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HomeMy WebLinkAbout11/13/1989 Council Minutes (2)1 1 COUNCIL MEETING NOVEMBER 13, 1989 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:07 P.M., Monday, November 13, 1989. Council members present: Neal, Bohjanen, Reinert and Bisel. Council members absent: None. City Attorney, Bill Hawkins; Engineers Ron Stahlberg and Dan Boxrud; Administrative Assistant, Dan Tesch; Auditors, Rob Tautges and Fred Espe; Building Official, Pete Kluegel; Public Works Director, Don Volk; Planner, John Miller; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES, OCTOBER 23, 1989 Mr. Neal moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried with Mr. Bohjanen abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS October 31, 1989 - Mr. Bisel moved to approve these disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. November 13, 1989 - Mr. Reinert moved to approve this disbursement as presented. Mr. Bisel seconded the motion. Mrs. Anderson asked that the item for Annandale Construction he deleted. The amount is incorrect and this item will appear on another disbursement listing. Mrs. Anderson also explained that the disbursement to TKDA for bituminous sealcoating in the amount of $46,913.54 is in error. The check has been made out to Allied Blacktop who did the sealcoating. Mr. Neal questioned the disbursement to the Lino Lakes Senior Citizen in the amount of $200.00 for the Walk for Hunger. He noted that only about 25% of the money collected for this project is staying within the community. The balance is going to fight hunger in other sections of the state, county and world. Mr. Bisel questioned the use of tax money for this type of disbursement. It was noted that, several other charitable organizations have requested and received money such as RISE, Alexandria House and the Forest Lake Youth Service Bureau. The consensus of the Council is that the Ways and Means Committee should propose a policy for handling requests for donations and send the proposed policy to the Council for their consideration and approval. Voting on the motion, motion carried unanimously. CONSIDERATION OF APPROVAL,OF THE 1990 CABLE COMMISSION BUDGET Mr. Tesch had sent the proposed 1990 Cable Commission budget Page 1 COUNCIL MEETING NOVEMBER 13, 1989 to the Council in their packets. He noted that the proposed budget represents an increase of 5.7% for the operating budget and a 2% increase in the capital outlay portion of the budget. The largest capital outlay expense is designated for computers. Mr. Bisel noted that this Council does not have anything to say about the budget. Mr. Tesch noted that it is being presented so that the Council can send back to the Commission any comments that they wish. Mayor Benson referred to an area on 4th Avenue where Cable TV requested. He asked that Mr. Tesch bring this back to the Commission and explain that they are willing to pay for the installation at a reasonable rate. Mr. Tesch will bring this matter to the Commission. Mr. Bisel noted that the problem in Lino Lakes is that the residences are so far apart in many areas. Mayor Benson suggested a trade -off. The Council will not allow cable to go into certain areas until service is spread to an outlying area. Mr. Tesch noted that this idea had been presented to the Commission in the past and the Commission felt that this process would be penalizing those who could get the service. He noted that Ham Lake has a similar problem and explained that the Council is not in a position to make the Cable Commission do anything. Their letter of credit could be pulled if there is a major problem but that appears to be the only recourse. The Council thanked Mr. Tesch for his presentation. Mr. Reinert moved to approve the 1990 Cable Commission budget. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF A CONTRACT WITH VOTO, TAUTGES, REARDON, LTD. FOR THE 1989 AUDIT - PAULA ROMOCKY Ms. Romocky explained that Voto, Tautges, Reardon, Ltd. has prepared a one year contract for the 1989 audit. This contract represents about a $1,000.00 increase over the previous year. Mr. Bisel noted that the City has started to implement its computer system and asked how Mr. Tautges felt this was progressing. Mr. Tautges explained that on a scale of one to ten, the City is at about 5 or 6. Mr. Bisel asked if the system was capable of doing what it was intended to do. Mr. Tautges said it is designed to do what is needed and this is primarily to manage the financial accounting. Mr. Bisel asked if the reports being generated are compatible with the audit procedure. Mr. Tautges said that they may be streamlined but will be helpful beginning with the 1989 audit. He felt that the 1990 reports should be available on demand. Page 2 1 1 COUNCIL MEETING NOVEMBER 13, 1989 Mayor Benson said that assuming that Voto, Tautges, Reardon Ltd was not in business, would this system be compatible with other auditing firms. Mr. Tautges said yes. Mr. Bisel asked Mr. Tautges if he were sitting in the Council's position, what would the City need to do to expedite or improve. Mr. Tautges said that the reports should be evaluated on an interim basis. He said the Council should judge what they see and then direct the staff to make alternative reports. He also said that future needs such as training and evaluating should be an ongoing process. Mr. Bisel moved to approve the contract with Voto, Tautges, Reardon, Ltd for the 1989 audit. Mr. Reinert seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS Consideration of Ordinance No. 09 - 89 Amending Lawful Gambling Code, First Reading - Mr. Hawkins explained that there has been new legislation in 1989 regarding this matter and suggested that the City take advantage of this new legislation that authorized cities to increase the amount of expenditures that they can require licensed gambling organizations within the city to expend. This proposed amendment addresses two concerns of this Council. The first concern was that organizations were coming into the city and taking receipts and expending them elsewhere. The new legislation authorizes cities to require up to 100% of all the lawful expenditures that an organization makes be spent within a trade area as defined by the city. This proposed ordinance amendment requires that 50% of the lawful expenditures be spent within the trade area of Lino Lakes. Mr. Hawkins has defined the trade area as within the municipal boundaries of the city. The second concern of the Council is in reference to the definition of members of the organization applying for the lawful gambling license. This concern was especially evident during the consideration of a lawful gambling license for the National Multiple Sclerosis Society several months ago. This organization defined a member as any person who has donated to this organization. Section 611.02A of the proposed ordinance amendment requires that in order to be considered a member a person must take an active part in the organization. Mr. Bisel was concerned regarding the requirement that 50% of the lawful expenditures be spent within the trade area of Lino Lakes. He explained that if legislation is amended to allow the VFW to use some of the proceeds to building the new VFW building, this may impact this requirement. Mr. Hawkins explained that if the building is constructed in Lino Lakes, the VFW would be in compliance with the amendment. Mr. Bisel said he would like to sit down with Mr. Hawkins to review Page 3 COUNCIL MEETING NOVEMBER 13, 1989 this matter and also asked that the proposed amendment be submitted to all the current license holders for their review and comment. Mr. Bisel moved to table further consideration of this ordinance amendment. Mr. Bohjanen seconded the motion. Motion carried unanimously. This ordinance amendment will be submitted to all current license holders for their review and comment. CONTINUATION OF PUBLIC HEARING, REZONE OF PORTION OF RESHANAU PARK ESTATES - JOHN MILLER Mayor Benson opened this public hearing at 7:40 P.M. Mr. Miller gave a brief background concerning this matter. This public hearing is continued from the October 23, 1989 Council meeting. The rezone request is for Outlot A and Outlot B of Lakes Addition No. 3. Mr. Miller has now visited with some of the adjoining landowners who expressed concern about this matter. The developer has agreed to have both outlots rezoned to R -1X so that the remaining issue of setbacks on the new lots is the only issue to be resolved. This issue particularly affects Lots 1 and 2 on the east side of Black Duck Drive. Each lot would be 87 1/2 feet at the current setback line. The required frontage is 90 feet. Mr. Miller suggested requiring the developer to set the houses another 2 1/2 feet back on the lot to get the required setback. The other alternative would be to grant a variance to the developer. Mr. Miller recommended that a variance not be granted but that the Council require the additional 2 1/2 feet setback. Mr. Reinert asked Mr. Kluegel if he could see a problem with this recommendation. Mr. Kluegel said this would be easy to do. Mr. David Gontarek, 6888 Crystal Court thanked the Council for continuing this public hearing and the staff for sending him the zoning code. He said that he felt there was a significant difference between R -1 and R -1X and explained that he and his neighbors felt all the lots should be zoned R -1X. This appears to be what the staff is recommending to the Council this evening. Mr. Donald Dunn, 6885 Black Duck Drive said he would urge the Council to rezone all of the lots to R -1X. Mr. Bisel moved to close the public hearing at 8:47 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to rezone all lots to R -1X as presented and approve the first reading of Ordinance No. 10 - 89. Mr. Reinert seconded the motion. Voting; Mr. Neal, yea; Mr. Bohjanen, yea; Mr. Reinert, yea; Mr. Bisel, yea. Mayor Page 4 COUNCIL MEETING NOVEMBER 13, 1989 Benson declared the notion passed. Ordinance No. 10 -- 89 can be found at the end of these minutes. Mr. Reinert moved to approve option No. 1 on Mr. Miller's "green sheet" and require the builder to move the houses deeper on the lot or a minimum of 2 feet which would bring the R- -1X into conformance. Mr. Bohjanen seconded the motion. Motion carried unanimously. ENGINEER'S REPORT - RON STAH-LBERG Complete MUSA Map Boundaries for Submittal to Metropolitan Council - Mr. Stahlberg sent a letter to the City Administrator indicating changes that should be made to the MUSA map. A copy of this letter was included in the Council packet. Mr. Stahlberg explained the four proposed changes to the map. A fifth change was proposed this afternoon by the City Planner. WCCO, owner of property in Section 33 is planning to place some of their property on the market for single family residential use. They were encouraged by the Council to do this earlier this year when they applied for a Conditional. Use Permit. Mr. Reinert asked if the WCCO property contained a great amount of wetland. Mr. Stahlberg said yes and noted that street and utility extensions were provided for when the 4th Addition of Reshanau Lake Estates South was platted. Mayor Benson noted that the configuration of the WCCO property was strange and asked that the entire area north of the WCCO property be placed in the MUSA boundary. Mayor Benson asked why the west side of Sunrise Drive was now being included in the MUSA boundary. Mr. Stahlberg explained that the City has received eight petitions already and the residents north of Fairmount have not yet been notified of their ability to hook up to the services at the new rates. Mr. Bisel pointed out the conditions of the present Charter will be enforced. It explicitedly states that if 510 of the area petitions for services, all the area will be assessed. He asked that all the residents be contacted noting that regarding assessments, the majority will rule. Dennis Kollar, 7141 Sunrise Drive said he felt that since the Council had adopted the new assessment policy regarding front footage, more residents will be interested in accepting an assessment. Mr. Bisel moved to accept the MUSA changes as presented by the City Engineer and the area north of Fairmont Avenue on Sunrise Drive provided that 51% of the residents are willing to accept the assessment. These residents are to be notified in a timely manner regarding this matter. Mr. Neal seconded the motion. Mr. Reinert asked that the area north of the WCCO property be Page 5 COUNCIL MEETING NOVEMBER 13, 1985 added to the MUSA boundary so that the total buildable property in that area will be included on the map. Mr. Bisel. and Mr. Neal accepted this as an amendment to the motion. Voting on the motion, motion carried unanimously. Policy for Connecting Residences not Adjacent to Trunk Line - Mr. Stahlberg explained that requests have been received from property owners not directly adjacent to trunk lines for service at the same rate as those re=sidences directly adjacent to the trunk line. He asked that a policy be established for these requests. Mayor Benson explained that the Council should look at this matter in a broader manner and asked that a Council work session be established to review these requests. Centerville Road Sewer and Water, White Bear Township - Mr. Stahlberg has sent a letter to Mr. Schumacher on this matter and explained that specifications for an improvement that would bring sewer and water service within a quarter of a mile of the Lino Lakes boundary have been completed, bids have been requested and received. White Bear Township has been considering revising their plans to include a gravity connection to the Forest Lake interceptor and a White Bear Township staff person has contact Mr. Schumacher on this natter. Mr. Bisel said he would like to see some cost figures for Lino Lakes participating in the cost of the gravity connection. Mr. Stahlberg explained that the planned trunk lines are oversized to provide capacity for Lino Lakes. This will provide service for Service Area #5 in Lino Lakes. He explained how this area would be served from White Bear Township. Consideration of Adopting a Joint Powers Agreement Between the City of Blaine and Lino Lakes for Improvement on Sunset Road - Mr. Stahlberg explained that sewer and water utilities were made available to the residents on Sunset Road by the City of Blaine in 1986. A Joint Powers Agreement was never finalized because of personnel changes at the City of Blaine. The new finance director in Blaine has now contacted Lino Lakes and has asked that this be completed. Mr. Schumacher explained that currently the Lino Lakes residents along Sunset Road are billed for sewer and water usage by the City of Blaine. This causes a concern because all other joint powers agreements involving utilities allow the City of Lino Lakes to bill for services at the Lino Lakes current rates. Currently the utility rates in Blaine are among the lowest in the metropolitan area if not the lowest. This may cause a problem when the Blaine Joint Powers Agreement is finalized and these residents are notified of the new much larger rates. The Council agreed that all Lino Page 6 1 1 COUNCIL MEETING NOVEMBER 13, 1989 Lakes citizens should be billed by this City and at the same rate. Mr. Bisel suggested that to bring the residents up to current rates, their rates could be increased in phases. For instance, one half the increase in 1990 and the balance of the increase in 1991. Mr. Neal expressed concern about this matter noting that many of the residents on Sunset Road were senior citizens on fixed incomes. Mr. Schumacher noted one other change in the Joint Powers Agreement. The current Agreement states that Lino Lakes shall reimburse the City of Blaine annually. This should be changed to quarterly. Mr. Bisel moved to approve the Joint Powers Agreement with the City of Blaine and to change the payment to the City of Blaine to a quarterly basis. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Schumacher was asked to provide example to the Council on how this impacts the billing for these residents for 1990 and 1991. Assessment Policy for One Acre Lots Adjacent to Trunk Sewer and /or. Water. Lines Who Do Not Want to Subdivide - Mr. Stahlberg explained that several requests have been received in the area where the trunk facilities are being constructed for hookup to the utilities from landowners who have the ability to subdivide their lots but do not want to at the present time. The Council will consider this matter at the same work session as they consider a policy for connecting residences not adjacent to trunk line. OLD BUSINESS Authorization of Payment for Costs Associated with Partial Release and Interest for McDougal Property - Mr. Bisel moved to approve the payment of $117.17 to Ms. McDougal. Mr. Reinert seconded the motion. Motion carried unanimously. Consideration of a Policy Amendment Regarding Hookup and Connection Charges, Reshanau Park Estates - Mr. Schumacher explained that Mr. Uhde, developer of Reshanau Park Estates has requested that the hookup and connection charges for Phase II of this subdivision be delayed until the time that he starts development of Phase II. It was noted that all of the sewer and water utility has been constructed and all the connections are in place. It was also noted that if the Council delayed the payment of these charges a precedent would be set and other developers would request the same consideration. It was further noted that Mr. Uhde was aware of the policy for payment of these charges. Mr. Reinert moved to enforce the current policy and require full payment on all 36 lots of the entire subdivision. Mr. Page 7 COUNCIL MEETING NOVEMBER 13, 1989 Neal seconded the motion. Motion carried unanimously. Country Traveler Update - Mr. Neal reported that since this matter previously came before the Council, donations from various local organization total about $4,500.00. Five thousand dollars is needed to keep the country traveler service operable and Mr. Neal was hopeful that this money could be found. Mr. Reinert asked how many people were using this service and Mr. Neal said about 190 people. Consideration of Key Credit Factors With Other Metropolitan Municipalities - Mr. Bisel moved to table this item. Mr. Bohjanen seconded the motion. Motion carried unanimously. NEW BUSINESS Set Public Hearing for 1990 Budget and Consideration of Resolution No. 72 - 89 - Mr. Bisel moved to set the 1990 Budget public hearing for December 6 and December 7, 1989 at 7:00 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve Resolution No. 72 - 89. Mr. Bohjanen seconded the motion. Motion carried unanimously. Resolution No. 72 - 89 can be found at the end of these minutes. Consideration and Approval of Resolution No. 71 - 89 Proclaiming November as Epilepsy Month - Mr. Reinert moved to approve this resolution. Mr. Bisel seconded the motion. Motion carried unanimously. Resolution No. 71 - 89 can be found at the end of these minutes. League Sponsored Legislative Policies Session, Hotel Sofitel, November 16, 1989 - Mr. Neal said he would like to attend this meeting. Mr. Bisel said he would check his calendar and let Mrs. Anderson know. Consideration of Repair Order for 157 Egret Lane - Mr. Kluegel explained that a building permit was issued for this house in the spring of 1988. The contractor experienced financial difficulty and the home was left unfinished. The home is missing a front door and garage doors and Mr. Kluegel considers it to be hazardous subject to unlawful entry and vandalism. He is asking that the Council issue an order for repair to resolve this problem. Mr. Hawkins explained the procedure to the Council. Mr. Reinert moved to approve an order for repair for 157 Egret Lane. Mr. Bisel seconded the motion. Motion carried unanimously. Consideration of Awarding Bid for Street Sweeper - Mr. Volk Page 8 1 1 COUNCIL MEETING NOVEMBER 13, 1989 explained that he has prepared specifications, advertised for bids and received bids for the purchase of a street sweeper. Two bids were received and both bids meet specifications. One bid was from Ruffridge - Johnson Equipment Company for a 1990 FMC Vanguard 3000 SP and the second bid was from MacQueen Equipment, Inc for a 1990 Elgin Series P Premier Dual. Mr. Volk explained the differences in the two pieces of equipment. Mr. Bisel moved to accept the bid from Ruffridge- -Johnson Equipment Company for the 1990 FMC Vanguard 3000 SP. Mr. Reinert seconded the motion. Motion carried unanimously. Proposed Purchasing of City Jackets - Mr. Schumacher explained that the staff has been discussing purchasing jackets and sweatshirts with the City logo on them for about six months. A request is being made to the Council for their participation in the cost of these jackets. It was explained that some cities do purchase these jackets for their employees that are in the public so that they can be easily identified. Mayor Benson noted that the vendor is not local and asked if any of the local vendors have been asked for a quotation on jackets. Mr. Bisel said he would not be in favor of using tax money for this type of purchase. He suggested that the staff get some donations for the jackets. Mayor Benson suggested that the jackets and sweatshirts could be sold to the public to generate a profit. Mr. Neal suggested that one be purchased and put on display. No action was taken on this matter. Mr. Bohjanen moved to adjourn at 9:03 P.M. Mr. Neal seconded the motion. Motion carried unanimously. These minutes were considered and approved at a regular Council meeting held on November 27, 1989. lyn Page 9 G. Anderson, Clerk - Treasurer CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 - 89 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE IN RESHANAU PARK ESTATES I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Single Family Residential (R- 1) to Single Family Executive (R -1X), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, Minnesota, the following described real estate: Lots 1, 2, 3 and 4, Block 1, Reshanau Park Estates lying south of the south line of the Northwest Quarter of the Southwest Quarter, Section 21, Township 31, Range 22. Lots 1, 2 and 3, Block 2, Reshanau Park Estates lying south of the south line of the Northwest Quarter of the Southwest Quarter, Section 21, Township 31, Range 22 II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. PAGE 1 1 1 CITY OF LINO LAKES RESOLUTION NO. 71 - 89 RESOLUTION PROCLAIMING NOVEMBER TO BE EPILEPSY MONTH IN LINO LAKES WHEREAS: there are more than 100,000 Minnesotans with some form of epilepsy, which is not a disease but a disorder of the central nervous system; and, TEREAS: these Minnesotans are a significant portion of some 2,000,000 Americans from throughout the country who have epilepsy; and, WHEREAS: 60 percent of those persons who have epilepsy are elementary school age or younger; and, WHEREAS: in Minnesota there is approximately one child in every other classroom with epilepsy; and, WHEREAS: epilepsy is the second most common neurological disorder or physical impairment; and, WHEREAS: with early diagnosis and attention to medical, social and neurological aspects more people will able to bring their seizures under partial or full control; and, WHEREAS: everyone generally needs more information about epilepsy, its causes, and what can be done to help in order to change public attitudes from rejection to understanding and acceptance: NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council does hereby proclaim November to be: EPILEPSY MONTH IN LINO LAKES BE IT FURTHER RESOLVED that through these efforts by governments within Anoka County all citizens will have a greater understanding of epilepsy so that people with epilepsy will be better able to take their rightful place in the mainstream of American society. Adopted by the Lino Lakes Cit .uncil this 13th d November, 1989. :enjamin s. Benson, ayor - rSLQiC/ 51.i Margyn G. Berson, Clerk- Treasurer CITY OF LINO LAKES RESOLUTION NO. 72 -89 RESOLUTION CERTIFYING THE PRELIMINARY 1989 TAX LEVY, COLLECTABLE IN 1990. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses, obligations and operating costs anticipated in the year 1990, and WHEREAS, the City of Lino Lakes is restricted by levy limitations imposed upon it by the State of Minnesota, NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy on a preliminary basis the following upon the taxable property in said City of Lino Lakes, to -wit: 1. Total preliminary amount levied in the year 1989 to be spread for taxes due and payable in the year 1990 is in the total sum of $ 1,535,086.00. 2. The preliminary amount above levied is for the following purposes: General Fund $ 1,371,527.00 General bonded Debt Equipment Certificates of 1987 (interest shortage) Equipment Certificates of 1989 Equipment Certificates of 1989B 5,265.00 87,098.00 71,196.00 Total General Obligation 163,559.00 Bonded Debt TOTAL LEVIES 1,535,086.00 BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget as reviewed by the City Council represents the basis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action prior to December 28, 1989. Passed the Marlyn!/G. Anderson, Clerk- Treasurer i3th day of 198 jami G. Benson, ayor 1 • Passed by the City Council this,.? y of November, 1989. (21,41.4 Ma�-il n Anderson, Clerk - Treasure.- Y PAGE 2 en3ami :enson, Mayor