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HomeMy WebLinkAbout12/08/1986 Council Minutes1 1 1 COUNCIL MEETING December 8, 1986 The regular meeting of the Lino Lakes City Council was called to order,at 7:00 P.M. by Mayor Benson. Members present: Marier, Biself Bohjanen, Reinert. Members absent: None. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg, Public Works Director, Don Volk; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - NOVEMBER 24, 1986 Mr. Marier moved to approve the minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS November 30, 1986. Mr. Schumacher explained the Disbursement for Mr. Reinert is a duplicate of which was approved at the November 24, 1986 Council Meeting. Mr. Bohjanen moved to approve these Disbursements less the Disbursement for Mr. Reinert. Mr. Marier seconded the motion. Motion carried unanimously. December 8, 1986. Mr. Marier moved to approve these Disbursements as presented. Mr. Bisel seconded the motion. Mr. Bisel asked if there was any way to recoup the expenses for animal control. Mrs. Anderson explained the City pays for basic patrolling and expenses for unclaimed dogs. Owners of dogs that are claimed pay all their related expenses. Voting on the motion, motion carried unanimously. Mr. Marier commended staff for the detailed explanations on the Dis- bursement Listing. OPEN MIKE No one appeared under Open Mike. PUBLIC WORKS DIRECTOR'S REPORT - DON VOLK A. LaMotte Drive Rbsidential Flooding - Mr. Volk reviewed the flooding problem that occurred last spring. He has determined that the flooding is occurring because a new subdivision (Center Oaks) is being built in Centerville and the run off is coming into Lino Lakes uncontrolled. Mr. Volk has contacted Rice Creek Watershed District (RCWD) about the situation. RCWD feels this is a problem that can either be remedied by Lino Lakes and Centerville working together to clean out the ditch or petitioning RCWD to clean the ditch. Mr. Volk has asked RCWD and Centerville to provide him with a copy of the drainage plans for Center Oaks but none can be found. To date it appears that there is no RCWD permit for the subdivision. It appears that RCWD is saying there is no permit for the subdivision and they are not responsible for requiring the permit. 075 COUNCIL MEETING December 8, 1986 Mr. Volk recommended that he be allowed to contact Centerville and request that the developer of Center Oaks be required to install control devices as are plats in Lino Lakes. Mr. Reinert said that this is another area where RCWD has created additional problems for Lino Lakes. Mayor Benson noted that it appears the original permit for Center Oaks was issued several years before actual construction began. RCWD should be required to demand that all permits not completed in a specified time be resubmitted. Circumstances in that particular plat may change warranting further investigation. Mr. Marier suggested that this Council go to our state legislators for support regarding RCWD and document the problems that have oc- curred in Lino Lakes because of their presence. (Center Oaks, Lake Oneka, Main Street and Aenon holding pond, 4th Avenue, etc.). Mr. Bisel suggested we should check with other communities to gather further support. Mr. Reinert noted that some responsibility does rest with the County Commissioners since they appoint the members of RCWD. Mayor Benson asked that Mr. Volk follow up with Centerville to see if a plat with drainage plans are available. Also try to determine if Centerville will be agreeable to a joint venture of cleaning the ditch from Center Oaks development to Centerville Lake. SECOND READING - ORDINANCE #12 -86, MORATORIUM ON POLE STRUCTURES IN COMMERCIAL AND INDUSTRIAL DISTRICTS Mr. Bisel moved to accept the second reading of Ordinance #12 -86 and dispense with the reading. Mr. Marier seconded the motion. Motion carried unanimously. Resolution #12 -86 can,be found written in No- vember 24, 1986 minutes. 1 FIRST READING - ORDINANCE #14 -86, PARK DEDICATION AMENDMENT Mr. Schumacher explained the Park Board has asked that the park dedication portion of the City Code be rewritten so that certain areas can be clarified. Some of the areas are: 1) establish cri- teria for park need, 2) clarify per cent of land dedication, 3) lan- guage dealing with $160 per dwelling unit or 10% of the fair market land value. Mr. Volk noted that the proposed ordinance contains lan- guage that will give the City authority to make the park site selec- tion. There was discussion regarding whether or not it was reasonable for the City to take whatever it wanted for parks. Mr. Hawkins pointed out state statutes authorize cities to make the selections. This is not a problem in other Cities especially where the City and developer negotiate the park requirements. There was a question regarding park dedication for commercial development. Mr. Volk said the proposed ordinance is consistent with other communities and elaborated on the use of parks by larger firms. 1 1 1 COUNCIL MEETING December 8, 1986 Mr. Bohjanen moved to approve the first reading of Ordinance #14 -86. Mr. Wirier seconded the motion. Mr. Marier asked that "reasonable portion" in Section I be underlined. Motion passed unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 14 - 86 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDING PROPERTY DEDICATION PROVISIONS OF THE SUBDIVISION OF LAND REGULATIONS CON- TAINED THEREIN. The City Council of the City of Lino Lakes ordains: Section 1. Property Dedication. The developer shall dedi- cate to the City a reasonable portion of the proposed sub- division 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. The criterion to be used by the City in determining the park needs is as follows: 1. Proposed development density and use. 2. Proximity of development to existing parks. 3. Open space within the development. 4. Future park needs per the comprehensive plan. For residential, commercial and industrial development the following land dedication shall apply: 10% of the total land acreage in the development. Land site selection is to be made by the City. The City may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposed based on the fair market value of the land at the time of final approval. This cash equivalent for all residential development shall be $160.00 per dwelling unit to be constructed within such proposed development. For commercial /industrial development, the cash equivalent shall be ten (10 %) per cent of the fair market land value-of the deve- lopment. 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. This payment is due to the City Clerk- Treasurer before any documents may be filed with the County Recorder's Office. 076 COUNCIL MEETING December 8, 1986 Section 2. Effective Date. This ordinance shall be effective thirty (30) days after its pub- lication. Passed by the Council of the City of Lino Lakes this 8th day of December , 1986. Marilyn G. Anderson, Clerk- Treasurer CONSIDERATION OF APPROVING THE LEASE AGREEMENT WITH DISTRICT MEMORIAL • HOSPITAL Mr. Schumacher explained that Mr. Hawkins has prepared a seventeen pag lease for District Memorial Hospital (DMH) ambulance services use of Lino Lakes fire hall. Some aspects of the lease are: 1) year to year lease, 2) quarterly rent of $300.00, 3) DMH is responsible for 30% of the utilities and 4) DMH will pay all costs of improving their quar- ters and insurance with a 30 day cancellation clause will be required. Mr. Marier moved to approve the lease agreement for DMH ambulance service. Mr. Bohjanen seconded the motion. Motion carried unani- mously. CONSIDERATION OF THE REQUEST FROM NORTH CENTRAL PUBLIC SERVICE TO EXTEND PRESENT FRANCHISE Mr. Schumacher explained that Mayor Benson has received a letter from North Central Public Service requesting that their franchise be amen- ded to include the entire City of Lino Lakes as is the proposed gas franchise of Circle Pines. Mr. Schumacher recommended that the Coun- cil not take any action on this request until the franchise with Cir- cle Pines is completed. Mr. Bohjanen moved to table this item until the first Council Meeting in January, 1987. Mr. Marier seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS A. Update on Pending Litigation - Mr. Hawkins outlined four matters that are pending: 1) 4th Avenue eminent domain, 2) Ulmers Special Assessment Appeal, 3) Roger Nelson Lawsuit regarding sale of lots 077 COUNCIL MEETING December 8, 1986 IIin Lakes Addition #3 and 4) Reiling Road, Muehlstadt. The first issue should be finalized within two weeks except for a possible appeal to District Court. The second issue is in the process of discovery and both Ulmer and this City are retaining appraisers. The third issue is in the process of pleadings being drafted for failure to com- plete the purchase of the lots according to the bid. The fourth is- sue has been turned over to the insurance carrier for the contractor of the Reiling Road project. B. Consideration of Rice Lake Estates Agreement - Mr. Hawkins explained that Circle Pines is not pushing to get any utility agreements ready for Rice Lake Estates until the gas franchise issue is resolved. Mr. Marier moved to table this item. Mr. Bisel seconded the motion. Mo- tion carried unanimously. ENGINEER'S REPORT - RON STAHLBERG A. Update Regarding Construction of Rice Lakes Utilities - Mr. Stahl - berg has requested a written time schedule from the contractor. The contractor has indicated verbally that the work will be completed and the facilities operational by January 15, 1987. OLD BUSINESS IA. Gas Franchise Update - Mr. Schumacher explained that some issues have not been resolved but discussions continue. One issue is whether at the end of five years Circle Pines will sell the system to Lino Lakes at the market value or the depreciated value. Mayor Benson asked that Mr. Schumacher request the -comments of the Negotiating Committee when he drafts criteria for the Lino Lakes' member of the Circle Pines Utilities Commission. NEW BUSINESS A. Metropolitan Waste Control Commission SAC Policy Change. Mr. Schu- macher has received a letter from MWCC stating that Lino Lakes will not have to collect SAC for new dwelling units where central sanitary sewer is not available to the property. MWCC has also agreed to a rebate program where Lino Lakes will be rebated SAC collected for homes where sanitary sewer is not available. He recommended that he be directed to work with the City Engineer to draft options on what to do with the money that will be rebated. B. Christmas Party. Mayor Benson noted the information sent to the Council regarding the annual Christmas party. IC. Strategic Planning Session - Mayor Benson thanked the Council, staff and consultants for their time and work on Friday and Saturday. He felt it was a fruitful meeting and implementation of some of the ideas discussed will make the City easier to manage in the future. The re- mainder of the agenda will be completed at a later date. Mr. Bohjanen moved to adjourn at 8:08 P.M. Mr. Bisel seconded the motion. Aye.