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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. 1 1 1 055 COUNCIL MEETING November 26, 1984 Page Two 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. 056 COUNCIL MEETING November 26, 1984 Page Three 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. 1 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. 1 1 1 057 COUNCIL MEETING November 26, 1984 Page Four 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 058 COUNCIL MEETING November 26, 1984 Page Five 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. 1 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. 1 1 COUNCIL MEETING November 26, 1984 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. 059 COUNCIL MEETING November 26, 1984 Page Seven 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 1 1 1 1 061 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 062 COUNCIL MEETING November 26, 1984 Page Nine 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. 1 1 1 1 1 1 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. 063 ,Q,64 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