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HomeMy WebLinkAbout12/22/1986 Council Minutes (2)1 1 1 079 COUNCIL MEETING December 22, 1986 The regular meeting of the Lino Lakes City Council was called to order at 7:15 P.M. by Mayor Benson. Members present: Reinert, Boh- janen, Bisel, Marier. Members absent: None. Police, Chief Camp- bell; Public Works Director, Don Volk; Building Inspector, Pete Klue- gel; Engineer, Ron Stahlberg; Attorney, Bill Hawkins; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also pres- ent. CONSIDERATION AND APPROVAL OF MINUTES Budget, September 2, 1986 - Mr. Marier moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unani- mously. Budget, September 22, 1986 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried unani- mously. Budget, October 6, 1986 - Mr. Marier moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unani- mously. Regular Council Meeting - December 8, 1986 - Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - DECEMBER 22. 1986 Mr. Bohjanen moved to approve the Disbursements as presented. Mr. Mar - ier seconded the motion. Mayor Benson referred to the expenses under the Police Department and Public Works Department for Ziegler Tire Company and asked if it would be prudent to have our own tire mounting and balancing equipment. Mr. Volk explained that most of the expense is for new tires and only about $50.00 was for mounting and balancing. Mayor Benson asked about the expense for Apitz Garage. Chief Campbell explained this was for a regulator replacement for the canine unit. The repair was required after regular City Hall working hours. Mayor Benson questioned the expense for Sroga's Towing Service. Mr. Volk explained this was for towing a loaded dump truck from West Shadow Lake Drive. He was upset by the large charge, but did not have any other service available to him. There was a question about the Disbursement to H. Winnick Company. Mr. Volk explained this was for materials to make sander parts. Voting on the motion, motion carried unanimously. COUNCIL MEETING December 22, 1986 OPEN MIKE There was no one to appear under Open Mike. CONSIDERATION OF CABLE CASTING ITS PUBLIC MEETINGS - MIKE CUSICK Mr. Cusick appeared before the Council tonight to further explain his letter of December 2, 1986 and ask the Council if they are considering cable casting Council Meetings and other public meetings. If the Council is considering this idea, then he would like to sit down with Mr. Schumacher to analyze what equipment would be necessary. He ex- plained the Cable Commission has set aside some money for funding, but there is not enough if all eight cities wish to cable cast in 1987. Mr. Schumacher asked if this policy could change in the future. Mr. Cusick said no, at this time he just wants to weed out those cities who do not wish to cable cast in 1987. Mr. Bisel asked if the citizens want public meetings cable cast. Mr. Cusick said he did not have any statistics on this, however it is known that of all public meetings cable cast, Council Meetings are the most popular. He also noted that about one fifth of this Cities households subscribe to cable. The costs of cable casting will come out of the franchise fees. Mayor Benson explained in keeping with his desire to keep the public informed it would be best to cable cast. Mr. Marier felt this would be a good idea if there were a larger audience and the costs were not coming from City Funds. Mr. Reinert moved to consider the possibility of cable casting meetings. Mr. Bisel seconded the motion. Motion carried unanimously. SECOND READING - NO. 14 -86, PARK DEDICATION AMENDMENT Mr. Bohjanen moved to approve the second reading of this ordinance. Mr. Reinert seconded the motion. Motion carried unanimously. Mrs. Anderson read the ordinance. 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. 1 1 1 1 1 1 COUNCIL MEETING December 22, 1986 The City Council of the City of Lino Lakes ordains: Section 1. Property Dedication. The developer shall ded- icate 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. parks. 2. Proximity of development to existing p 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 purposes 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 devel- opment. 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 yc• documents may payment filed due with the CountyClerk-Treasurer Recorder's an docu Office. any do 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 22nd of December, 1986. Marilyn G. Anderson, Clerk- Treasurer 080 in . -nson, ayor COUNCIL MEETING December 22, 1986 7:30 P.M. - PUBLIC HEARING - CONDITIONAL USE PERMIT AMENDMENT, ROBERT KOHL BOB'S AUTO RANCH Mayor Benson opened the public hearing at 7:33 P.M. Mr. Kluegel ex- plained that Mr. Kohl is requesting a Conditional Use Permit Amendment to enlarge the display area of his sales lot. He plans to display 60 cars, but is not planning to change his manner of operation. There have been no complaints against the business and the Planning and Zon- ing Board has recommended approval of the request with the stipulation that the additional sales area be blacktopped at the same depth as the original sales area and also have the slope to the drainage swale checked by the Building Inspector. In addition the Planning and Zoning Board had commented that Mr. Kohl be required to keep his display limited to the blacktop area only. Mr. Vernon Moga a neighbor to the car lot told the Council that in his opinion Mr. Kohl's business was a clean operation, not causing any noise or nuisance. Mayor Benson asked if Mr. Kohl had considered purchasing the Speiser -Moga garage at the intersection. Mr. Kohl explained he had considered this, but did not come to terms with the owner. Mr. Bisel moved to close the public hearing at 7:45 P.M. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Bisel moved to accept the application for enlargement of Bob's Auto Ranch display area as stated in the Planning and Zoning application #86 -35 to include the stipulations outlined at the Planning and Zoning Board meeting, no cars parked on grass and screen all non - sellable cars. Mr. Marier seconded the motion. Motion carried unanimously. 7:45 P.M. - PUBLIC HEARING - CONDITIONAL USE PERMIT, DOG KENNEL, JAMES FLANNERY Mr. Kluegel explained that Mr. Flannery is in the process of selling his property to Dr. John Baillie, a veterinarian who owns four dogs. The sale of the property is contingent upon Mr. Flannery obtaining the Kennel License. The application is complete and meets the criteria and requirements of the City Code. The Planning and Zoning Board has recommended approval. Mrs. Anderson read a letter from Mr. John Brennan, 1489 Karth Road who suggested that approving this request would set a precedence. Mrs. Rolstad asked why the new owner did not apply for the license. It was explained that Mr. Flannery is still the owner and only the owner of the land can apply for a Kennel License. Mr. Marier moved to close the public hearing at 7:50 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1 1 1 1 081 COUNCIL MEETING December 22, 1986 Mr. Bohjanen moved to approve the Kennel License for Dr. John Baillie, requested by James Flannery, and it is to be reviewed annually. Mr. Marier seconded the motion. Motion carried unanimously. 8:00 P.M. - PUBLIC HEARING - ESTABLISH A TAX INCREMENT FINANCING DISTRICT Mr. Marier moved to continue the hearing to January 26, 1987, 8:00 P.M. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Hawkins said that legally this does not have to be published again. If there is a change in the material, it should be published again. SECOND READING - ORDINANCE #13-86. CIRCLE PINES GAS FRANCHISE Mr. Schumacher explained the Gas Negotiating Committee met on December 17, 1986 to prepare the final language adjustments. A copy of the franchise was given to the Council on Friday, December 19, 1986. Mr. Schumacher explained the language adjustments. Mayor Benson was con- cerned because the proposed franchise allows Lino Lakes to purchase the Lino Lakes portion of the system at "fair market value" rather than "depreciated value ". The previous franchise had used "depreciated value" and this was one important point stipulated by the Council. Mr. Schumacher explained that the Committee felt if the system was a work- able system, a profitable system for Circle Pines there would be no reason for selling it. Mr. Marier felt this City is protected under the term "fair market value" since an arbitrator would make the de- cision regarding the "fair market value ". Also the Committee felt if Lino Lakes is going to buy the system they should do it now. Mayor Benson said it was his understanding that if the franchise was ex- tended for only five years this City would have the option of buying it at the "depreciated value ". That was the reason for going only five years. In reality, if this franchise is negotiated for five years, this eliminates Lino Lakes' opportunity for going into the gas busi- ness. This forces the City to make a decision now as to whether or not the City will go into the gas business. Mr. Hawkins explained the Negotiating Committee felt that Lino Lakes will never run a gas system because the expense is too great. Therefore, they conceded on the "depreciated value" versus the "fair market value" issue and insisted on other concessions, such as not being obligated to purchase the Lino Lakes portion of the system. The feeling of the Committee was that if Lino Lakes wants the franchise bad enough they will concede on the value issue. Mayor Benson referred to a meeting held with Circle Pines when they agreed to the concept of "depreciated value ". Now Circle Pines has changed the agreement and this compromises the agreements made at this meeting. Mr. Bohjanen noted that what Circle Pines tells you and what you get on paper are two different things. He felt it would be in the best interest of Lino Lakes to sell the Lino Lakes portion of the system to a company who knows how to operate a gas system. Mr. Marier explained that the document before the Council is basically a document approved by the Negotiating Committee. It does not appear to be feasible to operate a Lino Lakes gas sytem. This document would COUNCIL MEETING December 22, 1986 give Lino Lakes five years to determine the profitability of the system if Circle Pines operates it. An arbitrator will determine the Committee has the system in five years. Mr. Marier said that the Negotiating has contacted the other gas utility in Lino Lakes and believes that this gas company would buy the Lino Lakes portion of the Circle Pines gas Company and pay Lino Lakes a franchise fee. However, the Committeecle has negotiated this franchise and feels it would be accepted by Pines. If it is not accepted by Circle Pines, Mr. Marier has told Mayor Dahl he will not negotiate any further. Mayor Benson felt if the second reading of this Ordinance were approved tonight it would be law not just a concept. Mr. Hawkins agreed, however the Council could just refer it to Circle Pines and ask for their approval in writing. Mayor Benson asked what would it take for Lino Lakes to operate its own gas system? What expertise? Is it a viable option? He asked to to hear from our gas consultant regarding these questions. Mr. Reinert moved to table this issue until the Lino Lakes gas consul- tant can come before the Council to explain all the options to the Coun- cil. The motion died for a lack of a second. Mayor Benson asked if the language in this document could be changed to "depreciated value" and the document forwarded to CircleAPines. Mr. Hawkins explained that he, Mr. Schumacher and the City had met with representatives from Circle Pines and pointed out they had agreed to the "depreciated value" language. The Circle Pines repre- sentatives said they were not going to agree to this language. Mr. Marier explained the Lino Lakes Negotiating Committee then met again and changed enough language in the document to insure that Lino Lakes will not ge forced to buy the system. Mr. Bisel asked Mayor Benson why he wanted the consultant to appear before the Council. Mayor Benson explained that since we do have a consultant he should appear before the Council and explain all the options open to Lino Lakes. Mr. Marier and Mr. Hawkins pointed out that the document before the Council tonight should go forward to Circle Pines and not give Circle Pines any further reasons for contend- ing that Lino Lakes has waived any rights under the previous franchise. Mr. Marier moved to forward the document in concept to Circle Pines and request a reply from them within 30 days and continue this public hear- ing Until, January 26, 1987 at 8:30 P.M. and have the consultant attend the next Council Meeting. Mr. Bohjanen seconded the motion. Motion passed with Mayor Benson voting no. 8:15 P.M. PUBLIC HEARING - CONSIDERATION OF THE 1987 OPERATING BUDGET - RESOLUTION #60 -86 Mayor Benson oCouncilthe hadpublic athearing P.M.B.tonight and•discussed Schumacher the explained the Co1 uncil 1 1 1 082 COUNCIL MEETING December 22, 1986 budget. He explained the proposed budget, the priority items not included in the budget and where there b savings from the hel1986 budget. The purpose of this public hearing s to have input in the budget before the Council adopts it. There were no comments from the audience. Mayor Benson gave his personal feelings. He felt the mill rate adop- ted in October was too high. He felt the City could have operated on a tighter budget. There is a question as to what degree ddodoes tthis CCity want to offer services and equipment and what priority continue to add to its surpluses. He felt that this Council went overboard with the 1987 budget. Mr. Marier asked why the fire hall expansion was not included in the priority list. It was his that this that funded the two mill increase. Mr. Schumacher thet and since the fire would department not items on to prioritY the Lino Lakes sire eehartm Lakes fire hall in 1987, it wassfor theaambulancelservibe only make the present building functional and for start up for the fire department. Mr. Marier questioned other priority items that are not now included totaled more than $300,000. They all cannot in the priority list. Maor Benson explained that all the items on the original priority list be funded by the two mill increase. The Council took a five minute recess at 8:45 P.M. priority Mr. Schumacher referred to the October eliminated Minutes timee pMayor items were discussed. Many planning session Benson said this was also discussed at the strategic p earlier this month. Mr. Marier moved to close the public hearing P.M. Mr. Bisel seconded the motion. Motion carri Mr. Marier moved to approve Resolution #60 -86 to include these prioitY items: Remodel fire barn, $7,500; Surface Water Management Plram, 200, 00 One $13,000; two radar units, $2,800; Overlay Sineen additional full time officer, $23,000; 4 wheel drive rescue vehicle, One $13,000 and one ton sander, $2,800. Mr. Bohjanen seconded the motion. Motion carried with Mayor Benson and Mr. Reinert voting no. CITY OF LINO LAKES Resolution No. 60 - 86 COUNCIL MEETING December 22, 1986 RESOLUTION ADOPTING THE 1987 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 resolution setting out all anticipated revenues and expenditures for the upcoming fiscal year. NOW THEREFORE, BE IT RESOLVED: That the following operating budget be adopted for 1987: 1987 BUDGET RECEIPTS: Levy $ 990,000 MSA Road 13,900 State Aid 232,460 City Services 130,000 Police Receipts 125,000 Refunds & Reimbursements 10,000 Federal Revenue Sharing -0- Escrows 6,000 1986 Carry Over 43,350 TOTAL REVENUES $1,550,710 EXPENDITURES: Mayor & Council 22,200 Election & Voters Registration 4,250 Administration 149,160 Assessor 14,816 Legal Printing 2,600 Consultants 100,000 Planning & Zoning Board 1,390 Government Buildings 114,890 Charter Commission 200 Police Department 392,330 Fire Department 107,000 Building Inspections 47,300 Civil Defense 15,020 Animal Control 4,625 Public Works Department 393,280 Weed Inspections 275 Park Department 93,975 Forestry 2,590 Park Board Members 1,100 Reserve for Salary Adjustment 15,000 Reserve for Certificate of Indebtedness 42,000 Addition to Surplus 26,709 TOTAL EXPENDITURES $1,550,710 COUNCIL MEETING December 22, 1986 RESOLUTION No. 60 - 86 1 1 Page -2- Adopted by the Lino Lakes City Council this 22nd day of December, 1986. Marilyn G. Anderson, Clerk - Treasurer 083 PLANNING & ZONING REPORT A. Minor Subdivision - Ken Hardwick - Mr. Kluegel explained that Mr. Hardwick is requesting that he be allowed to subdivide ten acres with the buildings from the balance of his property at 7933 - 24th Avenue. He plans to sell the remaining acreage. The request meets all of the requirements approval the the Planning and Zoning Board recommended Mr. Marier moved to approve the subdivision request of Planning and Zoning application #86 -40. Mr. Bohjanen seconded the motion. Motion carried unanimously. Conditional Use Permit - EMJ Pipe Services - Exterior Storage Screen- ing - Set Public Hearing hearing January noted above.7Mr.pBMselMr. Bohjanen seconded moved to set the p the motion. Motion carried unanimously. Preliminary Plat and Rezone - Gary Uhde, South Reshanau Shores - Set Public Hearing for January noted above. Mr. Bohjanen seconded the 8•oOP sv to set the public hearing motion. Motion carried unanimously. Preliminary Plat and Rezone - .Dennis Erickson, 2nd Addition - Set Public Hearing for January 12, 1987, 8:30 P.M. Mr. Bisel moved to set the public hearing as noted above. Mr. Bohjanen seconded the motion. Motion carried unanimously. COUNCIL MEETING December 22, 1986 First Reading - Ordinance #16 -86, Glare Nuisance. Mr. Kluegel ex- plained this ordinance evolved out of a complaint of a City resident and the Planning and Zoning Board has recommended its approval. Hawkins explained that the ordinance is written in such a manner that it would be difficult to enforce. He suggested that the ordinance contain language that would more definitely define glare. There were suggestions that Mr. Kluegel contact PCA and find out if they r standards to use as a guide. Mr. Bisel moved to table this ordinance until Mr. Kluegel checks with other communities and determine their guidelines and until Mr. Hawkins can check State Statutes on this matter. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mrs. Ray from the audience asked what can be done to alleviate the situation in her area. Mayor Benson said that the Council cannot pass an ordinance that will not help or hurt her situation. Thiscon- ordinance is unenforceable. Mr. Hawkins suggested tact her own attorney to determine what remedies are available to her. She asked if there was anything that says she cannot shine a brighter light at her neighbor? Mr. Hawkins said this would not solve the problem. ROSS' LIQUORS, SITE AND BUILDING REVIEW First Reading - Ordinance #15 -86, Set Back From Residential District - Mr. Schumacher explained that the Planning and Zoning Board did review Mr. Ross' plans but did not take any action because the plan did not meet set back requirements. Ordinance #15 -86 also does not meet all set back needs. Therefore, he has met with the City Planner and they have drafted three ordinances; #17 -86 adding Central Business (CB) District to the District Classification; #18 -86, Amending Parking Lo- cation Requirements and #19 -86 Adding General Parking Provisions to the Zoning zOrdinance. These ordinances would require a public hearing. Mr. Bisel moved to set a public hearing for 8:45 P.M., January 21, 1987 for Ordinance #17 -86, #18 -86, #19 -86 and write them under one ordinance. Mr. Bohjanen seconded the motion. Motion passed unanimously. Mr. Marier moved to table agenda items 13B and C. Mr. Bohjanen secon- ded the motion. Motion passed unanimously. ENGINEERS'S REPORT - RON STAHLBERG Mr. Stahlberg referred to an aerial map with the Erickson and Uhde plats outlined. He told the Council he is currently determining what effect these two plats will have on the surrounding areas. ATTORNEY'S REPORT - BILL HAWKINS 1 Mr. Hawkins did not have a report. 1 1 084 COUNCIL MEETING December 22, 1986 OLD BUSINESS Discussion of Annual Appointments - Mr. Bisel has made some observa- tions while attending Planning and Zoning Board Meetings this past year and has prepared some written comments. Mayor Benson felt that there is no need for Council liasons and asked that the Council be given copies of all agendas for all Boards and Commissions and suggested that any Council member should attend what- ever meeting they felt necessary. He asked for comments from other Council members. Mr. Reinert agreed and suggested that the Vadnais Heights Water Management Board and RCWD could best be handled by staff. Mr. Bisel suggested restructuring the Ways and Means Committee adding possibly the entire Council acting as Ways and Means. Mr. Bi- sel also suggested that communications with the Boards and Committes be improved. Mayor Benson suggested that instead of a Council member attending Board Meetings, a staff member could attend and be respon- sible for everything being in place. Mr. Bisel suggested the Plan- ning and Zoning Board meet twice a month if necessary. Mr. Schumacher explained how the process for the Planning and Zoning Board has been changed. The applicant must submit his material by a specified date and then the applicant meets with the staff and plan- ner before anything is sent to the Board members. Mayor Benson felt everything should be screened by the Administrator before it is sent out. Mr. Schumacher explained Mr. Kluegel collects all materials and then goes over everything with Mr. Schumacher before it is sent out. Mr. Marier asked that in the next Council packet, Mr. Schumacher send out the current procedure for Planning and Zoning and have it overlayed with Mr. Bisel's suggestions. Resolution #59 -86, Transferrring Federal Revenue Sharing Funds - Mr. Marier moved to adopt Resolution #59 -86 and waive the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. CITY OF LINO LAKES STATE OF MINNESOTA COUNTY OF ANOKA Resolution No. 59 - 86 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FEDERAL REVENUE SHARING FUNDS WHEREAS, There exists a balance of $39,846.01 in the Federal Revenue Sharing Fund Account, and COUNCIL MEETING December 22, 1986 WHEREAS, 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 $39,846.01 to be transferred to the General Fund. Passed by the City Council this 22nd day of December, 1986. :enja i :enson, Mayor Marilyn G. Anderson, Clerk- Treasurer Registration of James Flannery - Mayor Benson has received a letter of resignation from the Park Board from Mr. Flannery. He asked that a letter of thanks be written to Mr. Flannery. Mr. Bisel moved to adjourn at 10:08 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered and approved at a regular council meeting on January 12 1987 1