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HomeMy WebLinkAbout09/10/1990 Council Minutes1 1 1 COUNCIL MEETING SEPTEMBER 10, 1990 The regular meeting of the Lino Lakes City Council was called to order by Mayor Bisel at 6:30 P.M., Monday, September 10, 1990. Council Members present: Neal, Reinert, Bohjanen. Council Members absent: Kuether. City Attorney, Bill Hawkins; Engineer's, Dan Boxrud and Darrell Schneider; Planner, John Miller; Auditor's Rob Tautges and Fred Espe; Accountant, Paula Schloer; Parks Director, Marty Asleson; Public Works Director, Don Volk; Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES August 27, 1990 - Council member Bohjanen moved to approve these minutes as presented. Council Member Reinert seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS August 31, 1990 - Council Member Reinert moved to app::ve these disbursements as presented. Douncil Member Nea seconded the motion. Council Member Neal asked about he disbursement for Postage by Phone. Mr. Schumacher ex aired that the City has purchased a new postage machine. S <ff can now dial directly to the post office and the meter ca be filled by telephone. Voting on the motion, motion carried unanimously. September 10, 1990 - Council Member Bohjanen moved tc pprove these disbursement as presented. Council Member Neal . seconded the motion. Motion carried unanimously. Centennial Fire District - Council Member Neal moved approve these disbursements as presented. Council Mc er - Reinert seconded the motion. Council Member Neal as by the Fire Chief's salary was not included on the disbc =ment listing. Mr. Schumacher explained that the Fire Chi(: receives a payroll check in the same manner as all at: employees. His salary will be determined annually by Fire District and will be approved by all three Coup= s. If there are additional expenses to be paid to the F:. Chief, These expenses will appear on the disbursemenv::. listing. Council Member Neal noted gas and electric utility e .ses for Stations No. 1 and No. 3. He asked whether the District pays utilities for Station No. 2. Mr. Schu er explained that the City bills for these utilities on quarterly basis so that particular disbursement will y appear quarterly. Voting on the motion, motion carried unanimously. PAGE 1 COUNCIL MEETING SEPTEMBER 10, 1990 OPEN MIRE Ralph Nathe, owner of the 49 Club explained to the Council that he was out of town last week and was unable to prepare an application for an annual dance license for the Council packet. The application is completed and the Council has received a copy this evening. Mayor Bisel told Mr. Nathe that the Council will consider his request under New Business. PRESENTATION OF 1989 ANNUAL AUDIT - ROB TAUTGES, FRED ESPE Copies of the 1989 Annual Audit were included in the Council packets. Mr. Tautges and Mr. Espe used the overhead projector to present the Annual Audit. Mr. Tautges noted several areas of concern. One of the most important is that the State of Minnesota continues to make significant changes to the property taxes. Lino Lakes has lost a significant amount of local government aid (LGA) and will continue to loose in the coming year. Mr. Tautges noted that the General Fund balance continues to increase. He felt this is important and the Council should be watchful and protect this surplus. Mr. Tautges noted that the current special assessment collection rate is less than 70 %. This is a concern and could have an impact on the ability of the City to meet bond payments. This area should be monitored. Mr. Tautges explained the function of the Area and Connection Charge Fund. He felt that this fund should be monitored since a portion of the improvement bond payments will come from this fund. The last area of concern is the amount the MWCC charges Lino Lakes for sewage collection. Mr. Tautges explained that MWCC costs are projected to increase 29% within the year and explained that the Council should review the current user charges to determine if a rate increase is needed. Mr. Tautges noted that the property tax collection rate is excellent for Lino Lakes. He also discussed the actions of the 1989 - 1990 Legislature noting the current shift of local government aids to school districts from municipalities. He explained that an adequate General Fund Balance will provide greater options to the City if the Legislature continues to shift funding. Mr. Tautges also explained to the Council that some legislators are now looking at the General Fund balances of municipalities as a possible place to help balance the State budget. The Council expressed their feelings regarding how PAGE 2 1 1 1 COUNCIL MEETING SEPTEMBER 10, 1990 the 1989 - 1990 Legislature has manipulated local government aid. Council Member Neal asked if there is any money available from the state or federal government to fight drugs. Mr. Tautges explained that federal grants were given to the states who then funnelled the money to the counties. Mr. Schumacher noted that the Lino Lakes Chief of Police is now working with the Sheriff's Department on a particular drug project. Mr. Tautges noted one large source of money to fight drugs has come from the sale of confiscated materials such as vehicles, cash, homes, etc. He noted that some cities are getting very aggressive in this method. The Council thanked Mr. evening. PRESENTATION OF 1990 - KELLY, KELLY AGENCY Tautges and Mr. Espe for coming this 1991 INSURANCE WAIVER OF IMMUNITY BOB- Mr. Kelly handed to the Council an outline of the options available regarding waiving the monetary limits on tort liability insurance. He noted that this Council has never waived immunity and wanted to confirm and clarify the situation. Mr. Kelly recommended that the Council approve Option A which states, "the City does not waive the monetary limits on tort liability established by Minnesota Statutes 466.04 ". Mr. Kelly explained that the current limit of liability is $1,600,000.00. Council Member Reinert moved to approve the recommendation of Mr. Kelly. Council member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. PRESENTATION OF UNITED COMMUNITY NETWORK, INC. CENTENNIAL AREA TEEN CENTER, ANN ROMAN The committee working to establish a teen center had sent to City Hall a packet of information. This packet was copied and sent to all Council Members with their agenda packets. Ms. Roman explained that the committee is in the process of obtaining funding for the teen center. The committee has applied for federal grants but to this point none have been approved. The committee has approached all community organizations requesting help for their project and have received $17,075.00 of in -kind, pledges or cash donations for operating expenses. They are asking the City of Lino Lakes to donate $3.00 annually for each Lino Lakes student attending the Centennial Schools to help fund this project. Ms. Roman explained that presently the committee is targeting students from the Centennial School District and their PAGE 3 COUNCIL MEETING SEPTEMBER 10, 1990 friends. They hope to provide these students with a place they can walk to after school to congregate in a supervised atmosphere. The committee does not plan to hold dances or activities such as this. It will be a drop -in center. Several other sources of funding were suggested to the committee such as the McKnight Foundation and the United Way. Council Member Bohjanen asked if the school district was providing any funding. Ms. Roman said no, but they have provided some services. Mayor Bisel recommended that the Council send this request to the Staff and let the Staff make a recommendation to the Council during budgets work sessions. Council Member Reinert moved to take the request and refer it to the City Administrator who will make recommendations on it as well as several other requests at budget time. There was not a second to this motion. However, it was the consensus of the Council that Council Member Reinert's motion be carried forward. PUBLIC HEARING - REZONE I35E CORRIDOR FROM RURAL (R) TO RURAL- BUSINESS RESERVE (R -BR), ORDINANCE NO. 10 - 90, FIRST READING Mr. Miller explained that this is a house - keeping item. Last spring the Council approved an ordinance creating the R -BR district and approved the concept of rezoning approximately 1,200 acres of land adjacent to I35E to that zoning district. Adoption of Ordinance No. 10 - 90 would create the R -BR zone. Mayor Bisel opened the public hearing at 7:45 P.M. He asked if there was anyone in the audience to speak for or against - the proposed rezone. There was no one to speak for or against the rezone. Council Member Bohjanen moved to close the public hearing at 7:46 P.M. Council Member Neal seconded the motion. Motion carried unanimously. Council Member Bohjanen moved to approve the first reading of Ordinance No. 10 - 90 and to include everything that had been discussed with the residents and dispense with the reading. Council Member Reinert seconded the motion. On a roll call vote, motion carried unanimously. Ordinance No. 10 - 90 can be found at the end of these minutes. CONTINUATION OF PUBLIC HEARING, DEAN QUIMBY, CONDITIONAL USE PERMIT Mr. Miller explained that Mr. Quimby has requested a Conditional Use Permit and a site and building plan approval PAGE 4 1 1 1 COUNCIL MEETING SEPTEMBER 10, 1990 to construct an auto repair shop on two (2) parcels of land south of the billiard hall. The building will be constructed of concrete block and the lower fourth will be natural rock face block. No overhead doors will face the street. Foundation plantings will protect the building from cars and trucks parking there. No variances are required. The plans has been submitted to RCWD and approved. There will be no temporary signs. There was a general discussion regarding business signs in Lino Lakes. Mayor Bisel opened the public hearing at 7:53 P.M. There was no one to speak for or against the Conditional Use Permit. Council Member Bohjanen moved to close the public hearing at 7:55 P.M. Council Member Reinert seconded the motion. Motion carried unanimously. Council Member Reinert moved to approve the Conditional Use Permit for Dean Quimby to operate an auto repair facility as outlined in the Design Review Board (DRB) application 90 - 37 and to include the conditions as outlined in the DRB minutes of July 11, 1990. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Council Member Bohjanen moved to approve the site and building plan for Dean Quimby. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. SECOND READING, ORDINANCE NO. 08 - 90, REZONE PINERIDGE FROM SINGLE FAMILY EXECUTIVE (R -1X) TO PLANNED UNIT DEVELOPMENT R -5 Mr. Miller explained that this is the second reading of this ordinance. The rezoning would carry with it requirements that the developer build homes to the R -1X standards, implement the preliminary plat earlier approved by the Council, landscape the property as shown on the submitted landscape plan and provide a park dedication of 3.7 acres as well as temporary park space. Mr. Miller noted that the Building Inspector will monitor the development to be sure that all provisions of the PUD will be implemented as required by the Council. He also noted that the Public Works Director will monitor both the site plan and the park development and the City Engineer will be very involved with the site and grading development. Council Member Reinert noted that this is a good plan to keep the area in conformance with the original plan and moved to approve the second reading of Ordinance No. 08 - 90 and dispense with the reading. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. PAGE 5 COUNCIL MEETING SEPTEMBER 10, 1990 Ordinance No. 08 - 90 can be found at the end of these minutes. PLANNER'S REPORT - JOHN MILLER Consideration of the EAW for Oak Brook Peninsula - Mayor Bisel explained that this item is not a public hearing. He noted that a neighborhood meeting had been held on September 5, 1990 and explained that he would only accept further comments from Mr. Kern if the comments or information was new or additional material. Mr. Miller explained that this has been a complex issue and has some similarities with the United Power Association which was before the Council earlier this spring. He explained what has occurred to date. All agencies have not responded to the EAW. There is now a letter from the Department of Natural Resources (DNR) dated September 10, 1990 and the developer has agreed to preform a Phase II dig to satisfy the Historical Societies requirements. He noted that many points have been raised, however these can be resolved while going through the platting process. If they cannot be resolved then development is stopped. At this point there is no reason to require the developer to prepare an Environmental Impact Statement. Mr. Miller recommended that the Council adopt Option No. 1 on his "green sheet ". Mr. Miller explained that all agencies asked to respond to the EAW will also be required to respond in the platting process. Final approval of the plat cannot be given by the Council until all agencies have given their written approval. Council Member Neal asked who owns the channel. Mr. Miller explained that it is publicly owned because the DNR has made is a part of the public waters. Council Member Reinert asked if perc tests were already taken. Mr. Miller said yes. Council Member Reinert was concerned because soils will be moved around during development. He felt percs should be taken after this process. • Mr. Miller noted that in the minds of some people the EAW was slanted. He explained the process and noted some of the agencies responding to the EAW. He noted that the EAW was prepared by the developer who used guidelines and instructions prepared for this task. The City sent the EAW to the various agencies and the City received all responses. Mayor Bisel thanked all of the residents and the developer for their participation and cooperation. He noted that a PAGE 6 1 1 1 COUNCIL MEETING SEPTEMBER 10, 1990 negative declaration regarding the EAW would open the platting process. Council Member Reinert moved to make a negative declaration for the need for an Environmental Impact Statement. Council Member Neal seconded the motion. Council Member Reinert noted that he has been involved with environmental issues and he was concerned about the bog located near the proposed development. He also noted concern regarding drainage. Mayor Bisel also noted his environmental concern. He said he was happy to see the number of agencies involved with this development. Mayor Bisel noted the uniqueness of Lino Lakes and wanted protection for low lands, wet lands and thanked all of the people for calling attention to the various issues. On a roll call vote, motion carried unanimously. ENGINEER'S REPORT - DAN BOXRUD AND DARRELL SCHNEIDER Neither Mr. Boxrud or Mr. Schneider had a report. ATTORNEY'S REPORT - BILL HAWKINS Mr. Hawkins gave the Council a status report on the appeal process for the easement eminent domain process in the Second Avenue area. Several land owners have appealed the award and the matter will be placed for trial in early 1991. This should be the final determination. In addition, the City is continuing to negotiate with Ms. Torey and another proposal has been made. PARK BOARD REPORT - DON VOLK Consideration of Adopting a Tree Removal Contract - Mr. Volk has solicited bids for removal of disease trees within the City. Several bids have been received and Mr. Volk recommended that the City Council accept the bid from Brad's Tree Service. Mr. Volk noted that the City will use this service for removing trees from public property. Residents may also use this service or remove their own trees. There was discussion regarding removing disease trees from private property when the owner does not have the funds to pay for the removal or refuses to pay for the removal. Mr. Volk explained that this is outlined in the Disease Tree Ordinance. The City has the ability to assess all costs to the property. Council Member Reinert moved to award the bid to Brad's Tree Service at the quoted prices and evaluate this process after one (1) year and bring the matter back to the Council for reconsideration. Council Member Neal seconded the motion. PAGE 7 COUNCIL MEETING SEPTEMBER 10, 1990 After further discussion Council Member Reinert amended his motion to award the bid to Brad's Tree Service at the quoted prices through 1990. Council Member Neal accepted the amendment. On a roll call vote, motion carried unanimously. Mr. Hawkins noted that if the City is going to assess a property owner for tree removal, all costs including administration and contract costs should be assessed. Rice Lake Estates Park Update - Mr. Volk explained that the Rice Lake Estates subdivision was started in 1986. The Park Board has been struggling with the park development for this area. After reviewing many options, the Park Board would like to consider leasing land, directly adjacent to Rice Lake Estates from the City of Circle Pines for park development. The area is approximately four (4) acres. The City of Circle Pines have been approached about this matter and are receptive to the idea. This park would be used by both communities. The land would be considered the donation by Circle Pines and park improvements would be considered the donation by Lino Lakes. This park would be tied to the large park in Circle Pines near Baldwin Lake by a trail system. Mr. Volk said that the planned improvement has been reviewed by residents living in Rice Lake Estates and they are receptive. He also noted that the developer has given the City two (2) lots in the Rice Lake Estates subdivision as well as $40,000.00 for development of a park. Council Member Reinert moved to approve the recommendation of Mr. Volk and pursue leasing the land from the City of Circle Pines.- Council Member Neal seconded the motion. Motion carried unanimously. Consideration of North Metro Recreation Joint Powers Agreement - Mr. Volk explained that the Joint Powers Recreation Commission has been finalized. This matter has been reviewed by the Council previously and several items were included in the Joint Powers Agreement as suggested by Lino Lakes. Mayor Bisel noted that this Commission has the power to contract for and make purchases of materials, supplies, equipment, services, etc. He asked Mr. Volk is there is any "check point" in the Agreement. Mr. Volk said that all the City Council's have control over this Commission through the budget process in the same manner as the three City Council's have control over the Centennial Fire Commission through their budget. Anytime the North Metro Recreation Commission wishes to exceed their budget, they must get approval of all member cities. Mr. Volk also noted that Mr. Hawkins has reviewed the Joint Powers Agreement. Mr. Volk was asked if this type of agreement is a common practice. Mr. Volk said yes. Council Member Reinert asked if this Commission could be set up in the same manner as the PAGE 8 1 r COUNCIL MEETING SEPTEMBER 10, 1990 Fire District where each City would approve the disbursements each month. Mr. Volk explained that the Fire District Joint Powers Agreement was used as a model for this Agreement and he also noted that two (2) cities are ready to adopt the Agreement and Lino Lakes and Circle Pines have asked to make further comments. Mr. Volk noted that maybe this document is not totally perfect, however the questions should be does this City want to start a youth recreation program? Council Member Bohjanen asked if the City could approve this Agreement and then after one (1) year make amendments to it. Mr. Hawkins said that the City would have to give notice similar to the requirements in the Fire District Agreement. After further discussion, Council Member Bohjanen moved to approve the Joint Powers Agreement. Council Member Neal seconded the motion. On a roll call vote, motion carried unanimously. Introduction of Comprehensive Tree Ordinance - Mr. Volk explained that Mr. Asleson has drafted a proposed Tree Ordinance. He also noted that several other cities have already adopted the basic ordinance drafted by Mr. Asleson. The Council offered their compliments to Mr. Asleson. Mr. Volk noted that the proposed ordinance will generally address tree planting on public lands as well as private lands. This ordinance will also build the framework for tree control and the need for subdivision requirements. There was discussion regarding who is responsible for trees planted-in subdivisions when the trees die. Mr. Hawkins said this could be documented in the developer's agreement. Mr. Asleson told the Council that he would like to see this- ordinance in place and then proceed to take a realistic look at concerns and cut out information that is not needed. The Council asked that the ordinance be summarized to that it would be easier to "digest ". Consideration of Park Board Request to Authorize Funding for Comprehensive Plan Scope Development - It was noted that it is important for the Park Board to proceed with developing a Comprehensive Park Plan. This is the first step in this development. Council Member Neal moved to approve up to $1,000.00 from the Dedicated Park Fund to fund this study by Brauer & Associates. Council Member Bohjanen seconded the motion. Motion carried unanimously. OLD BUSINESS National League of City's Meeting in Houston, Texas - Mayor Bisel said that he would like to attend this meeting and PAGE 9 COUNCIL MEETING SEPTEMBER 10, 1990 suggested that this meeting be attended annually by this Council on a rotating basis. Council Member Bohjanen moved to approve the attendance by Mayor Bisel and Mr. Schumacher for three (3) days. Council Member Neal seconded the motion. Motion carried unanimously. NEW BUSINESS Consideration and Approval of. Easement from North Suburban Development, Inc. for Drainage and Utility Purposes - Council Member Reinert moved to approve this easement. Council Member Bohjanen seconded the motion. On a roll call vote, motion carried unanimously. Annual Dance License for the 49 Club - Council Member Neal moved to approve this license. Council Member Bohjanen seconded the motion. It was noted that this license is for dancing inside of the building only. On a roll call vote, motion carried unanimously. Lino Lakes Population - Council Member Neal noted that he had read in the Minneapolis Tribune that the population of Lino Lakes is only 6,920. Mr. Schumacher said this information may not have come from a reliable source and noted that he would check to see if an up to date figure has been determined by the 1990 census. Mr. Schumacher expressed concern about the Recreation Joint Powers Agreement. He noted that if this City were to ask to be dropped from the Agreement, this City would lose all interest in the surplus assets. Mayor Bisel asked that this be reviewed and clarified. There was general discussion regarding the fact that the - members of the legislature can reduce funding to municipalities without any accountability. He asked that the voting public be aware of how their representatives vote and then go and vote in the primary election. Council Member Reinert expressed concern that the legislator's shifted money from municipalities to the school districts and maybe some of this money made its way to the surplus which would make the legislator's look good. Council Member Reinert noted that he had received a projected fiscal impact analysis paper on Willow Ponds. He felt this was needed on every project since not every development is a plus to the City. He also noted that if he had received this initially, it may have shed a different light on the project. Council Member Reinert moved to adjourn at 9:40 P.M. Council Member Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular Council meeting held on October 8, 1990. PAGE 10 1 1 1 COUNCIL MEETING Mar y/G. Anderson, Clerk reasurer Mayor • SEPTEMBER 10, 1990 Mio(1 Harold L. Bise PAGE 11 Council Member Reinert and moved its adoption: introduced the following ordinance CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 08 - 90 AN ORDINANCE AMENDING ORDINANCE NO. 02 OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE TO PLANNED UNIT DEVELOPMENT (PUD), PINERIDGE I. The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Ordinance No. 02 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983 is hereby amended by rezoning from Single Family Executive (R -1X to Planned Unit Development (PUD), pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The Northwest one quarter (1/4) of the Northwest one - quarter (1/4) of Section 32, Township 31, Range 22, except parcels No. 32- 31 -22 -22 -0002, No. 32-31-22-22 - 0003 and No. 32- 31- 22- 22- 0005. II. Save as above amended, said Ordinance No. 2 shall stand as initially passed and as previously amended. III. This Ordinance shall be in full force and effect from and after its passage and publication according to City Charter. Passed by the City Council of the City of ino Lakes this 10th day of September , 1990. Al • 0 A a i GA •erson, C er - Treasurer L. Bi -3 ; ayor The motion for the adoption of the foregoing ordinance was PAGE 1 1 ORDINANCE NO. 08 - 90 Page -2- duly seconded by Council Member Bohjanen and upon vote being taken thereon, the following voted in favor: Neal, Bisel, Reinert and Bohjanen. the following voted against same: None, Council Member Kuether was absent. Where upon the ordinance was declared duly passed and adopted. PAGE 2