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HomeMy WebLinkAbout12/27/1984 Council Minutes071 COUNCIL MEETING December 27, 1984 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M. by Mayor Benson. Council members present: Bohjanen, Reinert, Marier, Kulaszewicz. City Attorney, Bill Hawkins; City Engineer, John Davidson; Public Works Director, Don Volk; Building Inspector, Peter Kluegel; Clerk- Treasurer, Marilyn Anderson were also present. City Administrator, Randy Schumacher was absent. CONSIDERATION AND APPROVAL OF MINUTES - DECEMBER 10. 1984 Mr. Bohjanen moved to accept the minutes of December 10, 1984 as presented. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - DECEMBER 27, 1984 Mr. Kulaszewicz asked about the disbursement for Northern Services under Government Buildings. The Clerk explained the figure includes the bill for clean up near the Senior Center because a pipe froze and broke last week. The pipe has broken again. She explained this amount should be recovered from the contractor's insurance company. Mr. Marier asked about the Tom Thumb expense. Mrs. Anderson explained this is mostly the cost of buying coffee in bulk. This will last about four months. Mr. Marier questioned the squad repair bill from Skyline Auto. The Clerk explained that $100.00 of the bill is the deductible from our insurance. This was the accident involving Officer Essig. Mr. Kulaszewicz moved to approve the disbursements as presented. Mr. Marier seconded the motion. Motion carried unanimously. OPEN MIKE Mr. Juleen from the audience asked why Mr. Don Hoglund, a City resident and printer no longer is doing any of the City printing. In the past he did a majority of the printing and now all the City printing is being done at Advance Printing. The Clerk said the printing is "done by the one who gives the City the best price. Recently, the City has not had any printing done. Mr. Hoglund will be given consideration on all printing needs. CONSIDERATION OF FIRE CONTRACT AND DISTRICT BUDGET APPROVAL Mr. Neal Benjamin and Mr. Barry Mattson from the Centennial Fire District were present to answer any questions the Council may have on this matter. IMr. Bohjaned asked if the Fire Commission had settled on a name for the Fire District. Mr. Mattson said yes, the District is named Centennial. They had invited input from the citizens through news- paper ads. 072 COUNCIL MEETING December 27, 1984 Page Two Mr. Bohjanen asked why the Circulating Pines was designated as legal newspaper when both the Circulating Pines and Quad Press are the legal newspapers of Lino Lakes. He asked if the Fire District had to have a legal newspaper. Mr. Benjamin said the district does have to select an official publication. Mr. Benjamin said the district has been using both papers. He said the district will select an offficial publication at their January meeting. Regarding the district budget; Mr. Marier questioned the budget amount for salaries. He thought this figures was to be divided in half. Mr. Benjamin said the number of fire fights has been scaled down, but the training will remain at the same level because they will be losing some of the experienced firefighters in the transition. Mr. Marier asked about $180 budget for the publication "Smoke Eaters ". Mr. Mattson said this is a subscription for each fire fighter. Mr. Marier asked about the larger amount budgeted for repair of pagers. Mr. Ben amin said the pagers have been a problem for all fire departments and they are trying to resolve this. Mayor Benson said the cost to the City for 1985 will be about $66,000, less a rebate due from Lexington in 1985, or a total of about $55,000. This means an increase of $5,000 to $6,000 in 1985 over 1984 fire coverage costs. Mr. Marier moved to approve the budget as presented. Mr. Kulaszewicz second the motion. Motion declared passed. Mayor Benson noted the Lino Lakes City Council met with the Circle Pines City Council and Centerville City Council in Circle Pines on December 19, 1984 to clarify the remaining questions regarding the Joint Powers Agreement amendment. Depreciation was the main problem. What happens at the end of ten years? Mr. Marier had suggested extending the district five more years and this eliminated the problem fire fighting equipment from Centerville and left one vehicle in Circle Pines with two years of depreciation remaining. A value will be placed on this vehicle shortly. Now both Centerville and Circle Pines have adopted the First Amendment to the Fire District contract. 1 Mr. Marier moved to accept the amendment to the Fire District contract as presented to all three City Councils and as corrected. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Benjamin told the Council as reported in the newspapers, there are some disgruntled firemen and it will take some time to get every- thing together. Mayor Benson said it is real important to keep a good channel of communication open. 1 1 1 073 COUNCIL MEETING December 27, 1984 Page Three Mayor Benson asked the Clerk to send a letter to the Lexington Fire Department indicating that as of 1/1/85 the Centennial Fire District will be in operation and thank them for their service in the past. He also thanked Mr. Benjamin and Mr. Mattson for coming this evening. PUBLIC HEARING - RICE LAKE ESTATES AREA UTILITIES Mayor Benson opened the public hearing at 7:20 P.M. Mr. Davidson, City Engineer explained the purpose of the public hearing is for the improvement and extension of utilities into the west central part of the City. This will require that a Metropolitan Waste Control Commission interceptor be extended into that part of the City. He expects the project to be initiated sometime in mid - 1985. Mr. Davidson gave background information on the proposed project starting with several informational meetings and then explained by use of maps where he expected the improvements to be placed. This hearing tonight is to determine if the project should be constructed and there will be another hearing when the costs are known to levy the costs to the benefiting properties. Tonight the Council is asking for public input and Mr. Davidson is here to answer questions. The project now being considered is area A on the map and relates to Rice Lake Estates on the south, the Schmidt property, Maudies, and the properties on either side of 2nd Avenue that are above the 100 -year flood plain up to Ulmer's Addition and including an area in Ulmer's Addition. The figures discussed here tonight are estimated figures. He went on to explain how the construction would be bid and indicated there are people along the route who will qualify for low or moderate income assistance. Mr. Davidson explained in detail how the project would be constructed and also noted that 2nd Avenue is not located in the center of the right -of -way. Therefore the placement of utilities'has not yet been determined. Also permits will be required from MnDOT, Metropolitan Waste Control Commision, Minnesota State Board of Health, Rice Creek Watershed District, Department of Natural Resources and Corp of Engineers. The City will bond for the improvement andthere will be developer contracts and he recommended the assessment be bonded for 15 years. So far, the Council on November 26, 1984 received a feasibility report and ordered this public hearing, notices of this hearing appeared in the December 6 and 13 newspapers and notices were mailed to affected property owners December 14, 1984. There is a 60 -day waiting period starting with this public hearing to allow anyone to circulate a petition against the project. If 51% of the affected property owners object to the project, the project will not be con- structed. The City Council will meet on February 25, 1985 and if there is no formal objection, the Council can order plans and specifi- cations. About April 22, the legal work will be completed as well as the final plans and specifications and the project will be bid. 074 COUNCIL MEETING December 27, 1984 Page Four Bids could be opened May 24 and awarded May 28, construction could be completed by October 1, 1985 and the final street work by July, 1986. The assessment hearing could be held September 10, 1985 and the assessment levied to the County by October 10, 1985. Mr. Juleen said he heard Ulmer has backed out of the project, why not obtain service for Rice Lake Estates from Circle Pines, why extend services to Ulmer's Addition? He also explained the citizens went to court three years ago to stop another proposed sewer project, this was a big expense and now the City is right back at it again, the project hasn't changed, only the amount has become larger. He said he has been told the Lakeview Area has nothing to do with this project but he did not believe this. Mayor Benson explained Ulmer is still a concerned party in this project and there were other parties along the line who want and have asked for sewer. This project is not based on the Lakeview area, onlythe area outlined by Mr. Davidson. Lakeview will get sewer only if the residents petition for it. The City Charter protects citizens in this sort of thing. Mr. Juleen said he still believed his area would end up being affected by the project. He asked why not wait until Metropolitan Waste Control puts the main interceptor in. Mr. Kulaszewicz said Metro Waste would charge the cost back to the City. Mr. Davidson explained how the size of the pipes and pumps were determined and further explained this would allow for future expansion. Mr. Emery who owns property next to Skyline Auto felt it would make more sense to run the pipe lines where there are more houses and more people would benefit. His property is all marsh and it would not benefit him. Mr. Davidson explained if it is determined his land is wetland and cannot be benefited, he will not be assessed. Mr. Gearman questioned the estimated cost for engineering on the project. Mr. Davidson explained this estimate covers the project from the time the City Council held the first hearing through final inspection. He said he will try to obtain the engineering information from the project proposed about three years ago and try not to dupli- cate this work. Mr. Shaw, who lives on Hodgson Road asked what would happen if the Council approved the project by a 4/5 vote and a petition with 51% of the people against the project is received. Mr. Hawkins said the Council would not have the authority to order the project. The petition signers would have to be from the affected area and there can only be one petition signer per parcel. Someone from the audience asked who determines if the property is buildable. Mr. Davidson explained this is determined by vegetation. The Department of Natural Resources or Corp of Engineers makes this determination. Mr. Juleen asked if there is to be a water tower where it will be located. Mr. Davidson said it is planned for north of the correctional 1 075 1 facility. COUNCIL MEETING December 27, 1984 Page Five Mr. Kulaszewicz moved to close the public hearing at 8:30 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. There was a 10- minute break. RESOLUTION NO. 36 -84 TRANSFER FEDERAL REVENUE SHARING Mr. Reinert moved to adopt Resolution 36 -84 and waive the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. RESOLUTION #36 - 84 RESOLUTION AUTHORIZING CITY CLERK TO TRANSFER FEDERAL REVENUE SHARING FUNDS WHEREAS, there exists a balance of $37,647.49 in the Federal Revenue Sharing Fund account, and WHEREAS, the City Council authorized the expenditure of these funds. IINOW THEREFORE BE IT RESOLVED, that the Lino Lakes City Clerk be authorized to transfer from the Federal Revenue Sharing Fund account the amount of $37,647.49 to be transferred to the General Fund. IMr. Marier moved to adopt Resolution #38 - 84 and dispense with the reading. Mr. Kulaszewicz seconded the reading. Motion carried unanimously. Passed by the City Council this 27th day of December, 1984. 1)71C-4 //ff Marilyn G. Anderson, Clerk - Treasurer CONSIDERATION OF FINAL ADOPTION OF THE 1985 BUDGET AND RESOLUTION #38 - 84 076 COUNCIL MEETING December 27, 1984 Page Six RESOLUTION 1138 -84 RESOLUTION ADOPTING THE 1985 ANNUAL OPERATING BUDGET FOR THE CITY OF LINO LAKES. WHEREAS, Pursuant to Charter authorization, Section 7.06, the Lino Lakes City Council is required to adopt a resolu- tion setting out all anticipated revenues and expendi- tures for the upcoming fiscal year NOW THEREFORE, BE IT RESOLVED: That the following operating budget be adopted for 1985: 1985 BUDGET RECEIPTS: Levy Other State Grants (MSA Roads) State Aid City Services Police Receipts Refunds & Reimbursements Federal Revenue Sharing Total Receipts DISBURSEMENTS: Mayor & Council Elections & Voters Registrations Administration Assessor Legal Printing Consultants Planning and Zoning Board Government Buildings Charter Commission Police Department Fire Department Building Inspections Civil Defense Animal Control Public Works Department Weed Inspections Parks Department Park Boa -rd Members Cable T.V. Union Contract & Non - Classified Employees Salary Adjustement SURPLUS Total Disbursements Ado4oted by the Lino Lakes City Council this , 1984. <-r7 ATTEST: - -)f %f C" njami en on, Mayor Final Budget $775,000 13,000 196,308 96,500 83,300 16,567 41,760 $ 18,450 3,000 113,305 14,455 1,900 78,100 990 61,900 .200 328,705 63,315 44,050 3,675 4,150 339,140 275 64,325 700 6,800 25,000 50,000 ,71 day of M AAL arilyn Anderson, City Clerk $1,222,435 1 $1,222 5 1 1 COUNCIL MEETING December 27, 1984 Page Seven PLANNING AND ZONING REPORT - PETE KLUEGEL A. Set Public Hearing - Ordinance #14 - 84 - Accessory Buildings. Mr. Kulaszewicz moved to set the public hearing for January 28, 1985 at 7:30 P.M. Mr. Bohjanen seconded the motion. Motion carried unaimously. B. Set Public Hearing for Conditional Use Permit - Group W Cable. Mr. Bohjanen moved to set the public hearing for 7:30 P.M. January 14, 1985. Mr. Marier seconded the motion. Motion carried unanimously. C. Set Public Hearing for Kennel License - John Udstuen. Mr. Marier moved to set the public hearing at 7:15 P.M., January 14, 1985. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. D. Consideration of Ordinance #13 - 84, Kennel License Ordinance. Mr. Kluegel explained this draft ordinance had been before the Council and had been returned to the Planning and Zoning Board for further consideration regarding Kennels on one acre lots in the rural area. The Planning and Zoning Board has affirmed this Ordinance and especially the five acre minimum lot size. As far as lots under five acres, there is the variance procedure and they should be handled on individual basis treating them as the exception and not the rule. All kennels existing at this time are grandfathered in. Mr. Reinert asked why have the ordinance if you are going to treat- each case individually. Mayor Benson felt it was a backward way of handling these cases. Mr. Paul Haward from the audience felt the Ordinance was too restrictive in that it also requires each dog to be licensed. Mrs. Evelyn Christianson from Elm Street felt the Ordinance was building in extra work and felt the present method would be move appropriate. Mr. Marier moved to adopt Ordinance #13 - 84. Mr. Kulaszewicz seconded the motion. Motion carried with Mayor Benson voting no. 077 078 COUNCIL MEETING December 27, 1984 CITY OF LINO LAKES Page Eight COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 13 - 84 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING CERTAIN DEFINITIONS, REQUIREMENTS AND CONDITIONS TO THE EXISTING KENNEL CODE. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. AMENDMENT. Section 607.01 of the Lino Lakes City Code is hereby amended to read as follows: 607.01 Definitions. Subdivision 1. Dog. For purposes of 607.01 through 607.06, "dog" shall include all dogs over the age of six (6) months. Subd. 2. Private Kennels. The keeping of three or more dogs on the same premises, whether such dogs are owned by the same person or not, shall constitute maintenance of a dog kennel. A private kennel shall be limited to a maximum of four dogs at all times. Subd. 3. Commercial Kennels. A11 kennels where the owner(s) boards, raises, breeds, sells or otherwise cares for a dog(s) for a consideration. 607.02 Licenses. Subdivision 1. License Required. No person shall maintain a kennel without having obtained a kennel license. Subd. 2. Dog License. Dogs kept in a licensed.. kennel shall be required to be individually licenses pursuant to this code. 607.03 Requirements. Subdivision 1. Private Kennels. Private kennels shall be allowed only in the ER, rural, and heavy and light industrial districts after issuance of a conditional use permit by the City of Lino Lakes. Subd. 2. Commercial Kennels. Commercial kennels shall be only allowed in heavy and light industrial districts after issu- ance of a conditional use permit by the City of Lino Lakes. Subd. 3. Health, Safety and Welfare. No kennel license shall be issued or renewed if the Council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. 1 1 1 COUNCIL MEETING December 27, 1984 Page Nine Subd. 4. Land Requirements. Five acres of land required for private kennels in the ER and rural district. Subd. 5. Notification. Notification of public hearing for conditional use permit to operate a kennel must be sent to all property owners within 1,000 feet of proposed kennel. 607.04 Conditions. Subdivision 1. Sanitation. Every dog kennel shall be kept in a sanitary and healthful condition. Subd. 2. Inspection. Every dog kennel shall be open to com- plete inspection by any properly designated officer or employee of the City, at any reasonable time. Subd. 3. Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, alleys or other public grounds or on private property of others within the City. Subd. 4. Noise. No person maintaining a kennel shall permit the dogs kept there to make noise from any cause whatsoever, suffi- cient to constitute a public nuisance. 607.05 Nuisance. Subdivision 1. Any kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. 607.06 Grandfather Clause Subdivision 1. All kennels which are validly located within the City of Lino Lakes prior to the adoption of this ordinance, may continue to exist as to size and present location, provided the kennel does not violate any provisions of the Lino Lakes City Code in force on the date this ordinance is passed and adopted. II. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Code. Passed by the City Council of the City of Lino Lakes, Anoka County, Minnesota, this / day of .4&e6/4i, t , 1984. Marilyn G. Anderson, Clerk- Treasurer (CITY SEAL) 079 08 COUNCIL MEETING December 27, 1984 Page Ten CONSIDERATION OF PLACING BIDS FOR NEW SQUAD CAR Mr. Volk is ill, but has given the Council information and his recom- mendation for purchasing one new squad. Mayor Benson said the officers had liked the mid -size Chevrolet Malibu squad. Mr. Volk had recommended the full -size Crown Victoria. Mr. Marier moved to purchase the mid -size LTD, 1985 with the bid price of 11,096.00. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. CONSIDERATION OF ADOPTING COOPERATIVE PURCHASING AGREEMENT WITH HENNEPIN COUNTY AND RESOLUTION #37 - 84 Mr. Kulaszewicz moved to adopt resolution #37 - 84 and waive the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. RESOLUTION NO. 37 - 84 RESOLUTION REQUESTING INCLUSION OF THE CITY OF LINO LAKES IN THE HENNEPIN COUNTY COOPERATIVE PURCHASING PROGRAM WHEREAS, The City of Lino Lakes purchases supplies and equipment regularly from time to time, and WHEREAS, Much time is spent in preparing specifications and gathering and investigating prices for formal and informal bidding, an WHEREAS, Better prices can probably be obtained by purchasing in larger quantities, and WHEREAS, Joint purchasing makes available broader based purchasing power, and WHEREAS, A joint purchasing program is available to Lino Lakes with Hennepin County, NOW THEREFORE BE IT RESOLVED that the City of Lino Lakes requests permission from Hennepin County to be included in its joint purchasing program, and BE IT FURTHER RESOLVED that the City Administrator will designate a staff person to meet with the joint purchasing committee as such meetings occur. BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby authorized and directed to execute the cooperative purchasing agreement with Hennepin County, a copy of which is on file in the office of the City Clerk. Approved and adopted this 27th day of December, 1984. ATTEST: �j1. ' chi\ t iZi, t- - Benjamin) G. Benson, Mayor A4 'b. 'iL,1,64,1 Marilyn G. Anderson, Clerk- Treasurer 081 COUNCIL MEETING December 27, 1984 Page Eleven CONSIDERATION OF AWARDING BIDS FOR SENIOR KITCHEN Two bids were received for the senior kitchen and Mayor Benson has reviewed the bids with the City Administrator and Public Works Director. They see no problem with either bid. Mr. Marier noted that there are no installation costs on the Edward Don & Co. bid. Mayor Benson said the recommendation was to accept the low bid. Mr. Kulaszewicz moved to accept the low bid of $16,293. Mr. Bohjanen seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT A. Consideration of Renewal of Gambling Permit - VFW. Mr. Hawkins has reviewed the'application from the VFW for the renewal of the Gambling License. Mr. Marier moved to approve the license. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. ENGINEER'S REPORT A. Set Public Hearing - Ash Street Utilities. Mr. Davidson explained the residents have expressed interest in obtaining sewer and water services from Shoreview. Mr. McDonough has presented a proposed preliminary plat to the Planning and Zoning Board and Mr. Davidson has now included Mr. McDonough's property in the feasibility report. He is suggesting that the cost of these improvements be related one half to an area charge and one half to a unit charge. This would be most equitable. Mr. Bohjanen moved to set the public hearing for January 28, 1985 at 7:45 P.M. Mr. Marier seconded the motion. Motion carried unanimously. OLD BUSINESS There was no Old Business for discussion. NEW BUSINESS The 1985 Legislative Conference is January 29 and 30. All Council members who wish to attend should let the Clerk know so she can make reservations. A letter from Jim Kleinhans was received. The purpose of the letter was to update the Council on the operation of the BMX track and the projections for 1985. The 1984 Lino Lakes Civil Defense Report was received. 082 COUNCIL MEETING December 27, 1984 Page Twelve A letter from Circle Pines was received. The Circle Pines Council has taken the necessary measures supporting the pension rights of the Circle Pines fire fighters. Mr. Marier moved to send a letter to the Chairman of Fire Commission referring to this letter and letting them know what this city's feelings are and that we do support them. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to adjourn at 9:10. Mr. Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting on January 14, 1985. arilyn G. Anderson, Clerk Benjamin G. Benson, Mayor 1 1