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HomeMy WebLinkAbout01/08/1990 Council Minutes1 COUNCIL MEETING JANUARY 8, 1990 City Attorney Hawkins administered the oath of office to Mayor Elect, Harold L. Bisel and Council Member's elect, Sally Kuether and Vernon F. Reinert. MAYOR BISEL'S ADDRESS TO THE COUNCIL Mayor Bisel told the Council that he was very excited to be involved in the decision making process of the City of Lino Lakes at the beginning of the last decade of this century. He explained that before he started his term in office he expressed his appreciation to many friends and people in the community for their confidence and support. He especially thanked his wife Evelyn for her encouragement and help in running for office and for her understanding and unselfishness for the times when it is necessary for him to be at meetings. Mayor Bisel expressed special appreciation to Don Marier who helped him through his first years on the Council. Mayor Bisel expressed pleasure at welcoming a new Council Member, Sally Kuether. Council Woman Kuether has been a member of the Planning and Zoning Board and is currently a member of the Charter Commission. Mayor Bisel also explained that he felt the new Council will remain strong with the re- election of Council Member Reinert and with Councilmember and City historian Bill Bohjanen and Andy Neal who works with senior citizens through the Anoka County Assistance Program. He looked forward to many accomplishments benefiting the City by such experienced members. Mayor Bisel reviewed some procedural changes and outlined how he would like to conduct the Council meetings. As in the past there will occasions when work sessions will be needed. Mayor Bisel said he would like to hold these meetings to an hour or less and to keep them on specific topics. He asked the Councilmembers to let the City Administrator know if they have a time preference. Mayor Bisel explained that he would like each Councilmember to have an opportunity to speak on the issues before the Council for consideration. For these sessions to move in an orderly manner, Mayor Bisel asked that each Councilmember ask for permission to speak before giving his point of view. He also asked that he be advised when he fails to recognize someone. Mayor Bisel explained that one of his objectives this term is to keep the public informed and to improve communications. The broadcasting and taping for future showing of Council and Committee sessions is a step in that direction. He explained that he feels the public has a right to know how each Councilmember votes on issues, therefore when such items as expenditures of funds, ordinance changes and matters involving staff are voted upon, he will ask the Clerk to call to roll and each individual vote will be recorded. The roll COUNCIL MEETING JANUARY 8, 1990 call will be rotated with each vote. Mayor Bisel also asked that when a member votes in the minority position either yes or no, it would be informative to the citizens if that particular Councilmember would state why he has taken this position. Mayor Bisel said he would be setting some work sessions of the City Council to set goals for the City and Staff and to establish a plan of action which will provide guidance to committees and boards. In addition he will present the State of the City address in the near future and will at that time offer further suggestions for consideration. Mayor Bisel noted that we (the Council) serve at the will of the people to set policy for the Staff to follow and operate the City. Some decisions will be difficult to make and expressed the hope that the Council will be able to discuss issues without involving personalities. In addition, he hoped we will be able to respect the view of others as we want them to respect our views. Again he thanked everyone. Mayor Bisel called the first session of the 1990 City Council to order. Council Members present: Neal, Kuether, Reinert, Bohjanen. Council Members absent: none. City Attorney, Bill Hawkins; City Engineers, Dan Boxrud, Darrell Schneider and Brian Bourssa; City Planner, John Miller; Public Works Director, Don Volk; Building Inspector, Pete Kluegel; Chief of Police, Dean Campbell; City Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Budget Work Shop, December 20, 1989 - Mr. Reinert moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. Regular Council Meeting, December 26, 1989 - Mr. Neal moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried with Mr. Bohjanen abstaining. CONSIDERATION AND APPROVAL OF DISBURSRMENTS December 29, 1989 - Mr. Neal moved to approve these disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. January 8, 1990 - Mr. Reinert moved to approve these disbursements as presented. Mr. Neal seconded the motion. Motion carried unanimously. COUNCIL MEETING JANUARY 8, 1990 OPEN MIKE No one appeared under Open Mike. PLANNER'S REPORT - JOHN MILLER Second Reading, Ordinance No. 12 - 89, Amending Utility Pole Heights - Mr. Miller explained that at the first reading of this ordinance, the Council asked that it be amended to require power lines be considered conditional uses and that their specific exclusion from the Executive housing districts was probably discriminatory. Requiring a conditional use permit for power poles would allow the Planning and Zoning Board and the City Council the ability to review the request and it could be denied if the request did not meet the regulations. It would also allow for the ability to amend the plans submitted based on locations and esthetics. The revised draft ordinance was reviewed with the Public Works Director and he suggested that the poles needed for softball and hockey facilities be excluded from the more restrictive requirements. The revised draft includes this language. Mr. Bohjanen asked if this would affect any of the current parks close to residential areas. Mr. Volk said no, and hopefully there will not be any future fields located adjacent to houses. Mayor Bisel asked what would be the affect if the Council adopted Option #3 and amend the draft ordinance so that the City would have to obtain a Conditional Use Permit for softball and hockey light poles. He noted that everyone including the City would be treated the same. Mr. Schumacher explained that this may be a duplication of work since normally when a park development plan is presented to the City, input is gathered from adjoining neighbors at the Park Board hearings. Mr. Volk explained that the normal procedure when considering a new park facility is to present the plans to the Park Board and the Planning and Zoning Board and then present their recommendations to the Council. He noted that softball fields are most feared by neighbors because of the lights and the types of people they attract. Mr. Neal moved to adopt Ordinance No. 12 - 89 and approve Option No. 1. Mr. Bohjanen seconded the motion. Voting on the motion,: all Council Members and Mayor Bisel voted aye. Motion carried unanimously. This ordinance can be found at the end of these minutes. Second Reading, Ordinance No. 07 - 89 Reducing the Number of Members on the Planning and Zoning Board and Renaming the COUNCIL MEETING JANUARY 8, 1990 Board "Design Review Board" - Mayor Bisel explained that he originally had requested that this ordinance be considered. When looking at the Planning and Zoning Board (P & Z) as a whole, this revision would make them more accountable. The name change would reflect what the City is attempting to do with this Board. They would review various designs and requests and make recommendations to the Council. The City Planner would be more accountable for the planning aspect of the City. Mr. Reinert asked if there was anything that might not be appropriate or required by State Statute. Mr. Miller said he had reviewed this matter with Mr. Hawkins who requested that the ordinance contain reference to state statute so there would be no misunderstanding that the Design Review Board will function as the "planning agency" for this City. Mayor Bisel said he felt that with the re- organization and reduction of this Board, some time will be required on the part of the Council to set down direction so they can function to the best of their ability. Mr. Bohjanen moved to approve Option No. 1, the second reading of Ordinance No. 07 - 89. Mr. Reinert seconded the motion. Mayor Bisel and all Council Members voted aye. Motion carried unanimously. This ordinance can be found at the end of these minutes. ENGINEER'S REPORT - DARRELL SCHNEIDER Consideration of Cost Alternatives on Second Avenue - Mr. Schneider has prepared a letter to Mr. Schumacher outlining three cost alternatives for the improvement of Second Avenue. Mr. Schneider briefly outlined each alternative. This matter has been brought to the attention of the Council so that they can determine when curbs and gutters should be installed on the project. Mr. Schneider explained that currently Mr. Hawkins is proceeding with easement acquisition, the plans and specifications are complete and will be submitted to MnDOT tomorrow. Construction is scheduled for May and will take approximately six (6) months. A portion of the street will be surcharged and will sit over winter until the spring of 1991. This will take construction through a freeze /thaw cycle and the movement of the street will be calculated. Mr. Neal explained that he was not sold on the idea of installing curbs and gutters before the spring of 1991 and noted the problem with a section of Main Street. Mr. Schneider explained that MnDOT will require that curbs and gutters be installed on the portion of the street north of the low lands. However, the City does have an option regarding curbs and gutters on the south 500 to 600 feet. 1 1 1 COUNCIL MEETING JANUARY 8, 1990 Mayor Bisel asked if once the curbs and gutters are installed is there a risk of loosing it in a heavy rain or freeze /thaw cycle. Mr. Schneider said no, but over a period of time, settlement could cause damage and portions may need repair or replacement. The portion of Main Street that has been repaired was discussed. Mr. Volk explained what had .caused the problem. Mr. Schneider explained that every reasonable precaution will be taken in the construction of Second Avenue to try and prevent this type of problem. The only other alternative for Second Avenue would be to excavate the entire road bed and this would not be feasible and probably the DNR would not issue permits for such work. Mr. Volk explained that he has requested that the entire length of Second Avenue be constructed with curbs and gutters. He felt the risk of loosing some curbs and gutters does not out weigh the safety factor and noted that most of the complaints received regarding the upgrading of Main Street were from people who did not get curbs and gutters in front of their property. He also noted that this type of construction is not foolproof. Mayor Bisel referred to a portion of 20th Avenue that had been upgraded by Anoka County this past summer. It sat all summer and was blacktopped later in the fall. Now it is cracked and in poor condition. There was further discussion regarding the function of curbs and gutters. Mr. Schneider explained that what ever their decision tonight, it is not irreversible. As the project proceeds and calculations are obtained, more information will be available to make the final decision. Mr. Reinert said he felt that Main Street was not constructed properly and should have had curbs and gutters constructed along the entire project. As you drive into the City everything looks piece meal and is not aesthetically pleasing. Mr. Reinert moved to approve alternative No. 3 with curb and gutter constructed along the entire wetland. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. PUBLIC HEARING - SUNSET ROAD SEWER AND WATER RATE INCREASE, RESOLUTION NO. 01 - 90 Mayor Bisel opened the public hearing at 7:43 P.M. Mr. Schumacher gave a brief background on this matter. The sewer and water services were constructed by the City of Blaine during the summer of 1986. Public hearings were held here at the Lino Lakes City Hall and all residents were offered the COUNCIL MEETING JANUARY 8, 1990 opportunity to hook up to the Blaine services at the same cost as the Blaine citizens. This was a greatly reduced cost. The Joint Powers Agreement was drawn up and sent to the City of Blaine for signatures. During this time, there were staff changes in Blaine and also in Lino Lakes. In addition other more pressing matters were occupying the Lino Lakes staff and the Joint Powers Agreement was not completed and signed until November 13, 1989. During this period of time, Lino Lakes residents who were connected to the Blaine utilities were paying quarterly service fees to the City of Blaine rather than the City of Lino Lakes. The fees charged by the City of Blaine are considerably lower than those charged by the City of Lino Lakes. After the Joint Powers Agreement was completed, Mr. Schumacher brought this matter to the attention of the City Council. The Council has a policy that all residents in Lino Lakes will pay the same quarterly rate no matter who provides the service and also pay the service fee to the City of Lino Lakes. The City of Lino Lakes pays the City of Shoreview its regular charge and should be handling the Lino Lakes citizens hooked to the Blaine utilities in the same manner. If this procedure were followed, all Lino Lakes residents would pay the same quarterly rate. Mr. Schumacher also noted that the City Charter states that the City Council shall endeavor to make each municipal utility financially self- sustaining. About a year and one half ago the Council reviewed the financial condition of the utility fund and did make rate adjustments. These are the rates all Lino Lakes utility customers are paying at this time regardless if they receive service from Lino Lakes or from Shoreview. He noted to be consistent and to follow the Council policy, Lino Lakes residents connected to the Blaine utility system should be paying the same rates. Unfortunately it appears because of the long length of time it has taken to get this all in place that the City of Lino Lakes is trying to discover additional sources of revenue. Mr. Neal asked who is currently billing these residents. Mr. Schumacher explained the City of Blaine. Mr. Neal asked if anyone remembered if these residents were told the quarterly users fee at any of the hearings. It was not determined if this matter was ever discussed. Ron Bennett, 6966 Sunset Road - Mr. Bennett explained that he hooked up immediately to the Blaine utility system because Lino Lakes could not serve his area. However, now the Lino Lakes utility system comes within two (2) blocks of his home. Mr. Bennett said he has talked to Blaine and other communities and Blaine explained that they made the service available to the Sunset Road residents so that the road could be properly constructed. Blaine also explained that they are responsible for upkeep and maintenance of the system and Lino Lakes has nothing to do with their system. Blaine says that 1 1 1 1 1 COUNCIL MEETING JANUARY 8, 1990 the.only reason they signed the Joint Powers Agreement is to get the money that has been withheld for each of the residents who agreed to be ashessed. Mr. Reinert explained that the City of Blaine initially requested that the City of Lino Lakes participate in the improvement. Blaine wanted Sunset Road to be reconstructed to state aid standards and Anoka County would not do this unless it was agreed to provide utility hook ups for the Lino Lakes residents. He noted that it is difficult when the completion of all matters takes such a long time. However, he felt it was not proper for another community to charge Lino Lakes residents for services. He also noted that Lino Lakes does not have many utility users and that is why are user fees are so much higher. Mr. Bennett explained that Lino Lakes did not provide the service, is not maintaining the system and cannot provide him with service. He asked why he should pay Lino Lakes anything. Mayor Bisel explained that if Lino Lakes excludes the Sunset Residents from this Joint Powers Agreement, then Lino Lakes would have to also exclude the residents in Lino Lakes connected to the Shoreview system. He also noted that funds could not be released to Blaine until the Joint Powers Agreement was completed and they held up the completion of it. Mr. Bennett said that Lino Lakes is saying that they helped the Sunset Road residents. He said Lino Lakes gave them nothing. Mayor Bisel said this was not true, the Council could have said no to the City of Blaine's original request and then you would not have been able to connect. Mr. - ca-1-said that according to the City Charter the City cannot subsidize the sewer and water fund. This means that whoever is using the sewer and water must pay for the operation of the system. He asked what would happen if the City did subsidize the sewer and water fund. Mr. Hawkins said that some Lino Lakes residents could take action against the City Council contending that the Council is not following the City Charter. Mr. Reinert explained that it was not uncommon for cities to purchase services from other entities. The cost difference here is due to the small number of users in Lino Lakes. These rates will never come down if the City allows its residents to purchase directly from other entities. Mr. Bennett said he had the opportunity to get sewer and water service without paying an ungodly assessment. Now suddenly, three years later although this City is not maintaining the system the City wants a three times higher quarterly users fees. COUNCIL MEETING JANUARY 8, 1990 Mr. Bennett asked what would happen if Lino Lakes constructed utilities at the back of his home. It was explained that he would not be assessed. He said he did not feel he should pay for service from Lino Lakes and not get anything for it. Mayor Bisel explained that Lino Lakes did do something for him, they established the Joint Powers Agreement so that he could be served. Mr. Reinert asked Mr. Bennett what he thought this Council should do. Mr. Bennett said allow the situation to continue as it has the past three years. Mr. Reinert said that he was asking the Council to disregard the City Charter. He noted that if this was brought up at the beginning and it was explained that they would be subject to the Lino Lakes users fees, this could have been avoided. He noted that the Sunset Residents have had a rate break for the past three years. He explained that the only way this could be resolved was for that area to be annexed by the City of Blaine. Mayor Bisel explained that under the terms of the City Charter the Council must impose the higher fees. He noted that the Council must operate within the Charter. Mr. Bennett asked if sewer and water service were made available in his area by the City of Lino Lakes, would he be affected. Mayor Bisel said he hoped he would not be on the Council at that time. Mr. Bennett told the Council that he is requesting that the user quarter billing be through the City of Blaine and not the City of Lino Lakes. Mayor Bisel told Mr. Bennett he would have the City Administrator check to be sure that all Lino Lakes users pay the same quarterly fees. Floyd Matti, 7848 Sunset Road - Mr. Matti explained that he is in the area near the freeway that was provided service from the City of Blaine at a higher cost. He paid more for his sewer service than the other residents paid for both sewer and water. He asked if the City of Lino Lakes has Joint Powers Agreements with other utilities such as gas and electric. It was explained that the City has franchises. He asked why there is only one utility under this Joint Powers Agreement. He said he felt that he was being penalized. He noted that at the time he was negotiating with the City of Blaine for sewer service the cost was higher than what the other residents paid for sewer and water, he came before this Council and the Council told him it was his problem and did not help him. Mr. Bennett asked if Lino Lakes has a hook up fee. The fee structure was explained. He asked since the fee in Blaine is much higher, will he get a rebate on the one he paid Blaine. He would not get a rebate. Mayor Bisel said that the hook up is already completed, tonight we are discussing users fees. 1 1 1 1 1 COUNCIL MEETING JANUARY 8, 1990 Mr. Matti asked if the shoe was on the other foot, would this City turn around and refund the citizens the money they were overcharged the past three years? Mr. Reinert said that this meeting is to bring all Lino Lakes residents into compliance. Mr. Bohjanen felt that Mr. Matti was missing the point. Something was not completed and if the rates were as Mr. Matti proposes, Lino Lakes would still have to bring them into compliance. He noted that people do make mistakes. Mary Ann Regnier, 6932 Sunset Road noted that the Council is saying that Lino Lakes is not able to subsidize the sewer and water fund. She asked if Blaine was not covering all of the sewer and water charges? Are you saying that Blaine is not covering all of the sewer and water charges and because of this there is money coming out of the Lino Lakes funds to subsidize the Blaine service? If this has not happened do you anticipate this happening? If not why are we concerned about subsidizing? You are talking about money subsidizing a service that is not costing anybody else anything. Mayor Bisel explained that the Council is saying that the City is trying to be consistent within the City. We operate under the Charter and Joint Powers Agreements with other communities. In fairness to other citizens of Lino Lakes who are on other utilities systems, if you do not have to comply neither do they. The result of this would be a billing system that would not be workable and the City of Lino Lakes does not get a source of funds for the City. We have to be able to build this community. Mrs. Regnier asked why the residents were not apprised of the fact that there would be a Joint Powers Agreement and the user rates would be based on the Lino Lakes rates and not the Blaine rates. Mayor Bisel said he thought this was explained. She also noted that the residents do not have to hook up to either water or sewer. She explained that she hooked up to water utility originally but has just recently hooked up to the sewer service. She noted that she probably would not have hooked up had she known about the rate increase. Mrs. Regnier told of her experience in trying to hook up because of the change of staff at Blaine. She asked if there were minutes covering this and Mayor Bisel explained there were minutes and the residents would be provided a copy of the minutes and a copy of the Joint Powers Agreement. Merrilee Oreguela, 6940 Sunset Road explained that she just hooked up to the sewer and water utility last month and heard nothing about the rate increase. She asked if the Charter set up all of the assessments because none of the residents were assessed the same amount for the same service. (note: all residents were assessed the same amount). Mrs. Oreguela said that four years ago they had just closed on their house when Blaine was putting in the services. Lino Lakes refused to allow them to hook up because Lino Lakes did not have any more money. Mrs. Oreguela hooked up a month ago and COUNCIL MEETING JANUARY 8, 1990 explained that she paid a different assessment than her neighbors. She noted that her neighbors would be unhappy to know that she paid a lower assessment. (Note: The assessment for 6940 Sunset is $4,569.00. The assessment for all of the original residents was $4,250.00. At the same time there was a street assessment for all residents along Sunset Road. I think Mrs. Oreguela does not understand that assessment is already on her property taxes.) Mrs. Oreguela went on to explain that originally she received an assessment quotation from Lino Lake for over $10,000.00. She then hired a professional assessor to evaluate her home and they told her that sewer and water would not increase the value of her home in the amount of $10,000.00. Mrs. Anderson explained to Mrs. Oreguela that the original figure was based on what is happening in all of Lino Lakes. Mrs. Anderson reminded the City Engineer that the assessment for Sunset Road was a unique situation and the figure was recalculated. The sewer and water assessment for Mrs. Oreguela is higher than her neighbors because of the ENR Cost Index adjustment. Mrs. Oreguela asked why all assessments were not in the same amount. Mrs. Anderson explained all of the original assessments were in the same amount but because Mrs. Oreguela did not hook up at the same time, her assessment is higher. Mrs. Oreguela explained that when she first moved into her house she was not able to connect to the sewer and water service. Mrs. Anderson explained that originally all residents were allowed to come in. However, she had not asked to come in with the others and the Council policy did not allow for additional hookups. About a year later the Council policy was amended and this allowed Mrs. Oreguela to connect and have the assessment added to her property taxes. Mrs. Oreguela explained that when everything was put together and she was allowed to connect it is Blaine who is provided the services and sold them the water meter. Blaine did everything. She asked why she was not informed that the Joint Powers Agreement was already signed when she hooked up. (Note: A changeover permit was pulled for the Oreguela residence on November 15, 1989, and the receptionist would not have known that this was a special case and to notify me regarding assessments and rates. I was notified on December 4, 1989 by the City of Blaine regarding the hook up and immediately sent her a letter regarding her proper assessments. Mrs. Oreguela was sent a letter on December 8, 1989 about this public hearing and the proposed rate changes. This was the same day I notified all of the other residents along Sunset Road.) Mr. Reinert said he was surprised that she was not notified by her attorney regarding assessments when she purchased her home. Mrs. Anderson explained that there were no assessments or pending assessments unless the resident gave written consent to be assessed. Mrs. Oreguela felt that there was no excuse for not letting her know that there was the 1 1 1 1 COUNCIL MEETING JANUARY 8, 1990 possibility of a rate increase at the time she hooked up to Blaine. She would not have hq oked up had she known that Lino Lakes would be billing her. Mr. Reinert said that Mrs. Oreguela assumed that Blaine would be billing her and he further explained that this whole matter has been an administrative problem since the beginning. Mrs. Oreguela also said that she was almost forced to sign an agreement for a $10,000.00 assessment. Then suddenly she was told her assessment would be less than $5,000.00. Mrs. Anderson had already explained how this had happened and that Mrs. Anderson had requested a correction, not Mrs. Oreguela. Mr. Schumacher explained the process when someone wants to know an assessment for their property. Mrs. Anderson caught the error and asked the Engineer to correct the figure. Ms. Kuether explained that an assessment was reduced for one of her clients and Mrs. Anderson worked with her so that no money was sent to the City until the final assessment was known. Larry Regnier, 6932 Sunset Road asked how much money is Blaine going to charge Lino Lakes for users fees. It was explained that Blaine will charge Lino Lakes their current rates, but Lino Lakes will bill the residents the Lino Lakes current rates. Mr. Regnier asked if there was any justice in this? Mayor Bisel said yes, and explained. The City must operate within the Charter and set rates that are consistent. The City of Lino Lakes is buying a service from Blaine and selling it to the residents. We do not have the number of users that will allow reduction in rates, but as more people hook up rates will become more comparable with other communities. Mrs. Oreguela asked why she was not informed about the rate increase at the time she hooked up. Mayor Bisel explained that we did not have a signed Joint Powers Agreement from the City of Blaine at that time. Mr. Bennett explained that the hook up charges in Blaine are much higher in the City of Blaine than in Lino Lakes. He asked if he would be refunded the difference. Mayor Bisel said no. We do not have a utility system that the Sunset residents could hook up to and therefore there is no choice. Mr. Bohjanen moved to close the public hearing at 8:52 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Neal moved to approve Option No. 3 and return this matter to the Staff for further study and asked that all the records and minutes regarding this matter be researched and sent to the Council. The was no second to this motion. Mr. Reinert said he would like to give these residents service for $10.00 but the bottom line is that the Council COUNCIL MEETING JANUARY 8, 1990 does not have a choice. The residents of Lino Lakes cannot subsidize the utility fund. Ms. Kuether asked if there was any record that the rates would be set in the Joint Powers Agreement. Mayor Bisel said that he could not recall that anything was ever mentioned about rates. Mr. Reinert said that he felt that giving the residents the option to connect or not connect sometimes causes more problems than can be foreseen. It appears there could be residents connecting to the services for fifty years. He felt this entire area needed further study. Maybe when utilities are constructed, it should be done right even if it seems harsh. Mr. Bohjanen moved to table action on this matter until the next Council meeting. Mr. Reinert seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Staff will research this entire matter and send minutes and a copy of the Joint Powers Agreement to Mr. Bennett and anyone else requesting this information. CONSIDERATION AND AUTHORIZATION TO DIVIDE OUTLOT "F" Mr. Schumacher explained that notices were sent informing the residents surrounding Outlot "F" regarding a meeting at City Hall. This meeting was held to determine if there was still interest on the part of residents to purchase portions of this Outlot. Individuals were asked to submit letters of intent if they were interested in purchasing a portion of the Outlot. Twenty One (21) letters were received and tonight Mr. Schumacher is asking for authorization to plat Outlot "F" so that it can be divided and deeded to the residents. Mr. Reinert moved to approve Option #1 authorizing staff to begin the process of platting the lots based upon the responses from the surrounding residents. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Mayor Bisel thanked Mr. Reinert for his efforts in bringing this matter closer to completion. CONSIDERATION AND AUTHORIZATION TO PARTICIPATE IN 1990 AMBULANCE /PARAMEDICS SERVICE, WHITE BEAR LAKE Mr. Schumacher explained that because of the long response time needed by the Centennial Fire District to the southeast corner of Lino Lakes, the Council has in the past felt it necessary to provide emergency service from White Bear Lake. Mayor Bisel said he has called a number of people in that area and asked them if they were satisfied with the service. Some residents were not aware that this service was available 1 1 1 1 COUNCIL MEETING but others were happy with it. JANUARY 8, 1990 Mr. Reinert moved to approve the 1990 Fire and Paramedic Service Contract with White Bear Lake under Option No. 1. Mr. Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF 1990 ANNUAL MUNICIPAL APPOINTMENTS Design Review Board (Planning and Zoning Board) - Mayor Bisel noted that Council Member Kuether has resigned from the Design Review Board and thanked her for her services on that Board. In addition, Ordinance No. 07 - 89 was finalized this evening reducing the membership of the Board to five positions. Three terms expired on December 31, 1989 and there was a vacancy on the Board due to the resignation of Elmer Crohn earlier in the year. The result is that three of the five positions on the Board must be filled. Mayor Bisel explained that during the consideration of reducing the size of this Board and changing its name, he has talked to a number of people in the community. Mr. John Bergeson, a member of the Economic Development Committee has indicated that he would like to take the position vacated by Council Member Kuether. Mayor Bisel noted that this appointment would allow for continuity and provide feedback between the two committees. He also noted that there will have to more emphasis placed on economic development within this City. Mayor Bisel noted that Mr. Robinson has indicated that he would like to be re- appointed to his position on the Design Review Board and Mrs. Monica Slatten has expressed interest in the third vacant position. Mayor Bisel felt that it is important to have a female on this Board. Mayor Bisel recommended that the Council accept these recommendations for the three vacant positions on the Design Review Board. Mr. Reinert explained that in all due respect to the fact that Mayor Bisel has just assumed his position and wishes to steer his administration in a particular direction, he wanted to note that this is a deviation from the normal procedure with annual appointments. Mr. Reinert said he strongly believed the Council must maintain openness in government and this should be kept in mind when these appointments are made. He said he felt these people should have come forward as well as others. Since Mr. Bergeson is going to assume the position for one year the Council can assess the value of this after the one year. Mr. Reinert said the Council has an obligation to the citizens to keep their minds open and will respect this. Mr. Reinert said he would respect Mayor Bisel's wishes and moved to approve the appointments recommended by Mayor Bisel. Mr. Neal seconded the motion. Voting on the motion, Mayor COUNCIL MEETING JANUARY 8, 1990 Bisel and all Council Members voted aye. Motion carried unanimously. Mayor Bisel told Mr. Reinert that he appreciated his comments and agreed 1009 but felt that time is critical this year and carry over as well as female involvement was crucial to this Board. Park Board - Mayor Bisel noted that three (3) terms have expired December 31, 1989 and all three of these members have expressed a desire to be re- appointed. Mr. Neal moved to re- appoint the three (3) members whose terms expired December 31, 1989, Kenneth Johnson, Candace Toffoli and George Lindy. He explained that they have worked well together and have done a good job. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Economic Development Committee - Mayor Bisel noted that three (3) terms have expired December 31, 1989. He noted that this committee is trying to get something going in the way of commercial development in Lino Lakes and need to continue their efforts. Mayor Bisel also noted that consideration is being given to enlarging this committee. Mr. Bohjanen moved to re- appoint Pat Smith, Warren Tester and John Bergeson to the Economic Development Committee. Ms. Kuether seconded the motion. Motion carried with Mayor Bisel, Ms. Kuether, Mr. Reinert and Mr. Bohjanen voting aye. Mr. Neal abstained. Mr. Reinert asked if Mr. Roger Jensen has been serving a purpose on this committee. Mr. Schumacher explained that Lino Lakes wants to keep the door open to his expertise and although he does not attend regularly. Council Liaison's Mayor Bisel appointed the following Council Liaison positions: Charter Commission Chamber of Commerce Vadnais Water Management Dist. Acting Mayor Assessor Ways and Means Committee Council Member Kuether Council Member Kuether Staff Council Member Reinert Anoka County Assessors Office (This is done by contract) Mr. Reinert moved to continue the Anoka County Contract and specify that Jeff Neinaber be appointed the Assessor for Lino Lakes. Mr. Bohjanen seconded the motion. Motion carried with Entire Council COUNCIL MEETING JANUARY 8, 1990 Mayor Bisel and all Council Members voting aye. Fire District Audit Committee Staff Fire District Steering Committee Mayor Bisel recommended that Mr. Neal and Mr. Reinert continue as this is still in the crucial structuring period. Former Mayor Benson had indicated that there are several issues yet to be resolved. Centennial Community Education Advisory Board Anoka County Law Enforcement Task Force Anoka County Parks Committee Consultants Attorney Engineer Fiscal Agent Weed Inspector Council Member Kuether moved to nominate Mr. Neal and Mr. Reinert to the Steering Committee. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Mayor Bisel explained that he was not familiar with this Board and asked to delay action and make it a work session item. Andy Neal Staff. Mr. Neal suggested that Mr. Marty Asleson be the primary staff person since he is familiar with this committee Mr. Neal moved to appoint Burke and Hawkins. Mr. Reinert seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Mr. Reinert moved to continue the current arrangement with TKDA and SEH and with Mr. Schneider representing TKDA and Mr. Boxrud representing SEH. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Mr. Bohjanen moved to continue Springsted, Inc. as fiscal agent. Mr. Neal seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Mr. Reinert moved to continue Mr. Mike Hoffman as weed inspector. Mr. Neal seconded the motion. Motion carried with COUNCIL MEETING JANUARY 8, 1990 Civil Defense Director Health Officer Animal Control Legal Newspaper Mayor Bisel and all Council Members voting aye. Mr. Reinert noted that by State Law the Mayor is the Weed Inspector. Mr. Bohjanen moved to continue Charles Cape as Civil Defense Director. Mr. Reinert seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. It was noted that this is the last year that this will be considered a separate department. It will be combined with the Police Department. Mr. Reinert moved to continue Anoka County Health Department as Health Officer. Council Member Kuether seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Anoka County Humane Society has been handling this area for some time. They now have proposed a monthly contract. With the help of the Community Service Officer this area has been significantly improved. Mr. Reinert moved to continue with Anoka County Humane Society. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Mr. Bohjanen moved to continue the Quad Press as legal newspaper and noted that they do a tremendous job. Mr. Neal noted some concern that in some areas of the City people are leaving the Quad Press in the paper boxes and want to get their news in the Circulating Pines. He suggested that the legal publications be printed in the newspaper that covers the area covered by the legal publication. Mr. Schumacher suggested that the Council name the legal newspaper and then set a policy indicating which additional newspaper should carry a particular legal publication. Cost of such a policy is a concern and setting a policy appeared most important. There was no second to Mr. Bohjanen's motion and Mr. Reinert asked Mr. Neal to get together with Mr. Schumacher and look at a possible policy. Legal Depositories There was discussion regarding the number of agencies on the list of depositories. Mr. Schumacher explained each agency was selected for a particular reason and to 1 1 1 1 1 COUNCIL MEETING JANUARY 8, 1990 allow the City to invest at the best possible rate and use various forms of investment. Mr. Reinert moved to approve the list of depositories. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council members voting aye. OLD BUSINESS Mr. Schumacher reminded the new Council Members of the January 27, 1990 League of Minnesota Conference Newly Elected Officials. Mr. Neal asked if anything had been done with the senior housing issue discussed at the last Council meeting. Mr. Schumacher explained that he is making inquiries at the state regarding funding. NEW BUSINESS Fire Department Disbursements - Mr. Schumacher explained that Mr. Neal has a list of disbursements for the Fire District and two persons will have to be appointed to sign checks for these disbursements. The Joint Powers Agreement for the Fire District states that the Steering Committee has the right to review all bills for the Fire District and all bills will have to be reviewed by each city in the District. These disbursements will be in the Council packet in the future. Mr. Reinert moved to ratify the disbursements for the Centennial Fire District. Mr. Bohjanen seconded the motion. Motion carried with Mayor Bisel and all Council Members voting aye. Auxiliary Police Department - Mr. Neal moved to start an Auxiliary Police Department not to exceed ten (10) members who can work a maximum of 180 hours per year. He felt this program would cut down on hiring patrolman and overtime. The applicants would be screened through the Police Department. He noted several other agencies who use auxiliary personnel. Mr. Bohjanen seconded the motion. Mr. Neal explained that Chief Campbell is in favor of this recommendation and noted that it takes about a year to get this operational. Mr. Reinert said that he did not know much about this matter and asked that the motion be amended to read rather than start the department, present the concept for study and determine how it will fit Lino Lakes. Mayor Bisel suggested that such items as liability be part of the study. Mr. Neal and Mr. Bohjanen said that they would accept the amendment. Fire District Steering Committee - Mr. Reinert said that he is hoping to get together with all three City Administrators COUNCIL MEETING JANUARY 8, 1990 and get the Steering Committee rolling again. Such items as burning permits still need to be resolved. Mrs. Anderson told the Council that the Board of Review has been set for April 10, 1990. Mr. Neal moved to adjourn at 9:50 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered /corrected and approved at a regular Council meeting held on January 22, 1990. . Anderson, Clerk Treasurer 7!Ig/L'4, �� /sue arold L. Bisel, Mayor 1 1 CITY OF LINO LAKES COUNTY OF ANOKA Ordinance #12 -89 AN ORDINANCE AMENDING THE CITY CODE, APPENDINX B, ZONING ORDINANCE OF THE CITY OF LINO LAKES LIMITING THE HEIGHT AND LOCATION OF UTILITY POLES, TOWERS, AND OTHER ELECTRICAL APPURTENANCES. The City Council of the City of Lino Lakes ordains: SECTION I. Appendix B, Section 4, Subdivision 9 of the Lino Lakes City Code is amended to read as follows: DELETE: Height. The height of structures used for churches, schools, multiple family residential structures, and similar uses may extend to forty -five (45) feet in residential districts. The height of non- occupancy structures such as transmission, radio, television towers and similar types of towers may extend to fifty -five (55) feet in height and two hundred (200) feet in height shall he allowed in the Rural and Light Industrial Districts upon the issuance of a Conditional Use Permit. Also see subdivision 14 of this section. ADD: Height. The height of structures used for churches, schools, multiple family residential structures, and similar uses may extend to forty -five (45) feet in residential districts. In Rural and Industrial districts the height of non - occupancy structures such as radio and television transmission towers shall not exceed two hundred (200) feet in height upon the issuance of a conditional use permit. ADD: 1) The height of utility poles, towers, and other electrical appurtenances shall not'exceed 45 feet of height in any Rural or Single - Family Residential district. 2) The location, appearance, and height of utility poles, towers, and other electrical appurtenances shall be considered a conditional use within each of the city's zoning districts. 3) Exceptions to the height restrictions in the Rural and Single- Family Residential Districts shall be lighting structures for softball /baseball fields and hockey rinks. The maximum height for softball /baseball lighting structures shall be eighty (80) feet and for hockey rinks sixty (60) feet. SECTION II. This Ordinance shall be effective thirty (30) after its passage and publication as required by City Charter. !h Passed by the Council this . — day of Attest: Marilyn A erson, City Clerk 1990. Harold Bisel, Mayor 1 1 1 1 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 07 - 89 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY REDUCING THE NUMBER OF MEMBERS ON THE PLANNING AND ZONING BOARD FROM SEVEN (7) MEMBERS TO FIVE (5) MEMBERS AND CHANGING THE NAME OF THE PLANNING AGENCY TO DESIGN REVIEW BOARD. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Planning Commission Established and Membership Section 212.01 of the Lino Lakes City Code is amended to read as follows: AMENDMENT: 212.01 Planning Commission Established and Membership. A city planning commission to be known as the Design Review Board is hereby established. The Design Review Board shall serve as the city's planning agency as defined by M.S. 462.354. Membership of the Design Review Board shall consist of five members who shall be appointed by the Mayor, with City Council approval, for three year terms commencing on January 1st. Terms shall be staggered so that no more than one -half of the members' terms expire at one time. Both the original and successive appointee shall hold their respective offices until their successors are appointed and qualified. Vacancies during the term shall be filled in the same manner as the original appointments are made for the unexpired portion of the term vacated. Every appointed member shall before entering upon the discharge of his duties, have taken an oath that he will faithfully discharge the duties of his office. II. This Ordinance shall be effective January 1, 1990 after its passage and publication as required by the City Charter Passed by the Council of the City of Lino Lakes this W --day o $ , 1990. ATTEST: Marilyn Harold L. Bisel, Mayor .'Anderson, Clerk - Treasurer