HomeMy WebLinkAbout12/11/1989 Council Minutes1
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COUNCIL MEETING DECEMBER 11, 1989
The regular meeting of the Lino Lakes City Council was called
to order by Mayor Benson at 7:14 P.M., Monday, December 11,
1989. Council Members present: Bisel, Reinert, Bohjanen,
Neal. Council Members absent: none. City Attorney, Bill
Hawkins; Engineers, Ron Stahlberg, Darrell Schneider, Dan
Boxrud; Planner, John Miller; Public Works Director, Don
Volk; Waste Abatement Coordinator, Fran Kurk; Administrator,
Randy Schumacher and Clerk - Treasurer Marilyn Anderson were
also present.
CONSIDERATION AND APPROVAL OF MINUTES
Council Work Session, November 27, 1989 - Mr. Bisel moved to
approve these minutes as presented. Mr. Bohjanen seconded
the motion. Motion carried unanimously.
Regular Council Meeting, November 27, 1989 - Mr. Reinert
moved to approve these minutes as presented. Mr. Bisel
seconded the motion. Motion carried unanimously.
Council Budget Public Hearing, November 30, 1989 - Mr.
Reinert moved to approve these minutes as presented. Mr.
Bohjanen seconded the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS
November 30, 1989 - Mr. Bisel moved to approve these
disbursements as presented. Mr. Neal seconded the motion.
Motion carried unanimously.
December 11, 1989 - Mr. Bohjanen moved to approve these
disbursement as presented. Mr. Neal seconded the motion.
Motion carried unanimously.
OPEN MIKE
No one appeared under Open Mike.
PRESENTATION BY BOB LONG, COUNCILMAN, CITY OF ST. PAUL
REGARDING THE ST. PAUL PLASTIC BAN ORDINANCE
Mr. Long introduced himself and explained that Mr. Rodney
Hanson, a citizen of Lino Lakes had expressed interest in the
St. Paul ordinance and asked that he present to this Council.
Mr. Long gave the Council a copy of the St. Paul ordinance
and a fact sheet on the ordinance. Mr. Long explained that
the ordinance was not a ban on plastics but rather a
recyclable packaging ordinance. This generally means that
packaging which is recyclable, returnable or otherwise exempt
is the only packaging that is allowed to be used or sold in
St. Paul. The reason for the ordinance was to help St. Paul
meet its solid waste reduction goal mandates, to help protect
the environment and to abide by consumer wishes. He noted
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that consumers are buying more items that can not be recycled
such as styrofoam egg cartons because no other containers are
available. The consumer is trying to be environmentally sound
but it is becoming harder to find environmentally sound
packaging because the trend is away from such packaging.
Since nothing was happening at the federal government level
and because the state had always felt that this was a city
issue, the City of St. Paul worked jointly with the City of
Minneapolis and drafted this ordinance which will become
effective July 1, 1990.
Many issues were examined during the drafting of the
ordinance. Costs of getting rid of rubbish were escalating
and methods of disposing of the rubbish were diminishing.
There was debate regarding keeping plastics out of the
landfills because of the residue they left. There was
consideration of air and land pollution. Esthetics were
considered as well as the effect of plastics on wildlife.
Economics were examined and it was determined despite claims
to the contrary, consumers will save money in the long run.
Some concerns were raised. Grocery store owners contended
that they would not be competitive and that shoppers would go
to the suburbs to do their shopping. Mr. Long gave several
examples of shoppers preferring the paper types of packaging
and although it may cost a few cents more in the grocery
store, they may save a few cents on the rubbish removable
bill. It appears that the new ordinance is sending a strong
message to industry that they cannot afford to continue to
make non - recyclable containers.
Mr. Long encouraged Lino Lakes to adopt a similar ordinance.
He explained that as the number of communities with this type
of legislation grows, the state legislature will get the
message that their constituents will not wait for the state
to do something about the environmental problems that we now
face.
Mr. Reinert addressed disposable diapers. Mr. Long said that
this is a separate but very serious issue. His committee is
looking at this matter from a different angle. Incentives
may be offered to the user to encourage them to use alternate
products.
Mr. Long was asked why the ordinance addresses only the food
industry. Mr. Long said his committee felt the fastest
growing problems were in this industry and it could be
addressed with the consumers help.
Mr. Reinert noted that the automobile industry is a very
large user of plastics. Mr. Long said this is also a large
issue that will soon be addressed. He also noted that we are
now exporting our plastic problem overseas. Many foreign
beaches are becoming polluted with plastic waste which is
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washed up out of the ocean.
Mr. Long explained that guidelines for enforcing the St. Paul
ordinance will be published in a few weeks. It is hoped that
since it is a business and as user friendly as possible,
there will not be many violations. He has already noted a
tremendous number of conversions and said that Burger King
has already changed their packaging.
Mayor Benson noted that usually state mandates do not contain
financial considerations to implement. He asked Mr. Long to
bring this concern back to his committee. Mr. Long said
that although he expected the state legislature to start work
on similar legislation, lobbyists are usually very successful
in bottlenecking such legislation. He encouraged Lino Lakes
as well as communities to enact similar legislation and this
would encourage the state to follow the local governments.
Mayor Benson asked if the St. Paul ordinance addresses
industries who produce the product that will be banned? Mr.
Long said these industries should not be affected since the
focus of the ordinance is on the retail end. However, he is
seeing the industry is trying to develop new uses for the
plastic packaging.
Mayor Benson and the Council Members thanked Mr. Long for
attending this evening. Mr. Volk and Mr. Schumacher were
asked to bring to the Council a draft of similar legislation
for the Council to consider. Mr. Schumacher said he would
investigate a phasing type of program.
Mr. Reinert thanked Mrs. Kurk for bringing this matter to the
attention of the Council.
CONTINUATION OF REVIEW OF JOINT POWERS AGREEMENT FOR THE
NORTH METRO RECREATION COMMISSION
Mr. Volk explained that this matter was before the Council at
the previous Council meeting and additional time was
requested to review the Joint Powers Agreement. Mr.
Schumacher has written a memorandum to the Council outlining
three issues that should be reviewed at this time.
The first issue is: Should this City consider a shared
recreation program versus an in -house recreation program with
a part -time coordinator? The second issue is: If the Council
decides to go with the shared program, does the Council want
a commission or committee to supervise the program. The
third issue is: The langauge is vague regarding what the plan
of the recreation program is. What is the difference between
this program and the community education program implemented
by the school district?
Mr. Neal asked if the Park Board understood the program as
outlined in the Joint Powers Agreement. Mr. Volk said they
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had discussed it at length and liked the program. The
program allows for a full -time director. As the program
progresses, aspects of the program may change to fit the
needs. Mr. Bohjanen asked if this Joint Powers Agreement
deals with only one school district. Mr. Volk said yes. Mr.
Neal asked why the City of Blaine was not involved in the
program. Mr. Volk explained that originally Blaine was
invited to the meetings but dropped out saying that they were
providing recreation opportunities for their citizen already.
Mr. Neal asked if Lino Lakes could or should charge a'users
fee for the use of ballfields. Mr. Volk explained that we do
require a security deposit which is refunded if no damage has
been done to the park. He explained that it is very likely
that user fees will be established. Also the full -time
recreational director will probably work toward establishing
soft ball leagues. Usually these types of activities require
a lighted field and then definitely user fees would be
established.
Mr. Neal told the Council that he is hearing an indoor hockey
rink may be built by Anoka County on the school property on
Elm Street. Mr. Schumacher said he has talked to Mrs.
Langfield about this matter and she stated that the County
policy on this type of facility is that the County would only
participate in the amount of $200,000.00. Mr. Schumacher has
not heard anything from the school district on this matter.
Mr. Bisel said he recognized the need for recreation programs
and felt that shared programs provided more recreation
opportunities. However, he felt that the Joint Powers
Agreement needed check points so that this City could
determine when an in -house program would be more appropriate.
Mayor Benson asked if it has been decided what entities are
in the Joint Powers Agreement? Mr. Volk said that
Centerville is still uncertain. Mr. Reinert said he did have
a problem with the funding formula and it appeared to him
that the school district should be a part of the funding
proposal as well. Mr. Volk said that he suspected that the
school district would withdraw from the proposal if they were
required to contribute above what the Joint Powers Agreement
now calls for. They feel that they are being gracious with
this proposal.
Mr. Bisel asked about the White Bear and Forest Lake School
Districts noting that many children attending these schools
would participate in the program.
Mr. Reinert asked who would be responsible for the direction
of the recreation program. Who would be guiding him? It was
explained that the commission (or committee) would do this.
A day to day check on this person would not happen.
Mr. Volk suggested that he could get a recreation program
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from another city to use as an example for the Council.
Mr. Bisel said that the formation of a commission to guide
the Joint Powers Agreement was "scary ". He felt the Council
would not have control over the program or the expenditures.
However a program should be in place by the time school is
out this spring. Mayor Benson said that he felt the Council
should not be afraid to go ahead with the Joint Powers
Agreement and make changes as necessary.
Mr. Volk explained that the form of the Joint Powers
Agreement was taken from the Centennial Fire District Joint
Powers Agreement. He will get a copy of the most current
Fire District Joint Powers Agreement and update the North
Metro Recreation Joint Powers Agreement is necessary.
Mr. Bisel said that children that are not living within the
Joint Powers Agreement district maybe should be charged for
their participation in the program. Mr. Volk said that he
felt it may be necessary to charge some fee to all
participants.
CONSIDERATION OF ESTABLISHING A MUNICIPAL FACILITIES TASK
FORCE
Mr. Schumacher explained Winsor - Faricy has completed the
preliminary Municipal Facilities Study. He is recommending
that the Council appoint a task force of eight to fifteen
people to review the draft document and make recommendations
to the Council on a plan of action. Mr. Schumacher noted
that the staff will review the document in January and
suggested that the task force review the document in
February.
Mayor Benson noted that it is going to take a lot of staff
time to review this document if the staff does not have a
directive to follow. He suggested that the Council decide
what areas should be studied by the task force and this would
also help determine the size of the staff. He felt the
sooner the report was given to the Council the sooner the
process could be started. Mr. Schumacher said he would
rather go through the document with the staff first to be
sure that it included everything and to be sure the staff
know what is in the report. He also wanted any misleading
concepts deleted from the report before the Council reviews
it.
Mr. Bisel expressed mixed feeling about this type of
procedure. He felt the process was terrible but probably
necessary. Mayor Benson asked Mr. Bisel if he was suggesting
that the Council should study the document and then form a
group to bring the proposal to the public. Mr. Bisel said
the people have to be involved, however, he was not sure at
what level.
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Mr. Schumacher will bring this matter back to the Council in
January.
SECOND READING, ORDINANCE NO. 11 - 89 AMENDING LIQUOR CODE TO
CONFORM WITH NEW STATE LEGISLATION
Mr. Bisel moved to approve the second reading of Ordinance
No. 11 - 89. Mr. Neal seconded the motion. Voting on the
motion, Neal, yea; Bohjanen, yea; Reinert, yea; Bisel, yea;
Mayor Benson, yea. Motion carried "unanimously.
This ordinance can be found at the end of these minutes.
CONSIDERATION OF ORDINANCE NO. 09 - 89 AMENDING LAWFUL
GAMBLING CODE
Mr. Schumacher explained that this ordinance was before the
Council on November 13, 1989 and the Clerk was instructed to
send the proposed ordinance to all organization who currently
hold gambling licences in this City. Only one response was
received and that was from the Centennial Fire District.
Their comments referred to reporting procedures.
When the Council previously considered this matter, questions
were raised regarding the definition of trade area. Mr.
Bohjanen felt that if the ordinance remains as it is written,
the VFW will be forced to suspend almost all of its donations
outside of Lino Lakes. This would make is difficult since
they are a national organization and support national fund
drives. He suggested that the percentage of donations that
will be required to remain in Lino Lakes should be more like
25% or 30 %.
Mr. Bisel felt the ordinance missed the whole point. He felt
the ordinance should say that if you are coming to Lino Lakes
to conduct gambling occasions, then your organization is
restricted from coming in taking Lino Lakes money out of the
City. He was hoping to restrict many organization from even
coming to Lino Lakes.
Mr. Hawkins noted Section 611.02 (a) and said that this
provision of the ordinance will greatly restrict what
organizations can come into Lino Lakes to conduct lawful
gambling. Section 611.03 determines what portion of the
gambling proceeds will stay in the trade area.
Mr. Reinert asked Mr. Hawkins if he has been watching the
mess at the state level. Mr. Hawkins explained that there
will be substantial changes in the lawful gambling laws. He
noted that this ordinance will probably be changed again.
Mayor Benson said he was concerned about the percentage that
an organization must spend within the trade area. He noted
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that probably the trade area was not adequately defined.
Maybe a radius would be better or possibly specify other
communities. Mr. Hawkins said the radius suggestion would be
the best. Mayor Benson noted that the Economic Development
Committee has been defining trade area and suggested that
this be looked at for further ideas.
Mr. Bisel noted that not only the VFW but also the Centennial
Fire Department represents a much larger area than the Lino
Lakes corporate boundaries. Both of these organizations are
looking at building facilities and wish to use some of the
money for that purpose. This would be greatly reduced if
this ordinance is enacted. Mr. Bohjanen noted that 45% of
the gross proceeds are set aside for operation of the
gambling concern. This leaves a balance of 55% and if 50% is
required to be spent in Lino Lakes, this leaves very little
to donate to other worthwhile causes. He also noted that
every time one turns around the rules at the state level
change. It is very difficult to keep up with these changes.
Mr. Hawkins noted that this is a Council decision. He has
provided the state statutes and the Council may make their
ordinance narrower than these statutes.
Mr. Reinert moved to table this item until more information
is received. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
ENGINEER'S REPORT - RON STAHLBERG
Introduction of Darrell Schneider - Mr. Stahlberg introduced
Mr. Schneider to the Council and noted that Mr. Schneider
will be serving in the capacity of City Engineer representing
TKDA. Mr. Schneider has already provided a resume for the
Council to consider and he gave a brief account of his public
service. He explained that he was impressed with the City
and its potential growth. He also said he was impressed with
the sophistication of the Council and staff. The Council
welcomed Mr. Schneider.
OLD BUSINESS
Set Budget Work Session for Week of December 18, 1989 - Mr.
Bohjanen moved to set the meeting for Monday, December 18,
1989 at 3:30 P.M. Mr. Bisel seconded the motion. Motion
carried unanimously.
NEW BUSINESS
Set Date for February City Communications Meeting - Mr.
Reinert moved to set this meeting for Saturday, February 10,
1990 at 8:30 A.M. Mr. Bisel seconded the motion. Motion
carried unanimously. Mr. Schumacher will check with
representatives of other agencies and with the surrounding
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cities to be sure this is the best date.
Mayor Ben Benson - Mayor Benson explained that it is
customary for the Mayor to give a State of the City message
each year. Since he will not be the Mayor who will present
the next State of the City message for 1989 he asked to
review some of the things that took place through the course
of the past eight years under his leadership.
Mayor Benson's entire message is attached to these minutes.
Mr. Bisel told Mayor Benson that he appreciated the manner in
which he conducted the election campaign this fall. He noted
that Mayor Benson was leaving his position as a friend and
said that he hoped Mayor Benson and his expertise would be
available to his telephone calls and visits.
The Council and Staff gave Mayor Benson a standing ovation.
Mr. Bohjanen moved to adjourn at 9:30 P.M. Mr. Neal seconded
the motion. Motion carried unanimously.
MAYOR BENSON'S ADDRESS
Mayor Benson asked to address the Council and look back over
the past eight years that he has been Mayor of this City and
to give some comments as to where he felt the City should be
going.
Mayor Benson noted a number of accomplishments during the
past years; a new zoning map was adopted, a surface water
management plan was started, a road surface management plan
was adopted, the Comprehensive Land Use Plan was updated,
developers agreements were put in place, the Economic
Development Committee was organized and because of this two
commercial developments should break ground in 1990 and he
said he hoped there would be more of the same. A new Circle
Pines gas franchise was completed and a City Survey that was
very informative was completed. Mayor Benson suggested that
this survey be reviewed to gather additional data. There has
been tremendous expansion in the City Parks system and a
recycling program has begun. Tonight additional information
was brought before the Council on this matter and it appears
additional action will be taking place regarding recycling
packaging and containers.
Mayor Benson said he felt that communication in the past
eight years has been great but the City must still go
further. A newspaper is now delivered to every citizen free,
a newsletter is sent to each residence quarterly and the
information contained in these publications is getting
better. However, this does not mean the City should not stop
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trying to improve the communication lines with the citizens.
Mayor Benson explained that when he became Mayor, there was
citizen unrest in the City. He felt that through the
cooperation of the Council this was brought to a halt and the
confidence of the people has improved. The Council has shown
that it can do a good job and look to the future. Also it is
important to get the people to look to the future and let
them speak and be heard. The Council cannot always agree
with the people because the people do not always have the
information that is available to the Council. The Council
must try to recognize what is going on with them as much as
possible. A good example of this is the Charter Amendment
failure. He said it did not pass because the citizens did
not understand what it meant to them. Also the City may not
have done enough to inform the citizens. Maybe the Amendment
should be brought before the citizens again.
Mayor Benson explained that he has worked hard as Mayor and
feels good about what has been accomplished during his
tenure. He felt it is good that the Mayor and some of the
Council Men did not always agree. This creates discussion
and leads to better decisions and a better City.
Mayor Benson said he was leaving with his head held high and
appreciated the input he received from the citizens and other
interested people. He felt the City is now in a sound
financial position. This was not the case when be became
Mayor eight years ago. There is now more than half of a
million dollars in reserve and Mayor Benson explained that
with the changes in the state aids, he felt it was necessary
to continue a strong reserve to avoid having to make other
financial adjustments. He also noted that this reserve has
made it easier to do some things without asking the City
Administrator to investigate funding sources. He noted there
were some studies completed that may not have been done if
this reserve was not here.
Mayor Benson said that as he looks to the future he feels
this Council will have some interesting challenges. There
will be some very difficult decisions to be made. Some of
these decisions will involve the future of city hall and
other facilities, land use decisions, commercial and
industrial development. Declining aid and communicationwill
continue to be a concern. Mayor Benson said that he felt the
Cable TV system should be expanded and put to better use for
faster communications.
Mayor Benson said that there will be times that the residents
do not understand what the Council is trying to accomplish.
They may think that the Council is trying to keep things from
them but we want them to be informed.
Mayor Benson said the challenges will bring out differences
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within the Council and hoped these differences would also
bring out ideas. Many minds are better than just a few. He
also asked the Council to be flexible. He hoped that the
Council would try and explain when they do not agree with the
citizens and this would help build a healthier Council and
City.
Mayor Benson thanked the Staff and noted that sometimes the
Council does not say thanks enough. He felt the Staff worked
hard. He thanked the Boards and the public in general for
their input. Without the Staff and Boards the Council
meetings would be very dull. Mayor,Benson thanked the
reporters and said for the most part, they reported the news
as best as they saw it. There has not always been agreement
but this is healthy. He said he felt the papers did an
excellent job regarding the recent Charter Amendment
election. It was too bad that the citizens did not grasp the
situation.
Mayor Benson thanked officials from other cities, counties
and the Lino Lakes Senior Citizens group. He said everybody
is needed and he appreciated all of their input.
Mayor Benson thanked the Council and reminded the Council of
Mr. Long's comment earlier this evening. Mr. Long said the
Council looked professional and Mayor Benson felt that meant
a lot.
Mayor Benson expressed his thanks to former Councilman Don
Marier. He did many things for this City and helped Mayor
Benson at times.
Mayor Benson said he felt he had been a good leader and
thought he became aware of the time when this City needed an
individual like him. However, he noted that the City is
entering a different time and the beginning of a decade and a
change may be a good idea. He said he felt good about the
things that he helped accomplish, however, he felt many
things are yet to be accomplished in this City. Mayor Benson
said that if the Councilmembers work together this will
happen. All things come to an end like good vacations, a
beautiful sunset an so on.
The Council gave Mayor Benson a standing ovation.
These minutes were considered and approved at a regular Council meeting held
on December 26, 1989.
Marilyn . Anderson, Clerk- Treasurer Benjamin G. Benson, Mayor
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CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 11 - 89
AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDING
SECTION 701. LIQUOR LICENSING
The City Council of the City of Lino Lakes, Anoka County,
Minnesota does ordain:
I.
Subdivision 3. Hours. of Section 701.09 is hereby amended to
read as follows:
No on -sale or off -sale of liquor shall be made, nor any
licensed premises be occupied, after 1:00 A.M. on Sunday
nor until 8:00 A.M. on Monday, except that a holder of a
Sunday On- -Sale license may sell liquor between 12:00
noon and 1:00 A.M. on Mondays. No on -sale shall be made
between the hours of 1:00 A.M. and 8:00 A.M. on any
weekday. No on -sale shall be made after 8:00 P.M. on
December 24. No off -sale shall be made before 8:00 A.M.
or after 10:00 P.M. of any day except that no off -sale
shall be made on December 24 after 8:00 P.M. No off -
sale shall be made on Thanksgiving Day; or Christmas
Day, December 25.
II.
This ordinance shall be effective thirty (30) days after its
passage and publication as required by the City Charter.
Passed by, the Council of the City of__L -i
day of
akes this
Marilyn G. Anderson, Clerk - Treasurer
enjami
Benson, Ma or