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HomeMy WebLinkAbout10/13/1987 Council Minutes048 Council Meeting October 13, 1987 The regular meeting of the Lino Lakes City Council was called to order by Acting Mayor Vern Reinert at 7:00 P.M. Council members present: Bisel, Bohjanen, Marier. Mayor Benson arrived at 7:06 P.M. Mr. John Burke of Burke and Hawkins; Engineer, Ron Stahlberg; Buildling Inspector, Pete Kluegel; and Administrative Assistant, Daniel Tesch were also present. AGENDA # 2. CONSIDERATION AND APPROVAL OF MINUTES, Regular Session, September 28, 1987 - Mr. Bohjanen moved to approve these minutes as presented. Mr. Bisel seconded the motion. A correction was noted under the Engineer's Report where the Mayor voted no to table the motion. Motion carried with Mr. Marier abstaining. Budget Session, September 21, 1987 - Mr. Marier moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. Budget Session, September 28, 1987 - Mr. Bisel moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried with Mr. Marier abstaining. AGENDA # 3. CONSIDERATION AND APPROVAL OF DISBURSEMENTS Mr. Marier moved to approve the September 30, 1987 Disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously Mr. Bisel moved to approve the October 13, 1987 Disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. AGENDA # 4. OPEN MIKE No one appeared under Open Mike. AGENDA # 5. NORTH CENTRAL SUBURBAN CABLE COMMUNICATIONS COMMISSION 1988 BUDGET. MIKE CUSICK ADMINISTRATOR Mr. Mike Cusick, Administrator of the North Central Suburban Communications Commission appeared before the City Council to present the 1988 Commission Budget. He stated that the 1988 budget was essentially the same as last year with one exception, that being an increase to $45,000.00 in the 1988 Budget under -1- 1 1 1 municipal access. It was the Cable Commission's decision to purchase all the video access equipment for all the cities (that were interested) in the franchise group in 1988. These dollars were ear - marked in the budget for government access. Mr. Cusick stated that a list of all the equipment to be purchased was included in their packet information. He also stated that Lino's portion of the franchise fee was 4.3% or $1,935.00 Mayor Benson asked Mr. Cusick how the new management was working out at Cable T.V. North Central. Mr. Cusick replied that Mr. Houser is probably a better businessman than the past owner, and is making improvements in the base offerings. Councilman Marier questioned Mr. Cusick about the figures on page 3 not coming out to the proposed $170,329.00. Mr. Cusick explained that the figures on page 1 should also be included in the final figure. Mayor Benson added up the totals and concurred that they did infact amount to $170,329.00. Mr. Marier asked why Lino Lakes' portion of the subscribers has not increased more than it probably should have. Mr. Cusick stated that while Lino population is increasing, we still do not meet the density requirements for penetration in some areas of the City. Mr. Cusick stated that any forcasts on subscribers depends on residential growth. Mayor Benson thanked Mr. Cusick for appearing before the Council. AGENDA # 6. DISCUSSION OF FIRE ARMS ORDINANCE AND EXISTING CONCERNS - DEAN CAMPBELL Chief Campbell began by stating that a petition was received at City Hall regarding hunting and firearms in Lino Lakes. Mr. Reinert ask Chief Campbell what his opinion on our present fire arms ordinance was. Chief Campbell stated that he felt it was a good document and addressed all the relevant concerns, however, the time may be coming when we reevaluate the actual areas of the City that hunting applies. Councilman Reinert asked if he thought we should begin to limit the areas of the city where firearms are legal. Mr. Campbell said yes, due to increase growth in the City, this should be readdressed. Mayor Benson questioned where specifically he would limit this activity. Possibly along Hodgson Road and Birch Street. A member of the public stated that he felt the reason this was being addressed was due to the publicity surrounding the goose hunt. Chief Campbell replied that we have had few incidents during the duck season thus far. In further questioning it was determined that while the DNR and the Federal Government control the hunting seasons, the City has -2- 050 the power to say where hunting can take place within our boundaries. A motion was made by Mr. Marier, and seconded by Mr. Bohjanen that an informational meeting be set some time in the future (not a Council meeting night) to examine this issue. The motion passed unanimously. Mayor Benson, after discussion with Chief Campbell, felt this meeting should take place in December or January. This would give staff time to put together statistics, contact other agencies such as the DNR and County, and get the word out to the public. AGENDA # 7. CLERK'S REPORT ( DUE TO A GRASS FIRE, MRS. ANDERSON WAS UNABLE TO ATTEND) A. CONSIDERATION OF APPROVAL OF LIQUOR LICENSE FOR "MY PLACE ON THE LAKE" (FORMERLY FRANKIES ON THE LAKE) Mr. Michael Kostick, the proposed owner of My Place on the Lake was present and stated his intentions for the property, that being to add windows to the front and back, add a grill, paint the building, and just generally clean the place up. Mayor Benson asked Mr. Kostick if he planned on hiring a resident manager per the ordinance. Mr. Kosick answered that he would. The Mayor wanted to emphasize this point as he feels that the lack of a resident manager in the past has led to the problems associated with that property. Chief Campbell was asked if he had checked out Mr Kostick's other facility in North East Minneapolis. Mr. Campbell stated that he had checked with the Minneapolis police department, and that there were no problems associated with his establishment. Councilman Reinert asked Mr. Kostick if he planned to cater to the same clientel as those before him. Mr. Kostick said no, that he hoped that with the improvements he has planned, that element would not be attracted. Councilman Bohjanen brought up the issue of dumping on the property. Mr. Kostick thought that was done illegally and he would not dump materials in the back of the property. Councilman Reinert moved to approve the Liquor License contingent upon the following items: That the City receive the proper fee, insurance certificate, bond and certificate of payment of delinquent property taxes, as well as follow the Ordinance which applies to this matter specifically the issue of a resident manager. Motion carried. # 7 B. RESOLUTION 62 - 87 ADOPTING ASSESSMENT FOR WEBER'S -3- 1 1 1 1 ADDITION. A motion was made by Mr. Marier and seconded by Mr. Bohjanen that the Council adopt Resolution 62 - 87 which will levy the assessments on certain lots in Weber's Addition. Mayor Benson requested that Mr. Tesch read the Resolution. It read as follows: City of Lino Lakes Resolution 62 - 87 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT OF CERTAIN LOTS IN WEBER'S ADDITION WHEREAS, Norbert A. Weber and Virginia Weber entered into a Developers Agreement with the City of Lino Lakes which outlined the procedure for payment of assessments for the installation of improvements in Weber's Addition, and WHEREAS, there has been a default in the payment of assessments by Norbert A. Weber and Virginia Weber for Lots One (1) and Two (2), Weber's Addition, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY OF LINO LAKES, MINNESOTA: 1. The City Clerk shall be instructed to enforce the provisions of the Developers Agreement and levy the entire assessment on Lots One (1) and Two (2), Weber's Addition in the following manner: Lot 1, Weber's Addition $6,013.93 PIN 29- 31 -22 -34 -0081 Lot 2, Weber's Addition $6,013.98 PIN 29- 31 -22 -34 -0083 2. The Clerk shall transmit a certified copy of this Resolution to the County Auditor so that the assessments will be extended on the property tax of Lots One (1) and Two (2), Weber's Addition and shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council of the City of Lino Lakes this 13th day of October, 1987. Benjam , Mayor -4- 051 Marilyn G. Anderson, Clerk- Treasurer The Council also requested that Mr. Weber be informed of the action they are taking this evening. # 7 C. NOTIFICATION OF 1987 DELIQUENT PROPERTIES Mayor Benson asked Engineer Stahlberg whether he would recommend the City pursuing the option of picking up these tax forfeit lots. He said yes. Mayor Benson asked if they were buildable. Mr. Stahlberg said he didn't know why they wouldn't be. A motion was made by Mr. Reinert and seconded by Mr. Bohjanen instructing the City Clerk to follow through and make application for the 3 lots on Partridge Place. Motion carried unanimously. AGENDA # 8. RESOLUTION 63 - 87 ADOPTING THE ROLE OF THE ECONOMIC DEVELOPMENT COMMITTEE Mayor Benson asked Councilman Bisel that as long as he was a member of this committee, he could explain this resolution. Mr. Bisel went on to state, that the Economomic Development Committee (EDC) was a very enthusiastic group that has some very good ideas with regards to development in the city. He continued that this group is looking for recognition from the Council with regards to it's function and responsibility. Arnie Kelling, another member of the Committee was in the audience and stated that the EDC is hard working group and is looking forward to making real progress in the economic development area. Mayor Benson requested that Mr.Tesch read Resolution 63 -87. Resolution No. 63 - 87 State of Minnesota County of Anoka City of Lino Lakes A RESOLUTION AFFIRMING THE DUTIES AND RESPONSIBILITIES OF THE LINO LAKES ECONOMIC DEVELOPMENT COMMITTEE WHEREAS, The Lino Lakes City Council has deemed Economic Development to be a goal of this community in as much as it will 1 1 1 1 provide services for it's growing population and increase the tax base for residents, and WHEREAS, The Lino Lakes City Council has appointed individuals to the Economic Development Committee in an effort to precipitate economic development for the aforementioned reasons, and WHEREAS, The Economic Development Committee is in the early stages of preparing an Economic Development document which will facilitate desired development in the community, and WHEREAS, The Economic Development Committee desires the full backing and authority from the City Council to develop this plan in conjunction with the Council's goals for the City, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that the following definition of the Economic Development Committee be adopted: The Lino Lakes Economic Development Committee is an independent, Council appointed body, that will make recommendations on economic development to the City Council. This body will set goals and objectives, devise a work plan, revise it when necessary, and take direction from the Council. This committee will give regular reports to the City Council, and hold public meetings once a strategic plan has been developed and accepted. The Lino Lakes Economic Development Committee will make it an objective to bring people in during the goal setting process for local input. It will be our goal to involve as many groups and individuals as possible in order to develop a widely accepted and positive plan. Adopted this '3,r-11- day of C(15-- n -LF L' -2/ 1987. Marily Anderson, Clerk /Treasurer A motion to adopt Resolution 63 - 87 was made Councilman Bohjanen, and seconded by Councilman Marier. Motion carried unanimously. -6- 053 Q54 AGENDA # 9. PLANNING AND ZONING REPORT - PETE KLUEGEL A. CONSIDERATION OF DON NELSON CONDITIONAL USE PERMIT APPLICATION. Mr. Kluegel gave an introduction on the background of this project. He stated that Mr. Nelson (6941 LaMotte Drive) was applying for a Conditional Use Permit for Land Reclamation. Mr. Kluegel summarized Mr. Stahlberg's memo dated August 3, 1987 in which 4 issues were lised. They are as follows: 1. The basement floor will be set at an elevation of 887 (one foot above the projected 100 -year lake level). 2. The yard is to be graded and the basement backfilled prior to construction of the main floor. Drainage patterns are to be in accordance with the drawings previously submitted by the builder and drainage is not to be diverted to the neighbor's property. 3. Any existing trees, retaining walls or other improvements located on the adjacent lots are not to be damaged by the proposed construction of 6941 LaMotte Drive. 4. A letter of credit in the amount of $1,500.00 will be required to assure compliance with the above provisions. Mr. Kluegel added that Mr. Nelson would like to amend these provisions to add that the City Inspector and City Engineer closely follow and inspect this project in order to insure compliance. Mayor Benson asked Mr. Stahlberg if the problems of drainage that has been an issue with this property has been resolved. Mr. Stahlberg stated that a swail will be installed that should take care of the problem. Councilman Marier stated that he was under the assumption that this issue had been resolved after a meeting that took place between Don Volk, Randy Schumacher, Ron Stahlberg, himself, and Mr. Nelson. (that being that the house would be at the same level as his neighbors. Mr Marier continued to voice his concern that he felt if the Council approved this CUP, that they would be creating problems in the future for the City and for Mr.Nelson's neighbors. He did not feel that a swail would provide for adequate drainage. Mr. Marier did not feel that Mr. Nelson has showed himself to be very reliable in the past and was reluctant to believe that he could be relied upon to complete his responsibilities to his neighbors. Councilman Reinert asked Mr. Stahlberg whether or not this plan as it was laid out would work. Mr. Stahlberg said yes he believed so. Mr Stahlberg went on to say that the swail will cause the water to flow to the back of the property and the street. He said 1 1 1 that he has worked with Mr. Nelson to lower the property to the point where his driveway's steepness grade is in line with our ordinance. Mr. Reinert said that if Mr. Nelson has complied with all of our requirements, that the Council would have to approve his conditional use permit. Mayor Benson stated that his major concern was that this issue is resolved to everyone agreement, that being the City, Mr. Nelson, and his neighbors. Mr. Nelson's attorney stated that they are, and have been willing to work with the City to resolve this issue. Mayor Benson, and Councilman Reinert asked Councilman Marier what his recommendations would be to resolve this situation. Mr. Marier stated that he would like to see the level of the lot lowered. Mr. Nelson's attorney said that they were unable to lower the level of the lot a foot as then they would be in the 100 year flood plain, and would be unable to build. Mayor Benson felt that the Council had discussed this item to its fullest extent and called for action on this issue. Councilman Marier moved that the conditional use permit reflect stringent guidelines to ensure the rights of all parties involved. The motion went on to state that the site be prepared with the swail and all other safeguards as stated by the conditional use permit, and that before construction begin, the site be inspected by the city engineer and city building official. Mr. Marier also requested that the neighbors be informed as to this action. The motion was seconded by Councilman Bohjanen. Motion carried. AGENDA #9 B. SAMPAIR UPDATE Mr. Kluegel informed the Council that Mr. Sampair had distributed the wood chips, but he had not yet chisled plowed them under yet. He was told by Mr. Sampair that this would be done this week. The Mayor thanked Mr. Kluegel for his update, and requested that he update them again, once the chips had been plowed under. AGENDA #10. ATTORNEY'S REPORT Mr. Burke stated that there was nothing under the attorney's report. AGENDA # 11. ENGINEER'S REPORT - RON STAHLBERG -8- 056 A. CIRCLE PINES WATER JOINT POWERS AGREEMENT Mayor Benson questioned Mr. Stahlberg with regards to the issue of depreciation. Mr. Stahlberg stated that he had checked with Mr. Keinath, Circle Pines Administrator, and that the figure represented depreciation based on $400,000.00, straight line over 50 years. This would account for the $8,000.00 Mr. Marier asked if everything that could be negotiated for, had been negotiated for. Mr. Stahlberg said that there was no more room for maneuvering. Mr. Marier moved to approve the Joint Powers Agreement with Circle Pines. Mr. Bohjanen seconded, motion passed unanimously. Agenda # 12. RESOLUTION 60 - 87 RECOGNIZING THE CENTENNIAL SENIOR HIGH SCHOOL AS A NATIONAL SCHOOL OF EXCELLENCE As Mr. Bisel is himself as educator, Mayor Benson requested that he read the following Resolution 60 -87. Resolution No. 60 - 87 State of Minnesota County of Anoka City of Lino Lakes RESOLUTION CONGRATULATING THE CENTENNIAL SENIOR HIGH SCHOOL. FOR IT'S DESIGNATION AS A NATIONAL SCHOOL OF EXCELLENCE WHEREAS, The Centennial Senior High School has just been honored with the designation as a National School of Excellence by the President of the United States, and the Department of Education, and WHEREAS, This designation has had a positive and noteworthy affect on the School District, and the Community as a whole, and WHEREAS, The Lino Lakes City Council feels it is necessary and proper to congratulate and encourage the faculty, staff, and students of the Centennial Senior High School for the committment to excellence, and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lino Lakes the following: 1. That the Mayor and City Council of the City of Lino Lakes authorize city staff to draft a congratulatory letter to the Centennial Senior High School. -9- 057 2. That a formal resolution be adopted proclaiming our pride, and recognizing the Centennial Senior High School as a National School of Excellence. 3. That a plaque be ordered, and presented to the Centennial School District on October 19th, 1987 at their recognition ceremony. Adopted this 4/ Day of 1987. 1 enjami Marilyn G. Anderson, Clerk /Treasurer . Benson, Mayor Councilman Bisel stated that the Council was very proud of this accomplishment, and it would be quite a selling point for the community in the future. Mr. Bisel then moved that the Council adopt Resolution 60 - 87. This was seconded by Mr. Marier, the motion passed unanimously. AGENDA # 13. NEW BUSINESS Under new business, Mr. Bohjanen brought up the fact that he had been approached by some residents concerning traffic issues. The first was at Arrowhead Drive and Totem Trail, that a stop sign be erected. Secondly, the a street light be placed at Arrowhead Drive and Ware Road. Councilman Bohjanen then made a motion that Mr.Volk look into these requests. The motion was seconded by Mr. Marier. Motion passed. Mayor Benson added that Mr. Volk has a plan for these items that he follows. AGENDA # 14. OLD BUSINESS A. BARROT DRAINAGE Mr. Stahlberg stated that he has contacted the individuals involved, and this issue will soon be taken care of. Also brought up under old business was the proposed ampitheater in Blaine. Mr. Czech from the Blaine City Council was present to discuss this item. Mr. Czech began by apologizing to Mayor Benson -10- 058 for his treatment at the Blaine Council meeting last week at which time Mr. Benson was commenting on the Ampitheatre. Mr. Czech stated that he would be doing what he could as a new member to the City Council to stop or relocate this facility. Mr. Reinert commented that he was disappointed with Blaine's attitude towards it surrounding communities. He felt that Lino Lakes and Blaine had always had a good working relationship in the past. Councilmen Bisel and Marier reiterated Mr. Reinerts assertion that there has been a change of attitude. It was the concensus of the Council that while they are in favor of development, they felt that Blaine could have had more consideration for it's neighbors in this respect. Mr. Bisel stated that cooperation is essential for neighboring communities. Mr. Czech agreed. Mayor Benson said he was concerned with a number of items that have not been brought up by Blaine, such as the burden that will be placed on the police , ambulance, fire etc... He then felt it was necessary that we reaffirm our resolution requesting an EAW for that project. Mayor Benson also stated that he had received a call from Metro Council Chairman Steve Keefe requesting his input on this topic. Councilman Reinert moved that the Council reaffirm Resolution #47 - 87 and send it back to Metro Council. Second by Councilman Marier, the motion passed unanimously. The Council thanked Mr Czech for appearing tonight. AGENDA # 15. ADJOURNMENT A motion was made for adjournment by Mr. Bisel, and seconded by Bohjanen. Motion carried unanimously These minutes were considered and approved at a regular council meeting on October 26, 1987. MAIL G. ANDERSON Clerk - Treasurer MP, 409 af 4114111111‘00... - :E dAMIN ' BENSON yor