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HomeMy WebLinkAbout05/09/1988 Council Minutes (2)1 1 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 PAGE 1 0.43 044 COUNCIL MEETING MAY 9, 1988 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 PAGE 2 1 1 1 1 1 1 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 PAGE 3 045 1 1 COUNCIL MEETING MAY 9, 1988 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. PAGE 4 047 048 COUNCIL MEETING MAY 9, 1988 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. PAGE 5 1 1 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. PAGE 6 CITY OF LINO LAKES 049. 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 PAGE 7 046 COUNCIL MEETING MAY 9, 1988 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 PAGE 8 1 1 COUNCIL MEETING MAY 9, 1988 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 PAGE 9 051 052 COUNCIL MEETING MAY 9, 1988 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 PAGE 10