HomeMy WebLinkAbout05/09/1988 Council Minutes (2)1
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COUNCIL MEETING MAY 9, 1988
The regular meeting of the Lino Lakes City Council was
called to order by Mayor Benson at 7:10 P.M., May 9, 1988.
Newly elected Councilman, Andy Neal was sworn in by City
Attorney, Bill Hawkins. Council Members present: Bisel,
Bohjanen, Reinert. Council Members absent: none. City
Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Building
Inspector, Pete Kluegel; Administrator, Randy Schumacher and
Clerk - Treasurer, Marilyn Anderson were also present.
CONSIDERATION AND APPROVAL OF MINUTES
Regular Council Meeting, April 25, 1988 - Mr. Bisel moved to
approve these minutes as presented. Mr. Bohjanen seconded
the motion. Motion carried with Mr. Neal abstaining.
Election Canvass Board, April 27, 1988 - Mr. Bohjanen moved
to approve these minutes as approved. Mr. Bisel seconded
the motion. Motion carried with Mr. Neal abstaining.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
April 29, 1988 - Mr. Bisel moved to approve these
disbursements as presented. Mr. Reinert seconded the
motion. Motion carried unanimously.
May 9, 1988 - Mr. Reinert moved to approve these
disbursements as presented. Mr. Bisel seconded the motion.
Motion carried unanimously.
OPEN MIKE
There was no one to speak under Open Mike.
SECOND READING, ORDINANCE NO. 03 - 88, TEMPORARY TRUCK
PARKING IN RESIDENTIAL AREAS
Mr. Bisel moved the adoption of Ordinance No. 03 - 88 and
delete Item No. 6. Mr. Bohjanen seconded the motion.
Robert Cordell, 8380 Lake Drive - Mr. Cordell owns a truck
and lives on a forty acre parcel of land. He expressed
concern with Item No. 1, the unit shall not be parked for
more than 72 hours within a seven day period. If this
ordinance is passed he will not be able to keep his trucks
on his property because he brings them home every night. He
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felt there should be some provision for residents who earn
their livelihood from trucking. He also explained that his
property was zoned commercial when he purchased his trucks
and later it was rezoned to residential. He asked what this
new ordinance is expected to achieve.
Mayor Benson asked Mr. Kluegel how the proposed ordinance
affects Mr. Cordell. Mr. Kluegel explained that Mr. Cordell
is grandfathered and the new ordinance will not affect him
other than he cannot intensify his use. He explained that
if he was not grandfathered, the current ordinance would not
allow him to keep trucks on his property under any
circumstances. Mr. Cordell said he was also concerned for
other residents in Lino Lakes who own trucks. Mayor Benson
explained that the current ordinance does not allow any
truck parking in residential areas for any reason. The
proposed ordinance would allow limited parking and is an
attempt to help the over the road tractor trailer truckers
who want to keep their trucks on their property when they
are home on a layover. It is also an attempt to not
encourage any further truck parking. This ordinance does
not address dump trucks, just tractor trailer trucks.
Jack Hirsch, 495 Ash Street - Mr. Hirsch owns several dump
trucks and his property is located in the rural zone. He
asked how this ordinance affects his property. Mr. Kluegel
explained that he is not grandfathered in and the proposed
ordinance does not address dump trucks. Mr. Hirsch's
property falls under the current ordinance which does not
allow for the parking of any vehicle over 11,075 pounds.
Mayor Benson noted if his trucks are not a problem the
Building Inspector was not to pursue the matter and asked if
there has been any complaints. Mr. Kluegel said no,
however, he had noted the presence of dump trucks on the
property and did issue a citation. Mr. Hirsch said he has
not heard any complaints about his trucks.
Mr. Bohjanen asked Mr. Kluegel about the complaints he
receives. Mr. Kluegel explained that most of the complaints
involve problems with noise and aesthetics.
Randy Davis, 1152 Main Street - Mr. Davis explained that he
would not be able to meet the restrictions in the proposed
ordinance. He noted his vehicle meets federal standards for
noise level and noted that his property is located next to
commercial property. Mr. Davis was referring to the four
plex which is currently zoned residential. Mr. Kluegel
explained that this ordinance would prohibit Mr. Davis from
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COUNCIL MEETING MAY 9, 1988
keeping his truck at home as the present ordinance does.
Mr. Davis also would not qualify as grandfathered. Mr.
Davis asked why the ordinance sets 11,0 75 pounds as the cut
off point. He explained that many pickup trucks and
recreational vehicles weigh more than this. Mr. Kluegel
explained that this was a carryover from previous
ordinances.
Mr. Bisel explained that the City currently has an ordinance
on the books that prohibits the parking of any truck over
11,0 75 pounds in residential. The intent of this ordinance
was to allow some tractor truck over the road operators to
keep their trucks at home when they are there on a layover.
It addresses eighteen wheelers only, not dump trucks. Mr.
Cordell asked what happens to those residents who are home
every night. Mr. Bisel said the amendment could be thrown
out and just enforce the current ordinance. However that
would put some people out of business. Mr. Cordell said the
current ordinance was not enforceable and the Council agreed
to handle problems on a complaint basis. Mr. Cordell also
said that most truckers did not find out about this
amendment until about two weeks ago. Mr. Davis was
concerned because there has been no complaints and said he
could not see where he was in violation. He said he paid
*50,000 for his truck and did not see why he could not park
it on his property. He said he moved here because of the
rural setting. Mr. Reinert asked Mr. Davis what he thought
the Council should do about this problem. Mr. Davis said he
could see the problem and Mr. Cordell said that they were
asking for more leniency. He suggested that those who are
home every night should get a petition signed by their
neighbors and then Mr. Kluegel could issue a, permit. Mr.
Bisel said that this would be passing the responsibility
from the Council to the neighbors. Mr. Cordell suggested
that items No. 1 and No. 5 be eliminated from the proposed
ordinance.
Mayor Benson said he also had a problem with item No. 1 in
the ordinance and he had an additional concern for the
person with more than one truck on substantial acreage. He
suggested that another method of dealing with item No. 5 be
found that will not intensify the amount of trucks in the
City. Mr. Cordell asked that this ordinance be tabled and
then have the Council sit down with the truck owners and
prepare a workable solution.
Mr. Bisel explained that the purpose of the ordinance was to
eliminate the situation where tractor trailers were being
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used for advertising purposes and for storage purposes. He
withdrew his motion and Mr. Bohjanen withdrew his second.
Mr. Bisel moved to table Ordinance No. 03 -88. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
Mr. Bisel moved to form a committee of at least four people
to meet with the City Planner and Building Inspector to
prepare a recommendation to the Council by the first meeting
in July, 1988. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
CONSIDERATION OF A REQUEST FROM THE SENIOR CENTER FOR
COORDINATOR SALARY ADJUSTMENT
Mr. Bob Gates, representative for the Lino Lakes Seniors
explained that Margaret (Peg) Smith has been the senior
coordinator for four years and has put in a lot of time and
effort for the seniors which is greatly appreciated. He
noted that she has not had a raise in pay in four years and
the seniors are requesting a 25 cents an hour for every year
that Peg has been coordinator.
Mr. Schumacher explained that the senior coordinator is
funded through Community Development Block Grant (CDGB)
funds and the current allocation runs through June. He felt
the affect would be about $800.00 per year. The resolution
dealing with CDGB funds would have to be redrafted but did
not feel this would be a problem.
Mr. Neal moved to approve the $1.25 per hour increase for
the senior coordinator effective June 1, 1988. Mr. Bisel
seconded the motion. Motion carried unanimously.
UBLIC HEARING PRELIMINARY PLAT LAKES ADDITION NO.
Mayor Benson opened the public hearing at 7 :53 P.M. Mr.
Stahlberg explained that the preliminary plat is for six
lots all fronting on Bieck. Duck Drive. This is a replat of
a portion of Lakes Addition No. 7 and the balance will be
replatted into Lakes Addition No. 9. Mr. Stahlberg
explained that the City provided sewer stubs to the lots and
the contractor will have to provide water hookups from the
east side of Black Duck Drive. He also noted that the stub
street called Reshanau Lane will not be blacktopped until
sewer and water utilities are installed on that street.
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Mayor Benson noted that there has been long standing
drainage problems in this area. Mr. Stahlberg explained
that the RCWD permit for this area is probably obsolete and
will need to be renewed. There are also plugged culverts
under Black Duck Drive. These and other drainage problems
will be addressed in the plat of Lakes Addition No. 9.
There was a question regarding who will ultimately own
Outlot A. This also will be addressed in Lakes Addition
No. 9. Mayor Benson asked if the lots bordering Reshanau
Lane meet set back requirements. Mr. Stahlberg said yes,
but may have a problem concerning the location of utilities.
Mayor Benson asked if the county has reviewed this plat
especially the lot that could have access off of Birch
Street. Mr. Stahlberg said that Anoka County probably has
not seen the plat however, the access to this lot will
probably be off of Black Duck Drive.
Roy Reed, 6626 Black Duck Drive - Mr. Reed said he was
notified of the proposed plat but has not seen any drawings
of what is proposed. He asked for an opportunity to review
the drawings.
A gentleman from the audience noted that with the building
of Lakes Addition No. 8 there will be a lot of homes off of
Black Duck Drive with only one way into the area. Mayor
Benson explained that when Reshanau Lane is completed there
will be two accesses to Birch Street.
Mr. Bisel moved to close the public hearing at 8:05 P.M.
Mr. Bohjanen seconded the motion. Motion carried
unanimously.
Mr. Bisel referred to the City Planners letter of October 7,
1987 which contained seven issues. One of the issues
relates to who will own outlot A. Mr. Stahlberg explained
that in the replat, most of the outlot will be platted in
the lots and the City will retain the drainage easement.
Mr. Bisel moved to approve Planning and Zoning application
No. 87 - 27 with the recommendations of the City Engineer
and City Planner as stated in their letters. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
Mr. Blackbird of El Rehbein & Son asked if the platted
Reshanau Lane has been vacated. It was explained that it
has not been vacated and will have to be before the final
plat of Lakes Addition No. 8 can be accepted by the City
Council.
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COUNCIL MEETING MAY 9, 1988
PUBLIC HEARING, SEWER AND WATER RATE STUDY, FIRST READING OF
ORDINANCE NO. 04 - 88
Mayor Benson opened the public hearing at 8:10 P.M.
Mr. Schumacher explained the purpose of this hearing is
procedural and required by the City Charter. Currently the
Charter requires that sewer and water rates be adjusted by
resolution. However, the City Code requires that rates be
adjusted by ordinance. The proposed ordinance will only
bring the Code into conformity with the Charter. When the
ordinance is approved a resolution will be introduced
adjusting the rates.
Mayor Benson asked if there was anyone who wished to speak
at this public hearing.
Mrs. Imholte, 1005 Lantern Lane asked if her rates were
increased, would she get better service. She explained that
she cannot wash diapers because they get too brown and she
has poor water pressure. Mayor Benson suggested that she
contact the Public Works Director and have him check her
concerns and monitor her water. Mr. Stahlberg explained
that the pressure should be better since there will be two
wells servicing the area as well as a temporary connection
to the Circle Pines Water tower.-
Al Ross, Lino Lakes Representative to the Circle Pines
Utility Commission - Mr. Ross explained that soon Circle
Pines will be conducting a referendum for a new filtration
plat. He felt this will take care of some of Lino Lakes
problems.
Mr. Reinert explained that the main reason that the Council
is considering a utility rate increase is that the system
has been losing money for some time. This is an attempt to
make the system break even. Mayor Benson noted that it has
been several years since the rates were adjusted.
Mr. Bisel moved to close the public hearing at 8;17 P.M.
Mr. Reinert seconded the motion. Motion carried
unanimously.
Mr. Bisel moved to approve the first reading of Ordinance
No. 04 - 88. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
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CITY OF LINO LAKES
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050
COUNCIL MEETING MAY 9, 1988
ANOKA COUNTY
MINNESOTA
Ordinance No. 04 - 88
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ALLOWING
THE CITY COUNCIL TO ESTABLISH SEWER AND WATER RATES BY
RESOLUTION.
The City Council of the City of Lino Lakes ordains as
follows:
Section 1. Section 401.26, Subd. 1 shall be amended to read
as follows:
Subdivision 1. Rates. The rate due and payable by
user within the City for water taken from the water
system shall be established by City Council resolution.
Section 2. Section 402.14, Subd. 1 shall be amended to read
as follows:
Subdivision 1. Charges. Notwithstanding anything to
the contrary in this ordinance, all charges for sewer
service within the City of Lino Lakes shall be estab-
lished by City Council resolution.
Section 3. Effective Date. This ordinance shall be
effective from and after its passage and publication as
provided by the Lino Lakes City Charter.
Passed this day of , 1988 by the Lino Lakes
City Council.
a01 G. Anderson, Clerk- Treasurer
PLANNING AND ZONING BOARD REPORT
Set Public Hearing for Sunrise Meadows Plat for June 13,
1988 at 7:45 P.M. - Mr. Reinert moved to set the public
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hearing as stated. Mr. Bohjanen seconded the motion.
Motion carried unanimously.
ENGINEER'S REPORT - RON STAHLBERG
Anoka County Five Year Construction Program - Mr. Stahlberg
explained that Anoka County is asking for municipal input
into the County's five year construction program. He has
prepared a preliminary draft of a letter to Mr. Jon Olson,
County Engineer and asked the Council to make changes in the
letter if they so desire. The Council agreed that the
number one concern was 80th Street. Mr. Stahlberg noted
that bridge funding has been approved and this project can
now go forward. There was discussion on the second concern,
Elm Street. Mr. Reinert was concerned that the County would
upgrade the street and then the City would tear it up to
install sewer and water. The two efforts will have to be
coordinated.
Mr. Bisel asked about 24th Street where Washington County
and Anoka County meet. Mr. Stahlberg explained that
currently the two municipalities are responsible for
maintaining this street.
Mr. Bisel asked about Centerville Road. He has heard that
Ramsey County will be upgrading Centerville Road in Ramsey
County. He said he would like to see some coordination with
Ramsey County and Anoka County in this area.
Mr. Schumacher told the Council that he has received a
response from White Bear Township regarding the improvement
of East Ash Street. It appears that they do not wish to
participate in the upgrading of that street.
Other Pending Engineering Issues - Mr. Stahlberg reminded
the Council of the Metropolitan Waste Control public hearing
planned for May 18, 1988. He has made plans to attend this
hearing. Mayor Benson asked about the rebate of SAC charges
for property that will not be sewered until after 2000. Mr.
Schumacher explained where this issue is at the present
time.
ATTORNEY'S REPORT - BILL HAWKINS
Mr. Hawkins did not have a report.
STATUS REPORT CONCERNING JOINT POWERS AGREEMENT BETWEEN
WHITE BEAR TOWNSHIP AND LINO LAKES FOR PLANNING SERVICES
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Mr. Schumacher explained that the Joint Powers Agreement
between Lino Lakes and White Bear Township has worked well
for about three fourths of a year. However, both the
Township and this City are experiencing growth pressures and
Mr. Miller, the planner has been unable to keep up with all
of the needs of both municipalities. Mr. Schumacher
referred to his memorandum of April 4, 1988 where he asked
the Council to authorize him to negotiate an agreement with
Mr. Miller to become our planner on a four fifths employment
contract.
Mayor Benson asked if Mr. Schumacher has considered if Mr.
Miller would be on a contract basis or on an employee basis.
Mr. Schumacher indicated that Mr. Miller would prefer an
employee basis. Mr. Schumacher also indicated that the
Council would have more control if Mr. Miller were an
employee. Mayor Benson asked why Mr. Schumacher was
recommending only the four fifths basis. Mr. Schumacher
noted financial reasons and this would allow this City to go
from a two and one half day basis to a four day basis.
Mayor Benson asked what would happen if the City needed Mr.
Miller on the day he is not scheduled to work. Mr.
Schumacher said he felt something could be worked out.
Mr. Bohjanen asked if this City is ready for a full time
planner. He noted that a lot of issues are coming up and
probably we could probably use a full time planner.
Mr. Reinert asked why Mr. Schumacher was recommending a four
fifths time planner. He felt he has done quality work and
has a good impact on this City. He asked if Mr. Miller
would look for another position and then we would have to
start all over again. Mr. Bisel said that maybe Mr. Miller
would rather work only four days. He felt Mr. Schumacher
should work on getting the services the City needs and also
make sure Mr. Miller is comfortable. Mr. Reinert said he
had a problem with possibly loosing a person who has been
real good for this City.
Mr. Bisel moved to allow Mr. Schumacher to visit with Mr.
Miller and bring back to the Council his recommendation for
the planners position with figures on how this will impact
the budget. Mr. Reinert seconded the motion. Motion
carried unanimously.
OLD BUSINESS
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Update, Lakes Addition No. 3 Homeowners Association - Mr.
Schumacher explained that this item was included for
informational purposes only. Mr. Uhde has formed an
association and has filed covenants on the lots. He plans
to conduct the first organization meeting on June 9, 1988.
Mayor Benson noted that there are two or three residents on
East Shadow Lake Drive that will be affected by the upkeep
of the ponds and he asked that they be notified of the
upcoming meeting.
Mr. Reinert was concerned with the new developments that
have ponds. He asked that Reshanau Lake Estates South and
Erickson's 2nd Addition be looked at as well. Mr.
Schumacher will follow up and update the Council on this
matter.
Progress Report on Bond Funds - Mrs. Anderson explained that
the Accountant is currently in the middle of the City audit.
She does plan to have a report ready for the Council in
June.
Reminder, Board of Equalization, May 16, 1988, 7:00 P.M.
Mr. Schumacher noted that he has contacted the school
districts and has no firm commitments. Mr. Reinert asked
Mr. Schumacher to follow up on this.
NEW BUSINESS
League of Minnesota Annual Conference, June 7 - 10, 1988 -
Mayor Benson said he would be attending as well as Mr.
Reinert and Mr. Neal. Mrs. Anderson will provide a copy of
the agenda for the Council.
City Questionnaires - Mr. Schumacher told the Council that
the response on the questionnaires has been very good.
Cliff Hagen Retirement Party - Mayor Benson asked Mr.
Schumacher to look for a gift for Mr. Hagen from this City.
Mr. Bisel moved to adjourn at 8:58 P.M. Mr. Reinert
seconded the motion. Aye
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