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HomeMy WebLinkAbout04/28/1986 Council Minutes (2)05;F COUNCIL MEETING April 28, 1986 Mayor Benson called to order the .regular eeting of the Council at 7:00 P.M., Monday, April 28, 1 Present: Marier, Bisel and Bohjanen. Absent: Reinert. Also present were Bill Hawkins, City Attorney; Randy Schumacher, City Administrator; Pete Kluegel, Buildin Official; Don Volk, Public Works Director; Bob Toddle, City Enginee and Shar Foster, Secretary. ' CONSIDERATION OF MINUTES Special Meeting - April 14, 1986 - Mr. Marier moved to approve the minutes as presented. Mr. Bohjanen ,seconded the motion. Motion carried with Mayor Benson abstaining. Regular Meeting - April 14, 1986 - Mr. Bohjanen moved to approve the minutes as presented. Mr. Bisel seconded the motion. Motion carried with Mayor Benson abstaining. CONSIDERATION OF DISBURSEMENTS - April 28, 1986 Mr. Marier asked that the three persons who will be attending the League of MN Cities meeting (Schumacher, Reinert, Benson) write and submit to Council a report of the meeting. (Registration and housing payments for this meeting were part of the disbursement listing.) Mr. Marier moved to approve the disbursements as presented. seconded the motion. Motion carried unanimously. OPEN MIKE Mr. Bisel 1 Rick Bangert, Fire Marshall - Burning Permits - Mr. Bangert discussed the following issues with regard to burning permits: 1) There appears to be a lack of enforcement in requiring burning permits to burn brush in Lino Lakes. The Fire Department has become aware of fires without permits. Because the Fire Depart- ment is volunteer,1they are unable to patrol the city. They are requesting that the Police Department become involved in looking for unpermitted fires (they receive a copy of all permits), and have a procedure available to issue warnings or citations due to the fact that the fire fighters are not officers. 2) A charge for permits is suggested to deter many of the applications. The issuance of permits is supposed to be a "last resort" method of getting rid of brush. A party should have exhausted all possibil- ities of hauling.away`brush before burning. Presently there is no charge for a permit, therefore it is more economical for a resi- dent to burn than to haul brush away. 3) Fire Marshall needs at least one week's notice to issue a permit. Mr. Marier said that he personally monitored a request for a burning permit which took six weeks to receive, and therefore suggested expediting the procedure. 4) The requirement of 600' between the fire and neighbors can be waived if neighbors submit a written agreement to waive the requirement. This requirement is a PCA requirement which Lino Lakes adopted. 1 1 059 Page Two COUNCIL MEETING April 28, 1986 5) The Fire Department is suggesting that a charge be levied to a party whose permitted fire is allowed to get out of hand due to the costs to the Department in fighting the fire. Mayor Benson asked what guidelines or schedule of charges are being suggested. He gave an hypothetical situtation of a fire which gets out of hand and takes several fire fighters several hours at $6.00 /hour to extinguish. The cost to the Fire Department could be in the thousands of dollars. Mr. Bangert said that a schedule would have to be decided upon between the Fire Department and the City. Mayor Benson thanked Mr. Bangert for coming this evening and said that the Council will take the requests under advisement. Andy Neal, Fire Commission - Fire Station - Mr. Neal stated that he was asked by the Fire Commission to look into finding a location along Lake Drive, between 35W and Main Street)for a fire station. He found three options: 1) the El Rehbein building for $2,000 /month lease, 2) a one acre parcel behind Schwans for $28,000 (land only), 3) the present Village Plumbing building on Lake Drive. Mr. Neals' recommendation was to go with the Village Plumbing building. He presented a report of budget, reasons, options for purchase, estimates for a proposed addition to the building, etc. Mr. Volk, as requested, had available an estimate to build from scratch a building similar to Village Plumbing. After discussion on the issue, it was decided that Mr. Schumacher put together costs and financing possibilities and also discuss with all involved whether this will be a project to be considered local or regional and how the budgets of all involved will be affected. Mayor Benson also asked for the Fire District to consider the city property at City Hall as a location. All of these items will be ready for further discussion at the May 12 Council meeting - -the owners of Village Plumbing need an answer by May 15. DISCUSSION OF IMPROVEMENT OF COUNTY ROADS WITHIN LINO LAKES -JON OLSON Jon Olson, representing Anoka County appeared before the Council to update them on the projects planned for County Roads within Lino Lakes. 1st Project: MWCC is putting in utilities along North Road (bid opening in late May) and has asked if Anoka County wishes to upgrade County Road 10 (North Road) at this time. Anoka County is also in communication with Lino Lakes on this matter. 2nd Project: Blaine's utilities going in along Sunset from North Road to 35W. Anoka County has been asked if they wish to upgrade at that time at a cost of about 1/2 million dollars. County has not decided since this project was not budgeted. Some Lino Lakes residents will have an opportunity to connect to the utilities. Mayor Benson said an informational meeting will be held May 12, 1986. o 610 Fa;e Three COUNCIL MEETING April 28, 1986 3rd Project: Improve County Rd. 14 between 4th Avenue and 35W. Proposed 48' wide with wide shoulders (52' wide where curb and gutter installed). _Future plans would be to make this road four lanes. NOTE: General Information Meeting at 7:00, May 28, 1986. 4th Project: Improve County Rd. 14 from 35W to Centerville. 5th Project: Improve 80th between 20th and 24th. 6th Project: Eventually improve County Rd. 14 from 4th Avenue to Lexington and later Lexington to Highway 65 (Central). The timing of 4th through 6th Project not determined as yet. Mr. Marier asked what action will be taken by Anoka County in coordin- ation with Washington County to improve Elmcrest. Mr. Marier said that a promise has been made to Lino Lakes by the County Commissioner to see that some committment is made in 1986 regarding Elmcrest. Mr. Olson said that he was not sure whether this matter had been through all the necessary committees yet, but at this time he has the understanding that this road is not the responsibility of Anoka County. Mayor Benson asked that he check into this matter further and report back to this Council. With regard to the improvement of County Rd. 14 between 4th Avenue and 35W, Mayor Benson asked if there are any plans for a bike path, as has been requested by some residents. Mr. Olson said there are no plans for a bike path but the shoulders would be adequate to safely ride bikes. Mayor Benson asked that the Highway Department and the Park Department of Anoka County consider bike paths along County Rd. 14 particularly because of the plans for the County Park further east on County Rd. 14. Mr. Volk asked which residents along County Rd. 14 will be affected by easements. Mr. Olson said nearly all the residents will be affected. The Council agreed to an informational meeting at 7:00 P.M. • May 28, 1986. Per Mr'.' Olson, Anoka County will put out a notice to all affected residents and also a notice in the paper giving at least two weeks notice of this meeting. CONSIDERATION AND APPROVAL OF PURCHASE OF SERVICE AGREEMENT, FOREST LAKE AREA YOUTH SERVICE BUREAU AND AUTHORIZE SIGNATURES OF MAYOR. CITY CLERK AND CITY ATTORNEY Mr. William Hutton represented the Forest Lake Youth Service Bureau He handed out statistical information -- audit, budget, income, etc. and stated that the number of youth served continues to increase. He explained that the reason for the agreement is that he found a file which caused him to think that a written agreement should be entered into with parties supporting the Youth Service Bureau. The concensus of the Council was that a contribution has been made to the Youth Service Bureau and no further action needed to be taken. 1 1 1 1 - 061 COUNCI1. !'FETING Page Four April 28, 1986 PLANNING AND ZONING REPORT - PETE KLUEGEL A. Charles Gramith -Minor Subdivision - Mr. Kluegel explained that the P & Z Board recommended approval of this subdivision. Mr. Marier moved to approve the minor subdivision of Charles Gramith in order to consolidate substandard lots into two lots of less nonconformance. Mr. Bohjanen seconded the motion which carried unanimously. B. Rocky Goertz /Tim Klosner -Site and Building Plan and Conditional Use Permit for Exterior Storage - Mr. Kluegel reported that the P & Z Board recommended approval of this site and building plan and conditional use permit for exterior storage. Mr. Marier moved to approve the site and building plan provided appropriate highway access be obtained, design plans have been approved by the Building Official, and the engineer approve the plan. Also the Conditional Use Permit for exterior storage be approved provided the open storage be fenced with 6' chainlink with 3 strands of barbed wire and a minimum of slats as screening the approximate 50 feet along Lilac Street next to the proposed building, with the exception of the portion of that 50 feet which is the driveway, and five trees be put in between Lilac Street and the building. Mr. Bohjanen seconded the motion which carried unanimously. C. William Boop - Public Hearing -Land Reclamation - Mr. Kluegel stated that Mr. Boop has requested a conditional use permit for land reclamation to bring in fill to try to solve his water problem at his home. There was question whether setting a May 12 public hearing would provide adequate time for publication of a two - week notice. Mr. Boop volunteered to hand deliver the notices if he could have the hearing on May 12 because he was committed to remove the fill from the present location by May 15, therefore making a later Council meeting date too late. Mr. Hawkins said that Mr. Boop could hand deliver the notices and make sure to get an affidavit.rof service. Mr. Marier moved to set a public hearing for 7:30 P.M., May 12 for Land Reclamation contingent upon Mr. Boop hand delivering the notices to the required resi- dents. Mr. Bohjanen seconded the motion which carried unanimously. Mayor Benson told Mr. Boop that the responsibility of delivering the notices is on his shoulders. D. Ordinance 02 -86 -Lot Provisions - Mr. Kluegel explained that this was a housekeeping item addressing number of principal uses on one lot and the P & Z Board recommends approval. Mr. Bisel moved to table this item until the next meeting in order to have time to get a full understanding of the issue. Mr. Bohjanen seconded the motion. Motion carried unanimously. Page Five April 28, 1986 COUNCIL MEETING ATTORNEY'S REPORT Water Deposits - Mr. Hawkins reported that he has checked into the ordinance regarding deposits on water service. For several years all water service customers have paid a $35.00 deposit which is meant to cover any delinquency of payments. The City Clerk has requested that collection of this $35.00 be discontinued due to the fact that this amount would only cover one quarter of delinquency and should delinquency occur, the City has the means to certify to the County delinquent accounts annually. The second question which needs to be addressed is whether or not the City is required to add interest to the $35.00 when the deposit is returned to the customer. Mr. Hawkins said that interest would need to be added at 6% a year. Mr. Bisel moved to eliminate the procedure of collecting the $35.00 deposit for water customers and also to deduct fromthe appropriate bills the deposit plus interest. Mr. Marier seconded the motion. Motion carried with Mayor Benson abstaining. ENGINEER'S REPORT County Ditch 22 - Several persons were in the audience with interest in this agenda item. Mr. Marier expressed his opinion that Rice Creek Watershed District appears to serve no purpose other than to collect their fees; in this ongoing problem, RCWD seems to be of the attitude "the City assess the parties involved and we'll tell you what to do ". Mr. Marier felt that if this is the only purpose that RCWD serves, our legislators should be aware of this and he would be willing to discuss the issue with legislators during his upcoming meeting to Washington. Mr. Kolstad and Mr. Weiss of 7770 4th Avenue expressed the problems the people are experiencing in this area and their opinion that RCWD has only caused this issue to continue without remedy. Mr. Toddie discussed options to attempt to correct the problems and said that a study to see if the cleaning of ditch 22 would work would cost about $700 and with the present flooding conditions, he was unsure when this study could begin. Persons in the audience expressed a concern that the Council does not appear to be taking action. Members of the Council explained that they have been working to get other levels of government to participate in order that the residents would not be required to bear the burden of cost involved. With the apparent lack of respon- sibility on the part of RCWD and Anoka County, the Council has realized that the problem will have to be handled by the City and assessed as such. Mr. Toddie was instructed to be prepared for the next Council meeting with figures for a project to move the water to the ditch, clean the ditch and distribution of assessments. The Council will take action at the next meeting to decide upon a course of action. 1 1 1 1 063 COUNCIL MEETING Page Six April 28, 1986 Mr. Volk asked what the Council's direction would be as far as trying to alleviate some of the water problems within the City which have occurred due to the recent heavy rain. The Council told Mr. Volk to use his judgment in trying to relieve the problem, and poll the Council by phone before making a costly decision. North Road Improvements - Mr. Toddie explained that the Council has a Joint Powers Agreement for signature, but that the distribution of costs is not clearly identified within the agreement. Mr. Toddie understands how the costs are to be distributed, but felt that the agreement, before signed, should be clarified. Mayor Benson asked Mr. Toddie to discuss this with Anoka County and return to the Council with a clear and understandable agreement for signature. Baldwin Lake Court Sewer Extension Feasibility Study - Mr. Toddie explained that the Baldwin Lake trailer court wishes to add ten or twelve more mobile homes which would mean an extension of sewer service. Should any of the residents along Hodgson Road in the immediate area wish to connect in the near future, the plans for the sewer extension would need to be modified to accommodate those residents, therefore Mr. Toddie suggested that those residents be made aware of the plans so that the appropriate sewer extension can be studied. Rice Lake Estates Well - Mr. Toddie reported that today he became I aware that the findings of the pilot well indicates that a standard well will be satisfactory. CONSIDERATION OF WAYS AND MEANS COMMITTEE RECOMMENDATIONS DEALING WITH SUPERVISORY AND NON -UNION PERSONNEL Mr. Schumacher briefly explained that included for consideration were evaluations and salary adjustments for several employees. He also explained some policy changes proposed. Mr. Marier questioned 'the standards which were used in making the salary recommendations. Mr. Marier moved to table consideration of the Ways and Means Committee recommendations to allow time to look at the incentive plan and the "caps" on positions and also to look into the reasons for the differences in percentages for those employees reviewed. Mr. Bisel seconded the motion. Motion carried with Mayor Benson voting no. CONSIDERATION AND APPROVAL OF THE 1985 AUDIT Immediately before this evening's Council meeting, a work session was held to review the 1985 audit. Mr. Tautges of Voto, Reardon, Tautges (auditor for the city) reviewed the audit at that work session. 064 l e Seven COUNCIL MEETING April 28, 1986 Mr. Bisel moved to approve the 1985 audit. Mr. Bohjanen seconded the motion. Mr. Marier asked that a report be submitted to the Council with regard to the status of assessment payments. He suggested that the Council take necessary e Yrevie. of each quarterly report to deter delinquency after review Council not do further business with Y with also delinquent the record. parties with a delinquent OLD BUSINESS 1 Update on L & G Rehbein Lime Sludge Licens the validity of a letter dated 4/18/86 from Mr. Hutichison,�uAnokaned County with regard to the lime sludge issue. Mr. Bohjanen moved to have Mr. Hutchison, Mr. Kluegel and Mr. Volk visit the site referred to in the 4/18/86 letter and determine the lime sludge situation. Mr. Marier seconded the motion which carried unanimously. Special Council Meeting for May 5, 1986 - Ulmer Preliminary Plat - Mr. Schumacher reported that the purpose of the May 5, 1986 meeting was to meet with Ulmer's engineer particularly regarding the alter- natives for the ponding area. The residents of the area were also invited to attend. Ulmer's engineer has stated that he will be unable to make that particular date and su The alternate dates su ggested alternate dates. Schumacher was instructedstodarrangeoa mutually satisfactorCouncil. date Mr. and notify all involved. Y ate Rolland Ford Update - Mr. Kluegel updated the Council on the status of the cleanup on the Ford property. Mr. Ford did not meet the judges order to clean up the property by April 15, and therefore, the City is going through the nuisance abatement procedure as required by the ordinance. Mayor Benson asked why the delay in going this procedure when Mr. Ford was given a final date forccompletiongh of April 15. Mr. Hawkins stated that legally the procedure must be followed. Richard Klenck - Complaint of Improper Excavation - Mr. Kluegel explained that one of Mr. Klenck's neighbors wrote a letter of complaint regarding the excavating going on at the Klenck property. In responding to the complaint, Mr. Kluegel inspected the area in question and found that Mr. Klenck has obtained the proper permits and has a conditional use permit and is satisfying the conditions of those permits. Mr. Klenck also has a petition 18 neighbors stating they have no complaiintaboutfthe activity- - the 18th neighbor is the neighbor who has complained. Mr. Klenck stated that the problem is simply a neighbor feud. Mr. Marier moved to have the city staff respond to the complaint with a letter explaining that the Building Official has checked out the situation and activity appears to be satisfying the necessary permits. Mr. Bisel seconded the motion which carried unanimously. 1 COUNCIL MEETING Page Eight April 28, 1986 IAnoka County Regional Resolution Limiting Acquisition in the City of Lino Lakes for Park Purposes - Mr. Schumacher stated that this resolution is something that needs to be taken care of yearly. 1 1 Mr. Bohjanen moved to renew the resolution with Anoka County limiting acquisition of park property in Lino Lakes. Mr. Marier seconded the motion which carried unanimously. NEW BUSINESS Police Department - Mr. Schumacher reminded the Council that a meeting will be held April 29 with Circle Pines /Lexington Police Department in coordination with the school board to discuss putting together a crime protection program. Lino Lakes Police Chief Campbell will be attending to discuss the Lino Lakes program and Councilmembers are also invited. Mayor Benson also noted that he thought the booklet put together by the Police Department was very nice. It is a annual report from the Department. Mayor Benson said he does not recall changing the name of the Department to Lino Lakes /Centerville Police Department and asked that those persons who put together the report refer to the Department as the Lino Lakes Police Department. Brownies - Bike Path - Mayor Benson asked that the staff write a letter to the Brownies who requested a bike path along Main Street explaining the plans as discussed earlier in this meeting with Anoka County's Jon Olson. County Road Patching - Mr. Bisel asked if Mr. Volk could speak to the road patching supervisor for Anoka County regarding the poor job being done patching the roads. Mr. Volk said this conversation has taken place numerous times Mr. Bisel volunteered to phone the department and discuss the problem as a Councilmember and citizen. Mr. Bisel moved at 10 :'i5 P.M. to adjourn the meeting. Mr. Bohanen seconded the motion. Aye. These minutes were considered and approved at a r the City Council on May 12, 19 eeting of Marilyn G. Anderson, City Clerk nj ami on, Mayor 065