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HomeMy WebLinkAbout07/14/1986 Council Minutes (2)130 COUNCIL MEETING July 14, 1986 The regular meeting of the Lino Lakes City Council was called to order by Acting Mayor, Vern Reinert. Councilmembers present: Bohjanen, Marier, Bisel. Absent: Mayor Benson. Also present were City Attorney, Bill Hawkins; City Engineer, Bob Toddie; Public Works Director, Don Volk; Building Official, Pete Kluegel; City Administrator, Randy Schumacher; and Secretary, Shar Foster. CONSIDERATION OF MINUTES - June 23. 1986 MOTION: Mr. Marier moved to approve the minutes of the 6/23/86 Council meeting as presented. Mr. Bohjanen seconded the motion which carried unanimously. CONSIDERATION OF DISBURSEMENTS June 30, 1986 - MOTION: Mr. Bohjanen moved to approved the 6/30/86 disbursements as presented. Mr. Bisel seconded the motion which carried unanimously. July 14, 1986 - Mr. Marier questioned the disbursement to Mayor Benson for the League of Minnesota meeting, particularly the number of meals. Mr. Bisel asked what the charge is for to White Bear Animal Control. Mr. Schumacher explained that this is a monthly contracted service fee and that White Bear Animal Control reports regularly to the Lino Lakes Police Department and that a portion of the service fee is recovered. MOTION: Mr. Marier moved to approve the 7/14/86 disbursements with the exception of the check for the League of Minnesota meeting Mr. Bisel seconded the motion which carried unimously. OPEN MIKE No one was scheduled or appeared under open mike. ONEKA LAKE DRAINAGE PROJECT As requested by the Lino Lakes Council, Hugo Mayor Mike McAllister appeared before the Board to explain the plans Hugo has for draining of Oneka Lake to hopefully bring the lake to the ordinary high water make. He gave background on the issue, and with the use of a map of the area explained that the plan calls for a control valve to be installed which would allow the lake to drain into Hardwood Creek. This drainage would only be allowed at times when the level in the creek is under a particular figure as directed by the permit. Mr. Marier showed concern that the flow from Hardwood Creek eventually enters Peltier Lake and further down the line enters the Chain of Lakes. This situation, the Council felt, could definitely have an affect on Lino Lakes. Mr. Marier said in all respect to the Hugo Council in trying to alleviate their problem, he did not have alot of faith in Rice Creek Watershed District that they have done the necessary studies to assure that the problem does not just get handed to another area. 1 131 COUNCIL MEETING July 14, 1986 Page Two Mr. Volk said that Peltier Lake receives water from two inlets and that he felt that the permit should only allow drainage from Oneka Lake when Peltier Lake is at a particular level. Mayor McAllister said that Hugo and Lino Lakes have been good neighbors in the past and that Hugo intends to continue that relationship and invited the Council to tour the area in question. He added that he has the permit from Rice Creek Watershed District and is awaiting the permit from the DNR. Kathy Schtowchan (a concerned resident in the area) told the Council that she had the understanding that the DNR is planning to decide upon their permit early this week and that she encouraged Lino Lakes to do some immediate checking with them. MOTION: Mr. Marier moved to check into the Oneka Lake situation to see what RCWD studied before allowing a permit to implement this program and also to check with the DNR and pass on the concern of the Council before they issue a permit. Mr. Bohjanen seconded the motion which carried unanimously. Mr. Marier and Mr. Schumacher arranged to meet at 8:30 a.m., Tuesday, July 15 to begin these actions. ORDINANCE #04 -86. SECOND READING Mr. Kluegel explained that Ordinance #04 -86 would be a change to the zoning ordinance that would allow "veterinary clinic or office with holding facilities" as a conditional use in the LI zone. The City Planner and the Planning Commission has recommended this addition to the zoning ordinance. MOTION: Mr. Marier moved to adopt Ordinance #04 -86 adding "veterinary clinic or office with holding facilities" to the provisions in the LI zone as a conditional use. The secretary read the Ordinance. Mr. Bohjanen seconded the motion which carried unanimously. (This ordinance can be found on page six of the 6/23/86 minutes.) FOREST LAKE SCHOOL DISTRICT CERTIFICATE OF COMPLIANCE MEETING REPRESENTATIVE Mr. Schumacher explained that Forest Lake School District annually holds this meeting as required by the State Department of Education, to discuss the needs in the district and how to cooperate to meet the needs. A representative is invited from each municipality serviced by Forest Lake School _District and the Council can appoint whomever they feel would best represent Lino Lakes. A suggestion had been made to appoint Arlene Averbeck to represent Lino Lakes since she is a resident within the Forest Lake District and because she is a substitute teach in the district. Mrs. Averbeck is available to attend and would provide the Council with a written report. MOTION: Mr. Bohjanen moved to appoint Arlene Averbeck to attend the Forest Lake School District Certificate of Compliance Meeting on July 23, 1986. Mr. Bisel seconded the motion which carried unanimously. 132 COUNCIL MEETING July 14, 1986 Page Three CONSIDERATION OF PLAYGROUND EQUIPMENT BIDS FOR ARENA ACRES AND LINO PARKS Mr. Volk reported that the Park Board has recommended approval of the bid from Landscape Structures for playground equipment to establish the first tot lot at Arena Acres and replace and add to the facilities at Lino Park. Mr. Volk said that the funds for the equipment are within the budget and that the equipment manufacturer is very careful about child safety. MOTION: Mr. Marier moved to accept the bid of $12,316.00 from Landscape Structures for playground equipment at Arena Acres Park and Lino Park. Mr. Bisel seconded the motion which carried unanimously. ENGINEER'S REPORT - ORANGE STREET DRAINAGE PROBLEM Mr. Toddie reported that some of the residents along Orange Street have proposed a possible solution to the drainage problem they are experiencing. Currently the water which runs down Orange Street goes as far as a couple of low lots on Orange Street and empties into those lots rather than continuing down the street. The residents have proposed curbs and gutters to alleviate the problem. In simply looking at the area, Mr. Toddie's opinion was that the curbs and gutters may alleviate some of the problem in lighter rainfalls, however, during heavy rainfalls the water would run over the curbs and into those same lots which are now experiencing problems. The water which did continue on down Orange Street could create a flooding problem for residents further down Orange Street. No drainage plan was required at the time of this plat approval. The owner of the home at 902 Orange Street said that he is one of the residents experiencing the problem and that he felt that the City did not take the proper precautions to protect his lot when permits were issued allowing building of homes and raising of the road which all drains into his lot. Raising of the road created a road higher than his property, he said. Other residents were also in attendance to ask for a solution to the problem. Mr. Toddie gave some estimates of $2.50 /foot for asphalt curbs or $8.00 /foot for concrete, but stated that some road upgrade would probably have to be done also and that the curbing should continue at least as far west as Eva Street. The Council did not feel that the cost of a complete engineering study would be warranted at this time and asked if Mr. Volk felt he had a broad enough understanding of the problem to suggest a solution. Mr. Volk felt he could suggest a plan for curb and gutter but agreed that this may not correct the entire problem. MOTION: Mr. Marier moved to authorize Mr. Volk to study the problem of draining along Orange Street and return to the next Council meeting with a plan and associated costs. Mr. Bisel seconded the motion which carried unanimously. COUNCIL MEETING July 14, 1986 Page Four ATTORNEY'S REPORT - ANTI -TRUST OPINION Mr. Hawkins handed out a letter from LeFevere, Lefler, et al, giving an opinion on the question which has arisen in conjunction with the residential development known as Rice Lake Estates and whether the City of Lino Lakes could require this developer to be serviced by one of two entities that have been granted gas franchises by the City. (This opinion was requested by Mr. Hawkins.) Mr. Hawkins explained that the developer has chosen North Central Public Service over Circle Pines Gas Utility because the lines would be installed free of charge through North Central whereas Circle Pines Gas Utility would require approximately $40,000 at the time of installation. Mr. Hawkins noted that the opinion from LeFevere, Lefler et al suggested that Lino Lakes could impose a franchise fee on North Central. Mr. Marier suggested that Lino Lakes pursue this recommendation. As to the question of whether or not Lino Lakes could require the developer to be serviced by Circle Pines Gas Utility rather than North Central Public Service, the opinion concluded that the City essentially does not have the authority to dictate which entity a gas customer chooses. Mr. Schumacher reported that he is awaiting a report from the Public Utilities Commission and from the City Engineer with regard to this issue. These reports should be available in two weeks. No action was taken on this issue at this time. CONSIDERATION OF AMENDING THE SIGN ORDINANCE - INPUT FROM LOCAL BUSINESSES Mr. Bohjanen reported that, as requested by the Council, he met on July 8th with local businessmen regarding the sign ordinance. As outlined in a 7/11/86 memo from Mr. Bohjanen on this subject, the following three recommendations were made to be used on a six -month trial basis, the end of which time the Council could consider further adjustment or adoption of these changes: 1) That the City eliminate the annual sign fee (not including commercial signs such as Naegele), and enforce on an as need basis. 2) That portable signs be used a maximum of 4 times a year at a total of 15 days per time. These should be limited to special events or promotions, a fee shall be charged that will reflect the cost of the administration of this permit not to exceed $10.00 and would be policed by the Building Official. 133 134 COUNCIL MEETING July 14, 1986 Page Five 3) That a fourth category of temporary sign be added which would allow for residential promotion. These may include anything from garage sales to advertising of non - profit benefits. The time limit will not exceed 5 days. Individuals would be responsible for the policing of their own sign. (A suggestion would be that if the Building Official had to remove the sign after the five day period, the party would be fined.) Some of the Councilmembers felt that this item should be reviewed by the Planning Commision. MOTION: Mr. Marier moved to have Mr. Bisel and Mr. Kluegel bring this item before the next Planning and Zoning Board meeting and get their input and place this issue on the following Council agenda for consideration. Mr. Bohjanen seconded the motion which carried unanimously. OLD BUSINESS CONSIDERATION OF APPOINTING DAN TESCH AS ALTERNATE CABLE TV REPRESENTATIVE Mr. Schumacher reported that earlier this year Father Francis Fried resigned as alternate to the cable commission and that he has recommended appointing Dan Tesch for that position because Mr. Tesch has been working with the cable commission for the past several months and is familiar with the service. MOTION: Mr. Bisel moved to appoint Dan Tesch as alternate to the North Central Suburban Cable Communications Commission. Mr. Bohjanen seconded the motion which carried unanimously. UPDATE OF MAPLE STREET LOT Mr. Schumacher reported that the City Engineer has determined that the blacktop fronting on the Maple Street City owned lot extends across the front of the lot except for approximately the westerly two feet. Mr. Volk has determined that if a house is built on this lot the turnaround would have to be reconstructed at an approximate cost of $1,000 (the turnaround as now constructed may encroach on the lot). The City Assessor will be providing further information regarding why the lot was listed as not build- able and lot sales in this area for comparisons. No action took place on this item; it will appear on the next Council agenda. ANOKA COUNTY PARK ACQUISITION AGREEMENT Mr. Schumacher explained that the Council requested that the City Clerk send a letter asking the Anoka County Board of Commissioners to reaffirm the agreement adopted in 1974 stating that Anoka County will support the City of Lino Lakes position that no further park or open space be required of Lino Lakes. COUNCIL MEETING July 14, 1986 Page Six County Commissioner Langfeld responded in a letter stating that the County Attorney's Offices has advised that no governing body can bind a future body (three County Board members are up for election this fall). In the past, Mr. Schumacher said, the County has always agreed to the annual resolution reaffirming the position of no further County park property. Mr. Marier asked Mr. Schumacher to send the resolution to Commissioner Langfeld again and explain the situation to her in order to get the County's reaffirmation since he felt that there must be some misunderstanding. Mr. Bohjanen suggested that a copy also go to Mr. Torkelson, County Park Director, who may be able to shed some light on the subject. NEW BUSINESS MORATORIUM ON POLE AND METAL BUILDINGS Mr. Kluegel reported that the Planning & Zoning Board, at their last meeting requested that the Council place a moratorium on pole and metal buildings due to the fact that they have initiated an ordinance amendment which would restrict the type of buildings which could be constructed in the commercial and light industrial zones. This amendment would prohibit pole and metal buildings in these zones. All application which are in process would be handled under the existing ordinance. MOTION: Mr. Bisel moved to implement a moratorium on pole and metal buildings for 120 days, as recommended by the Planning and Zoning Board. All applications made as of 7/14/86 will be handled under the existing ordinance. Motion was seconded by Mr. Bohjanen and carried unanimously. AMENDING MSA ROAD PROGRAM - RESOLUTIONS #17 - 86 AND #19 - 86 The Council met immediately before this evening's meeting to discuss amending the MSA Road Program to include upgrade of West Shadow Lake Drive within the program. (See 7/14/86 Work Session minutes.) MOTION: Mr. Marier moved to adopt Resolution #17 -86 updating the program for MSA Roads and Streets inserting a project in 1985/1986 and moving all subsequent projects one year further into the future, making the last project on the program (Ware Road project) planned for 1990 -1991. The project to be inserted in 1986 is the West Shadow Lake Drive upgrade project, to be completed in 1986. The inserted West Shadow Lake Drive projectwillbeinserted just after the Fourth Avenue project, although the two projects may be going on simultaneously. This motion includes authorization for the City Engineer to perform the necessary study on the West Shadow Lake Drive project. Mr. Bisel seconded the motion which carried unanimously. 135 136 COUNCIL MEETING July 14, 1986 Page Seven CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA RESOLUTION NO. 17 - 86 RESOLUTION AMENDING THE FIVE -YEAR MSAS CONSTRUCTION PROGRAM WHEREAS, the City Council of Lino Lakes adopted a five -year construction program on August 13, 1985, and WHEREAS, it is the intent of the Lino Lakes City Council to add West Shadow Lake Drive to the five -year - constuction program, and WHEREAS, it is the intent of the Lino Lakes City Council to utilize MSA funds for the bridge replacement on 80th Street, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: that the five -year MSAS construction program dated July 14, 1986 is hereby approved subject to approval of the District State Aid Engineer. IT IS FURTHER RESOLVED: that the City Administrator is directed to submit a copy of this Resolution and the revised five -year construction program to the Minnesota Department of Transportation for approval. Adopted by the Council this day of 1986. Benj Marilyn,!G Anderson, Clerk - Treasurer enson, Mayor COUNCIL MEETING July 14, 1986 Page Seven (A) CITY OF LINO LAKES Resolution #19 - 86 RESOLUTION ORDERING "PREPARATION OF REPORT ON IMPROVEMENT OF WEST SHADOW LAKE DRIVE (7TH AVENUE) WHEREAS, it is proposed to improve West Shadow Lake Drive (7th Avenue) between Birch Street to the entry to Chomonix Golf Course and to assess the benefited property for all or a port- ion of the cost of the improvement, pursuant to Minnesota Stat- utes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: That the proposed improvement be referred to the City Eng- ineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 14th day of July, 1986. Marilyn d. Anderson, Clerk- Treasurer 137 138 COUNCIL MEETING July 14, 1986 Page Eight CENTENNIAL FIRE COMMISSION Mr. Bisel showed concern that the material which the Council received for information purposes having to do with the annual recalculation of the member city contributions is difficult to interpret. The Fire Commission requested that Centerville, Lino Lakes and Circle Pines provide population figures and assessed valuation for 1985 and each City responded separately. He would like to see a report encompassing the information from the three cities and what that information means in terms of cost to each city. INFORMATION FROM CIRCLE PINES Mr. Bisel questioned the information received by the Council with regard to the lease agreement between City of Circle Pines and the Utilities Commission. Mr. Marier mentioned that Mr. Schumacher is trying to set up a meeting with the Circle Pines Council to go over this issue and a number of other questions. Mr. Schumacher said this meeting will probably be scheduled for next week. PELTIER VIEW PLAT Mr. Toddie reported that he received just this week a road develop- ment plan for Peltier View. The Council asked that Mr. Kluegel, Mr. Schumacher and Mr. Toddie review all necessary background informa- tion to assure that all is in order before the developer proceeds. MOTION: Mr. Bohjanen moved to adjourn the meeting at 8:45. Mr. Bisel seconded the motion. Aye. These minutes were considered and approved by Council July 28, 1986. Marilyn, G. Anderson, City Clerk