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.
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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
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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.
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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
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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
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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
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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
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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
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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