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HomeMy WebLinkAbout12/23/1985 Council Minutes222 COUNCIL MEETING December 23, 1985 The regular meeting of the Lino Lakes City Council was called to order at 7:05 P.M. by Mayor Benson. Council members present: Bohjanen, Reinert, Marier, Kulaszewicz. City Attorney, Bill Hawkins; Engineer, Bob Toddie; Accountant, Joe Huss; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher; Clerk- Treasurer, Marilyn Anderson were also present. Public Works Director, Don Volk and Chief of Police, Dean Campbell arrived later. Harold Bisel was in the audience. CONSIDERATION AND APPROVAL OF MINUTES Budget Hearing, December 9, 1985 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Kulaszewicz seconded the motion. Motion carried with Mayor Benson abstaining. Regular Council Meeting, December 9, 1985 - Mr. Reinert moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mayor Benson abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Marier moved to approve the disbursements of December 23,1985 as presented. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. OPEN MIKE Vi Schwankl - Mrs.Schwankl directed some questions to Mayor Benson. Mrs. Schwankl asked when the public will be informed of the results of the Council employee evaluation that will be performed after the regular Council meeting. Mayor Benson said if the Council so chooses, it will be tonight when the Council is reconvened after the closed session. Mayor Benson explained all employees may not be evaluated as they would like and the closed session may be continued. Mrs. Schwankl explained she was here tonight to represent all residents and local businesses and wanted the Council to know they are very satisfied with Police Chief Campbell and the Police Department. Since Chief Campbell was hired there has been a definite improved change of attitude among the officers and they are an excellent asset to this community. The businesses and residents do not feel this was the case before Chief Campbell was hired. They feel that Chief Campbell is a good leader and he has accounted for the changes in the Police Department. She asked the Council to remember that they are the people paying their salaries. They strongly urge that Chief Campbell remain as the Chief and trust that a few personality conflicts will not affect the Council's decision. She thanked the Council for allowing her to speak and explained her comments were submitted by the local businesses and residents of the City. 1 1 1 1 COUNCIL MEETING December 23, 1985 Page Two Mr. Reinert asked why this was brought to the Council tonight. Mrs. Schwankl said there are rumors that the Council is after Chief Campbell and understands that there is a police officer who wants to be the Chief and the local business and residents want Chief Campbell to stay. Mayor Benson asked if this statement has total support of all businesses and residents of Lino Lakes. She said they have not contacted all of them, but have contacted numerous businesses. Mr. Kline of Advance Printing said they have contacted the Suburban Chamber of Commerce and Chamber President Connie Nelson told them that all businesses in the Chamber are behind Chief Campbell and named several businesses. Mayor Benson asked if Mrs. Schwankl was also expressing support for the rest of the City Staff. Mrs. Schwankl said yes. Mr. Marier told Mrs. Schwankl and Mr. Kline that the police officer they had referred to had applied for the Chief position and had withdrawn his application and has no desire to be the Chief. He suggested that when rumors like this get started the Admini- strator should be contacted so that the rumors can be put to rest. He explained each member of the City Staff is reviewed each year, this is not unusual. Mr. Kline said he appreciated the time the Council is taking to explain the procedures and if there was any truth to the rumors he wanted his two cents to be heard. CONSIDERATION OF GROUP W CABLE TV AMENDMENTS A. Ordinance No. 11 -85, 2nd Reading, Ordinance Summary - Mr. Marier moved to not approve Ordinance #11 -85 and dispense with the reading. Motion died as there was not a second. Mr. Schumacher explained that this has been considered and approved by the Coon Rapids City Council. Lino Lakes repre- sentative, Herb Johnson has been before this Council and explained the amendments and agreements which were negotiated with Group W to make this a viable franchise. 223 Mr. Kulaszewicz asked what happens if one of the eight communities involved with the franchise turns the amendments down. It was explained all communities would have to vote in favor of the amendments or they would all fail. Mr. Marier explained he had moved -to- approve the first reading of the Ordinance at the December 9, 1985 Council meeting to get discussion started. He had made a statement at that time indicating he was not in favor of the ordinance. 224 COUNCIL MEETING December 23, 1985 Page Three Mr. Reinert noted it does not make any difference if this City approves the amendments or not since the state or federal government regulations will supercede anything this Council does on this matter. Mr. Hawkins explained the federal law will not become effective for one more year. Mr. Kulaszewicz moved to table items 5 A, B and C until the next Council meeting or after other Cities have acted and at that time have Mr. Johnson before the Council for further information. Mr. Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT A. Ordinance No. 16 -85, 1st Reading, Subdivision Amendements - Street Standards - Mr. Toddie pointed out the changes: Subdivision 3 - added "wearing course shall not be placed until 80% of the housing units in the development are substan- tially completed; Sub. 9. Turf Establishment was added; Subd. 14 was added. Mr. Schumacher explained Mr. Volk felt this was an ordinance that could be enforced. Mr. Marier moved to accept Ordinance #16 -85, and dispense with the reading. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA CITY OF LINO LAKES Ordinance No. 16 - 85 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDING STREET CONSTRUCTION STANDARDS CONTAINED THEREIN. The City Council of the City of Lino Lakes ordains: Section I. Grading, Base and Bituminous Surface, Section 302.07 of the Lino Lakes City Code is hereby amended to read as follows: Subd. 1. Residential Streets. The minimum standard for a new residential street or a residential street to be improved shall be as follows. Subd. 2. Base- A gravel base composed of 4" MnDOT Class 2 100% crushed compacted or 5" MnDOT Class 5 comp- acted shall be required. Any deviation from this stand- ard will be allowed only as a function of R -Value for 7 ton design loading and 400 ADT. 1 COUNCIL MEETING December 23, 1985 Page Four Subd. 3. Bituminous Pavement. The bituminous pavement shall consist of 2" compacted thickness of binder course conforming to the requirements of MnDOT Specification 2331 and 1 -1/2" compacted thickness of wearing course conforming to the requirement of MnDOT Specifications 2341. The wearing course shall not be placed until 80% of the housing units in the development are sub- stantially completed. Subd. 4. Sealcoa.ting. Approximately two years after the placement of the wearing course mixture, the dev- eloper shall place a sealcoat consisting of a CRS emul- sified asphalt conforming to MnDOT Specification 3151 at 0.35 gallons per square yard and FA -3 aggregate con- forming to MnDot Specification 3137 at 35 lbs. per sq- uare yard. Subd. 5. Curb and Gutter. Concrete curbs and gutters shall be required for all streets where municipal sewer is installed or to be installed as part of the plat development and bituminous or concrete curbs and gutters shall be required for all other streets, the latter at the discretion of the City. Subd. 6. Width. The normal street width shall be 32 feet, back of curb to back of curb. Subd. 7. Boulevards. Boulevards on each such street shall be 14 feet wide and have a grade slope of 1/4" per foot. Subd. 8. Slope -, All slopes beyond boulevards shall be 3 to 1 ratio, minimum. Subd. 9. Turf. Establishment. All boulevards shall be sodded or seeded with mulch in accordance with MnDOT Specification 2575, and shall include 3" of acceptable top soil of a turf growing medium to meet MnDOT Spec- ification 3877. Work required for turf establishement shall be completed during the same construction season in which the streets were rough graded. Subd. 10. Compaction. The subgrade and gravel base of each new street or radically improved street shall be compacted to a Standard Proctor Test with a 100% min- imum value. Subd. 11. Bituminous Samples. Bituminous core samples, as required by the City engineer, shall be taken to check the bituminous content, thickness and gradation of the bituminous material. Subd. 12. Testing. All tests herein required shall be taken by an accredited soils testing laboratory and paid for by the developer of a project where a new street is being constructed or by the contractor in other projects. 225 ., r 226 COUNCIL MEETING December 23, 1985 Page Five Subd. 13. Grade Stakes. Grade stakes shall be required before any street construction begins. Bluetop stakes shall be required on the subgrade and on the gravel base. All such stakes shall be checked for accuracy by the City Engineer. Subd. 14. No permit shall be issued for the construct- ion of a new building in a subdivision until the rough grading of public street providing access thereto has been completed, and where applicable, sewer and water construction in connection therewith has been completed or is under construction. Occupany permits for residences in a subdivision shall not be issued until one course of bituminous surfacing is in place. Section II. Warranty Section 302.8 of the Lino Lakes City Code is hereby amended to read as follows: 302.8 Warranty. All new streets shall be warranted by the developer and by the contractor on all other streets, as to good workmanlike construction ant to meet all City requirements for a period of one year from the time the final inspection of such street has been conpleted and the council has accepted the same for full city mainten- ance. A surety bond, or other form of surety to be approved by the council, shall be deposited with the city for the sum of 20% of the total original cost of construction to assure performance in compliance with this section. This section shall not relieve the dev- eloper and contractor from the usual contract obligations of good and workmanlike construction. The contractor's letter of credit may be reduced to an amount equal to 150% of the estimated cost of construct- ion of the wearing surface and sealcoat upon completion of all construction items, including the gravel base or bituminous binder course; and will be further reduced to an amount equal to 150% of the estimated cost of the bit- uminous sealcoat upon the completion of the bituminous wearing course. Section III. Effective Date This ordinance shall take effect and be in force upon is passage and publication as required by City Charter. PassQd by the Council of the City of Lino Lakes this f)( day ofskrz,.,, 198,. ( Marilyn G': Anderson, City Clerk njamin G. Benso , ' ayor 1 227 COUNCIL MEETING December 23, 1985 Page Six B. Resolution No. 26 -85, Approving Plans and Specifications and Advertising for Bids - Rice Lake Estates Area - Mr. Toddie asked that the Resolution read "The advertisement shall be published for twenty one days not ten days." This is a legal requirement. Mr. Toddie had copies of the prelim - inary plans and specifications with him for inspection. Mr. Marier moved to adopt Resolution #85 -26 and asked the Clerk to read the Resolution. Mr. Kulaszewicz seconded the motion. The Clerk read Resolution #85 -26. Voting on the motion, motion carried unanimously. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES Resolution No. 85 - 26 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. WHEREAS, pursuant to a resolution passed by the Council on the 13th day of May, 1985, the City Engineer has prepared plans and specifications for the improvement of North Road from the West City limits to Lake Drive, South on Highway #49 to Rice Lake Estates 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 offical papers and the Con- struction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advert- isement shall be published for twenty one (21) days, shall specify the work to be done, shall state that bids will be opened on February 6, 1986 at 2:00 P.M. in the Lino Lakes Council Chambers, 1189 Main Street, Lino Lakes, Mn., and consid- ered by the Council at 7:30 P.M. on February 10, 1986, in the Council Chambers, 1189 Main Street, Lino Lakes, Mn. and that no bids will be con- sidered 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 5% percent of the amount of such bid. 228 COUNCIL MEETING December 23, 1985 Page Seven Passed and adopted this 23rd. day of December, 1985 �. Marilyn d. Anderson, Clerk - Treasurer C. Legal Action Regarding the Construction of Re ling Road. - Mr. Toddie explained that during the course of the construc- tion of Reiling Road the subcontractor apparently took the tree removal debris and burried it on Mr. Ken Muehlstedt's lot. During excavation for Mr. Muehlstedt's septic system, the debris was found. Mr. Davidson has looked at the site with the contractor and have repeatedly told the subcontrac- tor that it is his responsibility to resolve this problem with the homeowner. The subcontractor has not followed through on this and therefore there is a threatened lawsuit. Mr. Hawkins explained that he has been attempting to get the subcontractor's insurance company to respond to this matter, but has had little success. Mr. Hawkins has provided all the information to Mr. Muehlstedt's attorney and asked him to direct their action in that direction. If there is no response from the insurance company, Mr. Hawkins assumes the City will be named in a suit for damages. The City has notified its own insurance company of possible action. The City has a "hold harmless" clause in the contract with the contractor for Reiling Road so if there is a lawsuit they are required to defend us and to hold the City "harmless" for any damages. Mayor Benson asked that Mr. Hawkins keep a close watch on this situation and be of help if need be. D. Rice Creek Watershed District Evaluation of County Ditch #22 - Mr. Toddie has spoken to Mr. Pete Willenbring, Engineer for RCWD who said that the field review of this ditch has been completed. One problem has arisen, several areas of the ditch are located in areas which are not the dedicated right of way. Mr. Wallenbring will discuss with the Board of Managers on January 8, 1986 where RCWD will go from here. Mr. Toddie has worked the drainage patterns for the 4th Avenue project and they will work with the existing ditch. However, the flow would be much better if the ditch were cleared. He expects to have another report for the next Council meeting. 1 1 1 1 1 229 COUNCIL MEETING December 23, 1985 Page Eight ATTORNEY'S REPORT Mr. Hawkins did not have a report. 7:30 P.M.PUBLIC HEARING - FEDERAL REVENUE SHARING FUNDS PROPOSED USE Mayor Benson opened the public hearing at 7:37 P.M. Mr. Schumacher noted that this public hearing has been published to let the public know the City will be receiving approximately $40,000 to be allocated for General Fund use. In the past these funds have been used for operation of the Police Department, construction of City Hall additions, operation of the Fire District. The purpose of this hearing is to allow any Lino Lakes citizen to bring forward any recommendation for use of this year's Federal Revenue Sharing funds for the Council to take under advisement. Mr. Schumacher expiaimredit appears this will be the last year the federal government will fund revenue sharing. This is probably the last Federal Revenue Sharing public hearing. Mayor Benson asked for testimony or comments from the audience. There was no comment. Mr. Bohjanen felt the fire district and the police department need the most support and suggested the Revenue Sharing be divided between these two departments. Mr. Kulaszewicz moved to close the public hearing at 7:39 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Marier asked Mr. Schumacher for his recommendation and Mr. Schumacher said the Council should stay clear of projects that would involve the Davis -Bacon Act and suggested that the higher percentage be allocated for the fire district and a lower percen- tage for the police department. Mr. Marier moved that $15,000 be allocated for operationof: the police department and $25,000 for the fire district. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. CONSIDERATION OF ORDINANCE NO. 12 -85. 1st READING. AMENDING FEE SCHEDULE FOR BEER LICENSES Mr. Schumacher explained this is a housekeeping item as these fees were increased by the City Council in 1982 and the City Code should have been amended at that time. The new fees are currently being charged by the City. Mr. Marier moved to introduce Ordinance No. 12 -85 and suspend the reading. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. 230 COUNCIL MEETING December 23, 1985 Page Nine CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 12 - 85 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDING THE FEE SCHEDULE FOR BEER LICENSES. The City Council of the City of Lino Lakes ordains: I. AMENDMENT. Section 702.04, Subd. 3 of the Lino Lakes City Code is hereby amended to read as follows: The annual fee for a regular "on- sale" license is $200.00. The annual fee for an "off- sale" license is $25.00. The fee for a temporary "on- sale" license is $10.00 per day. II. This Ordinance shall be effective thirty (30) days after its passage and publication as required by City Charter. Passed by the Council of the City of Lino Lakes this day of ix�t c� , 1986. enjam n G. B s.nMayor ATTEST: Marilyn G. Anderson, Clerk-Treasurer PLANNING AND ZONING BOARD REPORT -PETE KLUEGEL A. Amended Conditional Use Permit - A -Well /Paul Wolters - Mr. Kluegel explained this request is to allow an auto and truck repair business to lease one of Mr. Wolters two existing buildings. The property is light industrial and Mr. Wolters did originally indicated to the Planning and Zoning Board that he intended to rent a portion of this building in the future. The Planning and Zoning Board did recommend approval subject to the following conditions: 1) a wooden painted fence be extended along the south property line to the pond 1 231 COUNCIL MEETING December 23, 1985 Page Ten in the rear and 40' extension on the west property line; 2) all access drives be paved with a minimum of twelve' feet wide bituminous or concrete surface; 3)-all exterior storage areas be filled with a minimum of Class #5 material; 4) exterior storage be limited to ten vehicles and no other equipment, parts or• products. Approval of this request is based on the fact that the applicant has met the requirements of Section 5 of the Zoning Ordinance which deals with the conditional use requirements and that the use is allowed in this li ght industrial district. Mr. Kluegel recommended that Mr. Wolters establish a time table for completion of these requirements and establish an escrow account to insure the improvements are completed. This request was based on Mr. Kluegel's past experience in getting Mr. Wolters to comply with previous conditional use permit requirements. Mr. Kluegel suggested a $1,500 escrow account and Mr. Wolters said he could have all conditions completed by June 15, 1986. Mr. Reinert asked if there are any ratio standards that can be used regarding the number of service business in a particular area. He was concerned that there is not enough population or business to support them and if they fail they leave a problem for the City. Mr. Hawkins explained this issue has come up before in other communities. He cited an instance in Brooklyn Park where the City tried to limit the number of gas stations at a parti- cular intersection. The supreme court said that the economics is not a determining factor and the control of the number of a particular business has io be tied into the standards and those types of problems. Just the fact that there appears to be too many of a particular business is not a basis to turn down a request. The only alternative would be to not allow a particular business in the City at all as in the case of one particular City who determined it had enough junk yards and then took junk yards out of all the zoning classi- fications. Mr. Schumacher asked what types of vehicles would be repaired and Mr. Wolters explained the building is not large enough for big diesel trucks and so repairs will be limited to cars and pick up type trucks. Mr. Marier moved to approve the amended conditional use permit for A -Well /Paul Wolters subject to the conditions as stipulated by the Planning and Zoning Board and Mr. Kluegel's recommenda- tions. Mr. Kulaszewicz seconded the motion. Motion declared passed. B. Metes and Bounds Subdivision - Paul Tubbs - Mr. Kluegel • explained that Mr. Tubbs is an agent for Mr. Al Augustine and is requesting a metes and bounds subdivision in the rural zone. The subdivision includes the access thorough- fare plan recommended by the City Planner for the southeast portion of the City. The subdivision consists of two parcels 232 COUNCIL MEETING December 23, 1985 Page Eleven (E and F), one is twenty four and one -half (24i) acres and the other parcel is twenty plus (20.38) acres. The proposal is consistent with the zoning ordinance and the comprehensive plan and requires a waiver from the platting requirements. The City Planner, Engineer and Attorney have reviewed the request and the current park dedication policy requires $160 per building site. The Planning and Zoning Board has recommended approval of this request subject to the City Attorney's review of the easements and survey. Mr. Kulaszewicz moved to approve the metes and bounds sub- division for Paul Tubbs subject to the conditions stipulated the the Planning and Zoning Board. Mr. Bohjanen seconded the motion. Motion carried unanimously. C. Underground Road Policy Escrow - Mr. Kluegel explained Mr. Toddie has drafted a policy requiring that surety bonds or similar security be posted by a utility company or their contractor when street opening or excavation is required for utility construction. Included in the bond would be a one -year warranty. This policy was drafted after the Planning and Zoning Board expressed concern for the streets during the Group W Cable installation. The Planning and Zoning Board reviewed Mr. Toddies draft policy and recommended some changes; section 2, 2nd paragraph first line change "may" to "will" and third line strike out "corporate undertaking" and eighth line strike out "in those instances wherein ". Mr. Toddie explained that this draft policy is also in response to the Council directive in September which requested he look into a policy that would make it a responsibility of the contractor or utility that they provide assurance that all work would be done properly and be warranted for one year. Mayor Benson asked why this was not included in the recent road code change. Mr. Schumacher explained this is not part of the City Code, it is a City Policy. Mr. Kluegel explained this is part of the underground utility permit policy. Mr. Kluegel said this policy would not cause a problem for him but would give the City some assurance in the event of road settling after installation of the underground utility. Mr. Marier asked if all utilities are expected to follow this policy or just the contractor of the utility. He did not feel it is hard to get a utility to correct their problems. He said this is not conducive to good business for the utility or the City. 1 1 233 COUNCIL MEETING December 23, 1985 Page Twelve Mr. Reinert noted that the policy will make the utility totally responsible and Mr. Marier said the subcontractor should post the bond. Mr. Schumacher explained that there are only a few contractors who do this type of work and they should obtain the bond. Mr. Reinert asked if this is a common policy and Mr. Toddie said it is very common among cities and counties and their policy does not specify if the utility or contractor should submit the bond or surety. Mr. Marier said he was not aware of having to post surety bonds in other localities and felt this policy was strapping people and driving up costs. He did not have a problem with defining the rules when utilities are installed, but objected to the bond process. Mr. Reinert noted this policy is no different than the policy the City already has regarding disturbing the land such as used for developers or dirt mining. This would be a protection for the City. Mayor Benson noted this is a policy and if it is determined that this policy is not working it can be easily Mr. Reinert moved to approve the recommendations of the Planning and Zoning Board to institute this policy as presented. Mr. Kulaszewicz seconded the motion. Motion carried with Mr. Marier voting no. D. Amendments to the City Code 1. Ordinance No. 13 -85, 1st Reading - Day Care Nurseries - Mr. Kluegel explained this change in the City Zoning Ordinance is requested to comply with state statute and to include nursery schools in certain districts as a conditional use. Mr. Hawkins further explained the changes. Mr. Reinert moved to accept Ordinance No. 13 -85 for the first reading and dispense with the reading. Mr. Kulaszewicz seconded the motion. Motion carried unani- mously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 13 - 85 234 COUNCIL MEETING December 23, 1985 Page Thirteen AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES, BY ADDING DAY CARE NURSERIES, (12 PER- SONS OR LESS) AS A PREMITTED USE IN THE RURAL (R), EXPANSION RE- SIDENTIAL (ER) AND SINGLE FAMILY (R -1) DISTRICTS AND BY ADDING DAY CARE NURSERIES (13 OR MORE PERSONS) AS A CONDITIONAL USE IN THE ABOVE DISTRICTS AND BY ADDING NURSERY SCHOOLS AS A CONDITIONAL USE IN THE GENERAL BUSINESS (GB), LIMITED BUSINESS (LB) AND NEIGH- BORHOOD BUSINESS(NB) DISTRICTS. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: I. AMENDMENT. Appendix B, Section 6, Subdivision 2 (5)(I) Day Care Nurseries (12 persons or less) be added. AMENDMENT. Appendix B, Section 6 Subdivision 2 (6) (Q) Day Care Nurseries (13 or more persons) be added II. AMENDMENT. Appendix B, Section 6, Subdivision 4 (6) (F) Day Care Nurseries (12 person or less) be added AMENDMENT. Appendix B, Section 6, Subdivision 4 (7) (H) Day Care Nurseries (13 or more person) be added AMENDMENT. Appendix B, Section 6, Subdivision 5 (6) (C) Day Care Nurseries (12 persons or less) be added AMENDMENT. Appendix B, Section 6, Subdivision 5 (7) (D) Day Care Nurseries (13 or more persons) be added IV. AMENDMENT. Appendix B, Section 6, Subdivision 15 (7) (R) Nursery Schools be added Appendix B, Section 6, Subdivision 13 (7) (K) Nursery Schools be added Appendix B, Section 6, Subdivision 12 (7) (E) Nursery Schools be added 1 1 1 COUNCIL MEETING December 23, 1985 Page Fourteen V. This ordinance shall be effective thirty (30) days after its passage and publication as required by City Charter. Passed by the Council of the City of Lino Lakes this day of , 1986. ATTEST: n`jamin Cj/. - Bensbn, Mayor Marilyn G. Anderson, Clerk- Treasurer 2. Ordinance No. 14 -85, 1st Reading - Park Dedication - Mr. Kluegel explained the only change in this portion of Ordinance #06 -85 is the inclusion of the last sentence. This is to clarify the ordinance and determine when the park fee must be paid. Mr. Reinert moved to introduce Ordinance No. 14 -85 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA 4 Ordinance No. 14 - 85 AN ORDINANCE AMENDING THE LINO LAKES CODE BY AMENDING PROPERTY DEDICATION PROVISIONS OF THE SUBDIVISION OF LAND REGULATIONS CONTAINED THEREIN. 235 236 COUNCIL MEETING December 23, 1985 Page Fifteen The City Council of the City of Lino Lakes ordains: Section 1. Property Dedication. Section 1001.14 of the Lino Lakes City Code is amended to read as follows: Section 1001.14. Property Dedication. The developer shall dedicate to the City a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. In addition, the developer shall dedicate to the City land for public use as parks, playgrounds, trails or other open space; provided, however, that the City may require an equivalent amount in cash from the owner or developer for part or all of the portion required to be dedicated to the City, based on the fair market value of the land at the time of the final plat approval. All cash payments so received shall be placed in a special fund by the City to be used only for acquisition, betterment or debt retirement related to parks, playgrounds, trails and open spaces. The cash shall be determined by the open space, park, recreational or common area facilities which developer proposes to reserve and how much the City determines that it will need to reasonably satisfy the open space and park requirements of the sub- division, both within and additional pressures caused outside the subdivision by the developer. This equivalent shall be $160.00 per dwelling unit to be constructed within such proposed development or ten (10%) per cent of the fair mar- ket land value of the development, whichever is less. This fee is due and payable before the City Clerk and Mayor sign documents to be filed at the Anoka County Recorders Office. Section 2. Effective Date. This ordinance shall be effective thirty (30) days after its publication. Passed this /` day of �����, , 1986 by the Lino Lakes City Council. ATI'EST: 1!1 enjamin Benson, Mayor , Marilyn G. Anderson, Clerk- Treasurer 237 COUNCIL MEETING December 23, 1985 Page Sixteen 3. Ordinance No. 15 -85, 1st Reading - Surface & Draining, Parking Areas - Mr. Kluegel explained this ordinance is to clarify this portion of the existing ordinance and the City Planner has recommended this new language. Mr. Kluegel pointed out an area of the proposed ordinance that could cause problems in the Expansion Residental (ER) district whereas an example)persons with a five acre lot would be required to blacktop their driveways. Mayor Benson said he was not convinced that this was a good ordinance but was only encourag ing people to build close to the street. Mr. Marier moved to table this ordinance until the Council meets with the Planning and Zoning Board on January 15, 1986. Mr. Reinert seconded the motion. Motion carried unanimously. • CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE_ NO._ 15 - 85_ 4 AN ORDINANCE AMENDING THE CITY CODE, APPENDIX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES BY AMENDING DESIGN REQUIREMENTS FOR OFF - STREET AREAS. The City Council of the City of Lino Lakes, Anoka County, Minnesota ordains: Section 1. Parking For All Zoning Districts. Section 8, Subdivision (4) Design and Setback requirements for off- street areas is amended to read as follows: Section 8, Subdivision (4) (C) Surfacing And Drainage. All off street parking and loading areas and their related driveways and approaches except permitted uses in the R and ER Districts shall be paved with a concrete or bituminous surface. Such areas shall be so graded and drained as to dispose of all surface water accu- mulation within the area. These requirements shall also apply to open sales lots. Durable and dustless surface may include asphalt., concrete, or other surface (water sealed) as approved by the en- gineer. Section 2. Effective Date. This Ordinance shall be effective thirty (30) days after its passage and publication as required by City Charter. Passed by the Council of the City of Lino Lakes this day of December, 1985. 238 \o' Mari Lyn G. Anderson, City Clerk COUNCIL MEETING December 23, 1985 Page Seventeen enjamin . Benson, Mayor E. NOTE: PLANNING AND ZONING BOARD COMPREHENSIVE PLAN REVIEW MEETING, JANUARY 15, 1986, 7:00 P.M. - Mr. Kluegel explained the purpose of this meeting and noted the persons requested to attend: Mr. Kluegel, City Planner, two members of the Economic Development Committee, all the Planning and Zoning Board, representive of the Park Board and a couple of public spirited citizens and the Council liaison as well as the recording secretary. Mr. Schumacher noted the Council did direct the Planning Board to use the resources at the Metropolitan Council and he did contact Metro Council who said they would be happy to meet with the P & Z Board. He understands Mr. McLean feels it would be better not to have Metro Council involved and was not sure of his reasoning. He also stated there is not much money in the 1986 budget for the comprehensive plan amendments. Mayor Benson said that the Council will be meeting on January 13 and at that time will appoint the Council liaison and the Chairman of the Planning and Zoning Board. There is no guarantee that these positions will remain the same and felt there was not adequate time for any new appointees to prepare for such a meeting. He suggested the full Council attend this meeting. Mr. Schumacher asked if a recording secretary would be required at this meeting since he does not have this in the budget. Mayor Benson said Mr. Schumacher could act as record- ing secretary. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 29 -85. TRANSFERRING FUNDS FROM THE RICE LAKE CONSTRUCTION FUND TO THE GENERAL FUND Mr. Marier moved to approve this Resolution and dispense with the reading. Mr. Kulaszewicz seconded the motion. Motion carried dnanimously. 1 1 1 COUNCIL MEETING December 23, 1985 Page Eighteen STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES Resolution No. 29 - 85 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FUNDS WHEREAS, a schedule of Administration Fees for improvement pro- jects was approved by the Lino Lakes City Council, and WHEREAS, an improvement project has been approved by the Lino Lakes City Council for the improvement of North Road from the West City limits to Lake Drive, South on High- way #49 to Rice Lakes Estates, NOW THEREFORE BE IT RESOLVED: that the Lino Lakes City Council hereby authorizes the City Clerk to transfer $44,189.81 from the Rice Lake Estates Area Construction Fund to the General Fund to cover administrative costs and some consultant costs of the project. Passed by the City Council this 23rd day of December, 1985. --c7 enjamio G.:en1 +n, Mayor Marilyn G. Anderson, Clerk- Treasurer CONSIDERATION AND APPROVAL OF RESOLUTION NO. 28 -85. TRANSFERRING FUNDS FROM THE FEDEAL REVENUE SHARING FUND TO THE GENERAL FUND Mr. Kulaszewicz moved to approve this REsolution and dispense with the reading. Mr. Bohjanen seconded the motion. Motion 'carried unanimously. 239 24u COUNCIL MEETING - December 23, 1985 Page Nineteen a STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES Resolution No. 28 - 85 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FEDERAL REVENUE SHARING FUNDS WHEREAS, WHEREAS, There exists a balance of $42,844.06 in the Federal Revenue Sharing Fund account, and the City Council authorized the expenditure of these funds, NOW THEREFORE BE IT RESOLVED, That the Lino Lakes City Clerk be authorized to transfer from the Federal Revenue Sharing Fund account the amount of $42,844.06 to be transferred to the General Fund. Passed by the City Council this 23rd day of December, 1985. Marilyn G. Anderson, Clerk- Treasurer 1 1 1 COUNCIL MEETING December 23, 1985 Page Twenty CONSIDERATION AND APPROVAL OF THE 1986 GENERAL FUND BUDGET - RESOLUTION NO. 27 85 Mayor Benson noted that the Council did establish a mill rate in October (the levy was certified to the County) and a preliminary budget has been prepared giving each department a certain amount of money in which to operate. Alternate budget items were dis- cussed at the last budget meeting. Mayor Benson said he would not like to see this budget altered or any of the surplus funds designated for alternate program funding at this time. He suggested that the Council wait until May or June and if the Council feels one of the alternate programs is a priority item or the budget should be amended it can be done at that time. Mr. Schumacher explained he was directed at the the last meeting to work with the Police Department and determine how one additional officer could be fitted into that budget. He explained several areas that were cut: 1) $2,000 from overtime; 2) other salaries, $1,300; 3) PERA, $2,000; 4) office supplies $220; 5) professional services $500 leaving a police department total of $343,980. This would require that $14,000 would have to be taken from sur- plus to completely fund an additional officer. Mayor Benson suggested hiring the new officer in late spring or summer. Mr. Campbell explained he needs the officer now to fill in the schedule and reduce the part -time schedule. Mr. Marier moved to add the sixth officer to the Police Department at this time and to take the required $14,000 from the general fund surplus and to reduce the items in the Police Department budget as previously outlined leaving a Police Department total of $343,980. Mayor Benson said this would amend the entire general fund budget increasing the budget from $1,339,228. Mr. Marier said that was not his intention. He would like the $14,000 to come from the $20,000 surplus budgeted for 1986. Mr. Reinert asked what net effect this would have on the budget. Mr. Huss explained. Mayor Benson asked Mr. Marier if the Council should look at the other priority programs since he is looking at the Police Officer. Mr. Marier said he is only considerating the additional police officer at this time. Mayor Benson declared Mr. Marier's motion was not a valid motion. Mayor Benson said he did not disagree about the need for another officer, but felt it unfair to all the other departments - they should be considered as well. 241 242 COUNCIL MEETING December 23, 1985 Page Twenty One After further discussion, Mr. Kulaszewicz moved to approve Resolution No. 27 -85 with the following changes: Add one new police officer, reduce the 1986 projected surplus from $20,000 to $6,000 and place the $14,000 in the Police Department for the new officer, reduce certain line items in the Police Department budget as outlined earlier by Mr. Schumacher so that the Police Department budget total is $343,980 as indicated by Mr. Marier. Mr. Marier seconded the motion. Motion declared passed. CITY OF LINO LAKES Resolution No. 27 - 85 RESOLUTION ADOPTING THE 1986 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 resol- ution 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 1986: RECEIPTS: 1986 BUDGET Levy $ 835,500 MSA -Roads 13,000 State Aid 219,728 City Services 110,000 Police Receipts 100,000 Refunds & Reimbursements 15,000 Federal Revenue Sharing 40,000 Escrows 6,000 TOTAL RECEIPTS $1,339,228 DISBURSEMENTS: Mayor & Council $ 21,390 Elections & Voter Registration 7,100 Administration 130,555 Assessor 14,805 Legal Printing 2,600 Consultants 78,800 Planning & Zoning Board 990 Government Buildings 73,360 Charter Commission 100 1 1 Police Department Fire Department Building Inspections Civil Defense Animal Control Public Works Department Weed Inspections Park Department Forestry Park Board Members Reserve for Salary Adjustments Reserve for Certificate of Indebtedness Addition to Surplus TOTAL DISBURSEMENTS COUNCIL MEETING December 23, 1985 Page Twenty Two 343,980 108,000 46,570 2,200 4,400 361,483 275 70,470 5,450 700 15,000 45,000 6,000 $1,339,228 Adopted by the Lino Lakes City Council this 23rd day of December, 1985. ATTEST: Marilyn G. Anderson, Clerk- Treasurer NEW BUSINESS There was no new business. OLD BUSINESS There was no old business. Mr. Reinert moved to adjourn at 8:58 P.M. to a closed session Of the Council to consider employee evaluations because there may be disciplinary action for one or two of the employees. Mr. Marier seconded the motion. Motion declared passed. 243 244 COUNCIL MEETING December 23, 1985 Page Twenty Three The Council meeting was reconvened at 11:10 P.M. by Mayor Benson. All Council members, Mr. Schumacher and Mr. Hawkins were present. Mayor Benson told the clerk that the Council unanimously chose to continue the Council meeting in closed session. Mayor Benson noted that the probationary period for Police Chief Campbell is scheduled to end December 26, 1985. Mr. Reinert moved to extend the probationary periof for Chief Campbell for a period of 90 days, with the Council providing some specifics relative to his performance and at the end of that period an evaluation be made. The 90 -day period will begin at the time Chief Campbell receives the information from the Council. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to adjourn at 11:12 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. These minutes were considered and approved by a regular Council meeting on January 13, 1986. Maf i 7. . "Anderson, Clerk - Treasurer enjamin . enson, M .y•r 1 1 1