HomeMy WebLinkAbout09/10/1990 Council Minutes1
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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COUNCIL MEETING
Mar y/G. Anderson,
Clerk reasurer Mayor
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SEPTEMBER 10, 1990
Mio(1
Harold L. Bise
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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
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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.
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