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HomeMy WebLinkAbout12/11/1989 Council Minutes1 1 1 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 PAGE 1 COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 2 1 COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 3 3 86 v COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 4 1 1 1 1 1 COUNCIL MEETING DECEMBER 11, 1989 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. PAGE 5 COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 6 1 1 1 COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 7 9 9 0 4 COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 8 1 1 1 COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 9 _COUNCIL MEETING DECEMBER 11, 1989 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 PAGE 10 1 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