mr. Hawkins told the Council the draft ordinance before them was
a revision of the Ordinance submitted by the Planning and Zoning
Board. The only changes made were to clarify the language of the
Ordinance.
Mr. Marier said he still had some questions about the proposed
Ordinance in that it did not address whether kennels could be allowed
on smaller acreage; 1i, 2, 2i acres, etc.
Mr. Marier moved to return the draft Ordinance to the Planning
and Zoning Board and to have the Board address the question of
kennels on less than five acres. Mr. Bohjanen seconded the motion.
Mayor Benson said closing the door on smaller acreage may cause
more problems than before.
Mr. Schumacher said the kennel ordinance moratorium will expire
12/13/84. After this date, the Planning and Zoning Board and Council
will have to act on requests for kennel licenses under the old
ordinance. Mayor Benson said he did not think this would be a
problem.
Mr. Reinert questioned the nuisance factor under the proposed kennel
ordinance. Mr. Hawkins explained how this is handled. He felt
the Planning and Zoning Board should look at this because the nuisance
factor is just as important as the health and welfare issure.
On voting on the motion, motion carried unanimously.
Mayor Benson told Mr. Udstuen the Council cannot act on his request
for a kennel license until he formally applies for a kennel license.
.Me will probably have to apply under the old ordinance.
CONSIDERATION OF THE RECOMMENDATIONS PRESENTED BY THE POLICE TASK
FORCE
Mr. McKenna, representing the Police Task Force reviewed some
of the facts and figures presented at the November 13, 1984 Council
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meeting. He again reiterated it is the recommendation of the Task
Force that the City continue its own police department and hire
a new police chief and increase its patrol time; presently, the
cost of our own police department is less than $1.00 per person
per week.
Mr. Reinert asked about who the Task Force had talked to in Circle
Pines about shared services. Mr. Jensen said he had talked to
Mr. Illenfeldt, Chairman of the Police Commission. One reason
Mr. Illenfeldt felt this City should hire its own police is that
this City is so large and had a potential for a large increase
in population.
Mr. Marier updated the Council on a meeting held at City Hall with
Sheriff Talbot, Randy Schumacher, Mr. Marier and Mr. Kulaszewicz.
Sheriff Talbot had said if the City signed a contract for county
coverage in addition to the contract fee, the County would need
office space for files and space for housing a squad car.
Mrs. Apitz from the audience told of a poll she had taken of her
customers. She said 73% of those questioned preferred to keep
our own police department.
Mayor Benson thanked the Task Force for their recommendation and
for the time spent throughout this past year.
Mr. Bohjanen said the Task Force made a wise recommendation and
moved to approve their recommendation and hire a police chief.
Mr. Reinert seconded the motion. Motion carried unanimously.
Mayor Benson suggested that Mr. Schumacher give the Council a time
table for hiring a new police chief. Mr. Schumacher suggested
a time of 75 days maximum for having a new chief on board. He
suggested using a 30 -day period for advertising, a 30 -day period
for screening, reviewing and hiring process and 15 days for the
individual to give his resignation at his present position.
Mayor Benson felt this may be too short of a period to thoroughly
go through the process. He suggested starting the process and
see what we have. We may not have a qualified person at the end
of 75 days.
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Mr. Marier suggested setting down a procedure; who is going to
screen the candidate, how many, what are going to be the requirements,
conditions of employment, etc. He felt more people should be
involved in the screening process.
Mr. Schumacher said he was looking for the ability to start advertisi
he could then put a schedule together.
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COUNCIL MEETING
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Page Six
Mr. Benson asked that a list of requirements and procedures be
put together by the next meeting.
Mayor Benson asked Mr. Schumacher and Mr. Zerwas if there was some
discipline problem in the police department, has the Council taken
the club out of the officer in charge's hand by not giving him
the title of Acting Chief. Officer Zerwas said yes, officers do
not respect "Officer in Charge ".
Mr. Reinert said Officer Zerwas was acting for the Council and
felt a letter from the Mayor to the department making this very
clear was in order. Officer Zerwas said this would help the situ-
ation.
Mr. Marier moved to put together a directive that will direct police
department; that the Officer in Charge has the complete authority
and full support of the Council and the decisions he will make
and direct to the City Administration on discipline will be reinforced
by the Council. Mr. Reinert seconded the motion. Motion carried
unanimously.
PLANNING AND ZONING REPORT - PETE KLUEGEL
A. Morehouse Subidvision - Mr. Kluegel explained Mr. Morehouse
owns 40 acres at the west end of 79th St. and has requested
a metes and bounds subdivision of 5 acres with 330' frontage
on 79th Street so that he may deed it to his son for a dwelling.
The area is zoned ER, his request meets the requirements of
the Ordinance, the Planning and Zoning Board recommends approval
of the request and the park dedication will be paid at the
time a building permit is requested.
Mr. Bohjanen moved to approve this request. Mr. Reinert seconded
the motion. Motion carried unanimously.
B. Group W Cable TV - Mr. Kluegel explained that Group W is looking
for a location for the tower to service cable TV in Lino Lakes.
They had appeared before Planning and Zoning requesting a
metes and bounds conveyance of ten acres, a variance to the
330 foot frontage requirement and conditional use permit for
construction of the tower and a concrete block building in
a rural area. The Planning Commission had recommended denial
of the variance request for front footage.
Mr. Schumacher told the Council that Group W had called and
asked that this item be tabled and asked for a meeting with
the City Administrator, Mayor and Planning and Zoning Board
Chairman. They would like to talk about some of these issues.
Mr. Marier moved to table this item until the next Council
meeting. Mr. Reinert seconded the motion. Motion declared
passed with Mayor Benson voting no.
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CONSIDERATION OF FINAL PLAT APPROVAL - WEBER ADDITION
Mr. Kluegel said that the stipulations imposed on the Weber Plat
at the June 25, 1984 Council meeting have now been fulfilled.
The plat is now really for Council approval.
Mr. Reinert asked about the condition of Tomahawk Trail in front
of this plat. Mr. Davidson said this has been reconstruction by
the contractor.
Mr. Marier moved to accept this plat for signatures by the Mayor
and City Clerk. Mr. Bohjanen seconded the motion. Motion carried
unanimously.
ENGINEERS REPORT
Mr. Davidson said his report will deal with Rice Lake Estates and
he will address this under the Attorney's Report.
ATTORNEYS REPORT
Mr. Hawkins told the Council that one of the original petitioners
for municipal services in the Urban Service District #1, Ulmer
Construction no longer wants the service extended onto his property.
The Council now has to look at some alternatives.
Mr. Hawkins and Mr. Schumacher met last week and then discussed
the issue with Mr. Davidson and have this proposal: extend the
main and install the lift station and interior lines in Rice Lake
Estates and an extension of a main to the southerly boundary line
of Ulmer's Rice Lake III addition, but not providing interior service
at the present time. He proposes that properties that would have
the ability to have a direct connection to the system be notified
and hold a hearing to see if they are interested in this proposal.
The Council would then accept Mr. Davidson's report tonight and
set a hearing.
Mr. Davidson said the project would be restricted to the plat of
Rice Lake Estates and then be extended north to the south line
of Ulmer's Rice Lake III Addition. As a result of placing this
as an assessment against the Ulmer's Addition as a condition of
future platting requiring that sewer be available before those
lots be developed, it can be done and is a viable project, but
would require another public hearing due to the fact that this
property adjacent to the proposed sewer would now be assessed rather
than being selective about assessed areas.
Mr. Marier pointed out that there will be some• Community Development
Block Grant money available for property owners who qualify as
low or moderate income or senior citizens whose assessments could
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COUNCIL MEETING
November 26, 1984
Page Eight
deferred until the property is sold. Also, there are some property
owners along the route who have voiced some interest in connecting
to the service.
Mr. Davidson said this action requires the Council again go through
the hearing process and the 60 -day waiting period according to
the charter.
Mr. Reinert moved to set a public hearing for December 27, 1984
at 7:15 P.M. and accept Resolution #34 -84. Mr. Marier seconded
the motion. Motion carried unanimously.
RESOLUTION #34 - 84
RESOLUTION REAFFIRMING THE ADOPTION OF THE FEASIBILITY REPORT FOR
RICE LAKE ESTATES, ITS AMENDMENT AND SETTING PUBLIC HEARING ON
THE PROPOSED IMPROVEMENT
WHEREAS: The Lino Lakes City Council has reaffirmed the adoption
of the feasibility report presented September 12,
1983 for Rice Lake Estates and the following described
property;
On /within Urban Service Area "A" including Rice Lake
Estates and Ulmer's Rice Lake 3rd Addition and properties
adjacent to (North Road) Lake Drive from Sunset Road
to Rice Lake Drive (2nd Avenue), and Rice Lake Drive
(2nd Avenue) from Lake Drive to Ulmer's Rice Lake
3rd Addition; and, along State Truck Highway 49 (Hodgson
Road) from Lake Drive to Rice Lake Estates, and
WHEREAS: The Lino Lakes City Council has accepted the amendment
to the feasibility report presented November 13, 1984.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES,
MINNESOTA:
1. The Council will consider the above described
improvement in accordance with the report of
the City Engineer and the assessment of benefited
property for all of the costs of the improvement
pursuant to Chapter 8 of the Lino Lakes City
Charter and Minnesota Statutes Chapter 429.
2. The estimated unit price of such improvement
is $6,300.00 for water service and sanitary sewer
service per acre. The estimated total cost of
the project is $1,743,920.00.
3. A public hearing shall be held on the proposed
improvement on the 27th day of December, 1984
in the Council Chambers at the City Hall at 7:15
P.M. The City Clerk shall cause the notice of
the public hearing be published twice, at least
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COUNCIL MEETING
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one week apart, in the official newspaper of
the City, no less than two weeks prior to the
date of said hearings, and in addition thereto,
a copy of this notice shall be mailed to each
benefited property owner at their last known
address at least two weeks prior to the date
of the hearing.
Adopted by the Council this (, day of November, 1984.
Marilyn G. Anderson, Clerk- Treasurer
Benj -min G. Benson, Ma or
Mayor Benson asked Mr. Schumacher to initiate personal contact
with some of the residents in this area to assure them that there
are ways for the City to help them with their assessments.
CONSIDERATION OF FIRST AMENDMENT TO JOINT POWERS AGREEMENT - FIRE
DISTRICT
Mr. Schumacher updated the Council on the proceedings of the joint
fire district and everyone has agreed on all the language of fire
contract except for one issue, the depreciation issue. They have
authorized the two City Attorneys and two City Administrators to
get together and come up with some percentage figures on the depreci-
ation issue.
Mr. Marier moved to table this issue until the next meeting. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
SECOND READING - ORDINANCE #12 - 84, PENALTY FOR DELINQUENT SEWER
BILLS
Mr. Reinert moved to waive the second reading of Ordinance #12
- 84 and adopt same. Mr. Bohjanen seconded motion. Motion carried
unanimously.
CONSIDERATION OF ISO COMMJRCIAL RISK SERVICES, INC., FIRE RATING
STUDY
Mayor Benson had asked for this study so that certain parts of
the City could be readjusted for lower fire insurance rates.
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COUNCIL MEETING
November 26, 1984
Page Ten
The ISO Commercial Risk Services have completed their study and
have indicated they are reclassifying the fire rating for a portion
of the City from nine to seven which will reduce rates from 23%
to 25 %. Mr. Schumacher said he would like to send this information
to the affected residents with their next water billing so that
they can notify their individual insurance companies. The new
ratings become effective December 1, 1984.
CONSIDERATION OF A REQUEST FROM ALEXANDRA HOUSE
Molly Greenman, the Director of Alexandra House thanked the Council
for their past support of Alexandra House and she and Kay Murphy
were here tonight to request that they be considered again when
the Council allocated funds from the Community Development Block
Grant.
Mr. Schumacher explained the process and timetable for the Community
Development Block Grants which is from now until May 15, 1985.
The Council has to have all its projects into the County for funding
by March 15, 1985.
Mayor Benson asked Mrs. Greenman if there has been a number of
persons from Lino Lakes who have used the facilities. She said
at least 16 people since they have been opened, however, they also
serve many people by phone who do not identify their address.
The cost is approximately $35 a day per person.
Mr. Reinert asked how the facility is working out. Mrs. Greenman
said, great, they have six bedrooms, one handicapped bedroom with
a capacity of seventeen women and children a day. There is not
nearly enough space to serve all who need it.
Mayor Benson said that the Council will take this request under
advisement and include it with their considerations of funding
for some of the eligible landowners in Urban Service District #1.
OLD BUSINESS
There was no old business.
NEW BUSINESS
A. Resignation of Julie Boden - Mr. Bohjanen moved to accept the
resignation of part -time police officer Julie Boden and send
her a letter thanking her for her service. Mr. Marier seconded
the motion. Motion carried unanimously.
B. Street Light Request - Mr. Schumacher presented.a petition
for a street light at the N.W. corner of Diane Street and
Lake Drive.
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COUNCIL MEETING
November 26, 1984
Page Eleven
Mr. Volk, Public Works Director has requested the power companie
install fourteen street lights in various parts of the City.
The first four have now been installed. Mr. Marier suggested
that Mr. Volk get a committment from the power company as
to when these lights will be installed.
Mayor Benson asked for Mr. Volks' recommendation on this parti-
cular street light. Mr. Schumacher said Mr. Volk is presently
preparing a street light policy, but he had no comment on
this street light.
Mr. Reinert moved to refer this petition to Mr. Volk and
have him give a recommendation for the next Council meeting.
Mr. Bohjanen seconded the motion. Motion carried unanimously.
C. Appointing one new member and one alternate member to the
Senior Council - Mr. Bohjanen moved to appoint Sylvia Goldbeck
to replace Mrs. Scudder and appoint Mrs. Valerie Rosengren
as an alternate to the Senior Council. Mr. Marier seconded
the motion. Motion carried unanimously.
D. Setting date for last Council meeting in December - Mr. Marier
moved to set the second Council meeting in December for December
27, 1984 at 7:00 P.M. Mr. Bohjanen seconded the motion.
Motion carried unanimously.
Mayor Benson noted that the Planning and Zoning Board will hold
a Special Meeting Wednesday, November 28, 1984 at 7:30 to deal
with accessory buildings.
Mayor Benson read a letter addressed to the Mayor and Council ex-
pressing his appreciation and the appreciation of the residents
of West Oaks for the restoration of Ash Street.
Mr. Reinert moved to adjourn at 10:00 P.M. Mr. Bohjanen seconded
the motion. Aye.
These minutes were considered, corrected and
meeting on December 10, 1984.
Al 0' ' V_ A. 6,y-.
. Marilyn G. Arklerson, Clerk /Treasurer
ved at a regular
Benjamin Benson, Mayor