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HomeMy WebLinkAbout10/24/1988 Council Minutes (2)O34 COUNCIL MEETING OCTOBER 24, 1988 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:25 P.M., October 24, 1988. Council Members present: Neal, Bisel, Bohjanen, Reinert. Council Members absent: none. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Planner, John Miller; Public Works Director; Don Volk; Chief of Police, Dean Campbell; Building Inspector, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES Special Council Meeting, October 3, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Reinert seconded the motion. Mr. Neal noted a spelling error on page one, paragraph four. Motion carried with Mr. Bohjanen abstaining. Ways and Means Committee Meeting, October 4, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously with Mr. Bohjanen abstaining. Ways and Means Committee Meeting, October 10, 1988 - Mr. Bisel moved to approve these minutes as presented. Mr. Neal seconded the motion. Motion carried unanimously. Regular Council Meeting, October 10—__L910, - Mr. Reinert moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS, OCTOBER 24, 1988 Mr. Bisel moved to approve these disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. OPEN MIKE - MAYOR LEON L'ALLIER, INTRODUCTION OF CENTERVILLE POLICE LIASON, JOE PELTON Mayor L'Allier appeared before the Council to thank some of the members for coming to Centerville and visiting with the Centerville City Council regarding the Police Contract. He introduced Mr. Felton and explained that the Centerville PAGE '1 1 COUNCIL MEETING OCTOBER 24, 1988 Council has felt that there was a lack of communication between Centerville and the Police Department and Centerville and the Lino Lakes City Council for one reason or another. The Centerville City Council has determined that communications between the two cities could be improved with the appointment of a Police Liason. Mayor L'Allier introduced Mr. Joe Pelton and explained that he has been appointed as the Police Liason from Centerville. Mr. Pelton thanked the Lino Lakes City Council for giving him the opportunity to come this evening and gave a brief outline of his background as a St. Paul police officer. He explained that he volunteered to act as the liason to open communication regarding police matters. He explained he perceived that the roll of the liason was to build communications and also build a bond in this area. He noted that there will be two other persons from the City of Centerville working with him in this area but he will be the spokesperson. This committee will meet on a monthly basis and discuss problems. Mr. Pelton explained that he has already met with Chief Campbell and with Mr. Schumacher. He will continue to meet with them as the need arises and if need arise, he will meet with the Lino Lakes City Council. He will also keep the Centerville City Council advised about what is in the future plans for the Lino Lakes Police Department. Mr. Pelton explained that other methods of opening communications with the Police Department have been discussed such as 'ride along', crime watch and door to door brochures. He explained that the citizens of Centerville are more than pleased with the work the Lino Lakes Police Department is doing and felt that this department will more than adequately serve the needs of Centerville for years to come. Mayor Benson thanked Mr. Pelton for coming forward and accepting this position. He suggested that Chief Campbell could attend the Centerville City Council meetings on a regular basis and this would also help open the channels of communications. Mr. Neal asked Mr. Pelton if he could explain how long Centerville anticipated contracting with the Lino Lakes Police Department. Mr. Pelton said he could not speak for the Centerville Council but felt that the Police Officers were a part of that community and did not see a need to break away from this tradition and monetarily it would be a bad move for Centerville. PAGE 2 035 :}36 COUNCIL MEETING OCTOBER 24, 1988 Mayor L'Allier explained that Mr. Pelton will continue as liason until the end of 1989 and then the Centerville Council will assess the position. He noted that Centerville has never been dissatisfied with the service from the Police Department but did look at other departments as far as costs were concerned. He said he appreciated Mr. Bisel and Mr. Neal visiting with his Council. Mayor Benson told Mayor L'Allier that if he felt there is not enough communication, he should let the Lino Lakes Council know. Mayor L'Allier said that a quarterly visit from the Chief of Police with the Centerville Council would be appreciated. Mr. Reinert explained that he did not see the Centerville Liason going beyond the terms of telling the Police Chief of problems. Mr. Pelton explained that it is not the duty of the liason to set policy but to bring ideas and problems to the attention of the Chief. He would not tell the Chief what to do or how to do it. Mr. Reinert asked that a definition of Centerville Liason be drafted. Mr. Pelton said he would do this with the aid of Mr. Schumacher and Chief Campbell. Mayor L'Allier told the Council that he has good communications with the Lino Lakes Police Officers and Chief Campbell. Mayor Benson thanked Mayor L'Allier and Mr. Pelton for coming this evening. SECOND READING, ORDINANCE NO. 15 - 88, REZONE CERTAIN LANDS IN SECTION 29 AND SECTION 32 Mr. Bisel moved to approve the second reading of Ordinance No. 15 - 88, rezoning certain real estate to Single Family Executive (R -1X). Mr. Neal seconded the motion. Mr. Bisel asked Mr. Miller if he had mentioned this proposed ordinance when dealing with the buyers of the Montain property. Mr. Miller explained that Mr. Schumacher has given the new owners a map and told them that the second reading would be this evening.' Voting on the motion, motion carried unanimously. This ordinance is found in the October 10; 1988 Council minutes. SECOND READING, ORDINANCE NO. 18 - 88, REZONE CERTAIN LANDS PER ECONOMIC DEVELOPMENT COMMITTEE PROPOSAL Mayor Benson gave a brief background on this ordinance. He noted that the map forwarded to the Council indicated that a 1 1 1 COUNCIL MEETING OCTOBER 24, 1988 portion of Forrest Taggs property was to be rezoned General Business and he felt it was the decision of the Council to leave the property zoned Light Industrial. He also asked about the property north of Lilac Street and south of 77th Street. Mr. Miller explained that the adjacent property was already zoned Expansion Residential so that when this property is rezoned the entire area will be rectangle and not have two different zonings cutting across one property. Mr. Bisel explained the reasoning behind the EDC recommendations and suggested that this should be sent back to the EDC so that they can determine if there is a need for additional commercial lands in another area. Mayor Benson noted that if they feel their formula is correct in determining acreage he would recommend that they look for additional lands that fall in this area but are not so hard to deal with. This need not be the final action. Mr. Reinert expressed concern regarding some concerns that were raised by citizens regarding protection of their property and asked if there is any way that this follows behind the ordinance. Mr. Hawkins explained that their concerns should be documented in the Council minutes and this would be the official record. Mr. Bisel moved to approve the second reading of Ordinance No. 18 - 88 rezoning certain lands per the Economic Development Committe proposal and correcting the attached map regarding Mr. Taggs property. Mr. Bohjanen seconded the motion. Motion carried unanimously. This ordinance can be found in the October 10, 1988 Council minutes. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 80 - 88, Consideration of Amending Resolution No. 31 - 88, Sewer Users Fees for Commercial Users - Mr. Stahlberg explained that the current fee schedule does not include sewer rates for metered water users other than single family residential. These rates would apply to the prison, My Place on the Lake and the 49 Club. Mr. Stahlberg has sent a letter to the Council dated October 18, 1988 outlining his research and recommending that the rate be set at $1.70 per thousand gallons. Mayor Benson asked how this compares to other communities and Mr. Stahlberg said it was on the high end. At this time these users are paying at the PAGE 4 J p. 037 038 COUNCIL MEETING OCTOBER 24, 1988 residential rate multiplied by the number of users calculated by the Metro Waste Commission. Mr. Reinert moved to approve Resolution No. 80 -88 adopting a commercial sewer rate for metered water users. Mr. Neal seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 80 - 88 RESOLUTION AMENDING RESOLUTION NO. 31 - 88 ADOPTING COMMERCIAL AND INDUSTRIAL SEWER USER FEES WHEREAS, Resolution No. 31 - 88 adopted by the Lino Lakes City Council on June 13, 1988 set water and sewer user fees for residential users, and WHEREAS, Commercial and industrial user fees were not established at that time, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: Effective January 1, 1989 the sewer user fee for commercial and industrial users shall be as follows: 1. Sewer Users Fee - $1.70 per thousand gallons of water. 2. Minimum Rate - $36.00 per quarter. Adopted by the Lino Lakes City Council this 24th day of October, 1988. Marilyn . Anderson, Clerk - Treasurer ATTORNEY'S REPORT - BILL HAWKINS Second Readin: Ordinance No. 17 - 88 Re :ulatin: Lawful Gambling within the City of Lino Lakes - Mayor Benson asked if there was anything that the Council would like to add to 1 1 1 COUNCIL MEETING OCTOBER 24, 1988 this ordinance. Nothing else was added and Mr. Bisel moved to approve the second reading of Ordinance No. 17 - 88. Mr. Neal seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD - JOHN MILLER Minor Subdivision Request, Emmett Salberg - Mr. Miller told the Council that Mr. Salberg has asked that this matter be tabled. Mr. Bisel moved to table this item. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 78 - 88 APPROVING ESTABLISHING AND ADOPTING THE 1988 TAX LEVY, COLLECTABLE, 1989 Mr. Schumacher explained to the Council that the Legislature has changed the formula for computing tax capacity. The formula is very complex and mill rates will no longer be applicable in determining the levy. Mr. Schumacher has worked with both City Fiscal Agent, David MacGillivray and City Auditor, Rob Tautges to determine the amount of levy for Lino Lakes. A memorandum to the Council outlines how the levy was determined. This levy reflects an increase of $93,000.00 over 1987 collectable 1988. He explained that this increase should not have any impact on increasing the taxes each taxpayer must pay. Mr. Schumacher explained the new legislation included truth in taxation wording and this will change the formula for establishing budgets for the coming years. He noted that the public will have input into the budget through hearings and the City will have to notify each property owner what affect the proposed budget will have on their particular taxes. He also noted that there may be some changes in the legislation, however, it is not easy to understand and will pose a real challenge for all cities in following the procedures. Mr. Reinert asked why this City cannot be more conservative this year rather than hope that there will be little impact on the portion of taxes this City levies.. He said a couple areas of the method of calculating the levy makes him nervous and he would rather be conservative. Mr. Schumacher explained that the County Assessor has been working in this City and some property values may be increased significantly. This alone will cause some taxes to increase. Mr. Reinert again asked why this Council PAGE 6 COUNCIL MEETING OCTOBER 24, 1988 cannot go into a more conservative mode and be sure that taxes will not increase due to the levy. Mr. Schumacher noted that Mr. MacGillivray is very conservative and felt the recommendation already is very conservative. Mr. Bisel expressed concern because he felt that the Legislature has told the cities that there must be truth in taxation but they have not given the cities anything to work with to use as a guide. There was further discussion on how the amount of the 1989 levy was determined. Mayor Benson asked what the special levy was for and Mr. Schumacher explained it was for the repayment of the equipment certificates. There were further questions and a suggestion that Mr. MacGillivray explain to the Council the method he used in determining the levy. Mr. Bisel noted that if the Council did not raise the levy for 1989 the worst senerio would be that the Council has not levied adequate funds and some funding would have to come out of the surplus. He said he felt uncomfortable taxing people to have a surplus account. Mr. Bisel moved to levy $1,146,850.00 for 1988 collectable in 1989 and this is based upon this figure being the same figure as levied in 1987 collectable in 1988. Mr. Bohjanen seconded the motion. Mr. Reinert asked for an explanation of levying outside of the levy limits. Mr. Schumacher explained that this City does levy outside of the levy limits to pay for the equipment certificates. He noted that if the Council votes to levy the same amount as last year, some of the cost of the certificates will have to be taken out of the reserve. Voting on the motion, motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 78 - 88 RESOLUTION APPROVING, ESTABLISHING, AND ADOPTING THE 1988 TAX LEVY, COLLECTABLE IN 1989. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses, obligations and operating costs anticipated in the year 1989, and 1 1 1 COUNCIL MEETING OCTOBER 24, 1988 WHEREAS, the City of Lino Lakes is restricted by levy limitations imposed upon it by the State of Minnesota, NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes, Anoka County, Minnesota, hereby does levy the following upon the taxable property in said City of Lino Lakes, to -wit: 1. Total amount levied in the year 1988 to be spread for taxes due and payable in the year 1989 is in the total sum of $1,146,850.00. 2. The amount above levied is for the purpose of opera- tional costs within the General Fund. No bond and interest Levy is necessary for 1989 due to the surplus in such particular funds. BE IT FURTHER RESOLVED by the Lino Lakes City Council that the general fund operating budget as reviewed by the City Council represents the basis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action prior to January 1, 1989. Passed the 24th day of Oct Marilyn G. Anderson, Clerk- Treasurer OLD BUSINESS . Benso , Mayor Setting Meeting Date with City of Centerville - Mr. Bisel explained that he felt that there were important matters to be discussed and clarified regarding the Joint Powers Agreement with the Fire District. He felt this City should decide whether or not to opt out of the agreement prior to January 1, 1989. Mayor Benson asked Mr. Bisel if he felt this City should consider establishing a Lino Lakes Fire Department before we get together with Centerville? Mr. Bisel said yes. He noted that this City has spent about $350,000.00 to $400,000.00 to date and we have nothing to show for this. He also noted that the Joint Powers Agreement specifies that- all'equipment would be returned to PAGE 8 441 42 COUNCIL MEETING OCTOBER 24, 1988 the original fire department in the event that the Fire District is dissolved. Mr. Schumacher explained that he has sent a copy of the Joint Powers Agreement along with a letter requesting that a review of the Agreement be made by David Cody as soon as possible. Mr. Bisel suggested one of the questions to be addressed should be, does this City want to spend an additional $265,000.00 in 1989 for the Fire District and what do we gain from it? He noted that it gets progressively more costly and asked at what point do we decide to go on our own. Mr. Reinert asked wouldn't Lino Lakes expect to pay more of the costs as the City grows? Mr. Bisel said yes, however, Circle Pines is almost fully developed and will be paying less and less of the costs and Lino Lakes will be paying more and more of the costs. Mr. Reinert explained that Lino Lakes could demand that services be located nearest the population and therefore Lino Lakes would have more of the facilities located in Lino Lakes. Mr. Bisel agreed but asked would it be cheaper to operate our own department. Mr. Reinert felt the emphasis should be on where we can derive better services. Mr. Hawkins checked the Joint Powers Agreement and told the Council that ownership of the land and equipment stays with the original department. Mr. Bisel asked if Centerville wanted out of the Agreement and the equipment went back to Centerville, would Lino Lakes in essence have been paying rent? Mr. Schumacher will contact Mr. Cody and explain to him that a response is needed from him by mid December. 2nd Avenue Improvement Project - Mayor Benson noted that at the last Council meeting Mr. Bisel had questions regarding the manner in which the improvement was handled and caused him to rethink his decision regarding having another engineering firm look at the improvement. Mayor Benson then contacted TKDA and asked them to recommend another firm and was told Braun Engineering could provide-the information needed. This firm is not associated with-TKDA but does geographical studies for TKDA upon request. Mr. Stahlberg explained where the improvement now stands and noted that TKDA uses three or four other firms for this type of study. Mayor Benson said he then contacted Mr. Reinert and Mr. Bisel and attempted to reach Mr. Neal and Mr. Bohjanen but was unable to contact either of them. He asked Mr. Reinert PAGE 9 1 1 COUNCIL MEETING OCTOBER 24, 1988 and Mr. Bisel if they would agree to Braun Engineering reviewing this improvement and giving their recommendation for the best possible method of bringing services to the area from Lake Drive to Elm Street. Mr. Bohjanen explained he could not be reached because he was in the hospital, however, the information could have been given to him by his wife. Mr. Bisel was concerned because perhaps the improvement should be reviewed in general, not just this one aspect of it. He was also concerned that a recommendation from the City Administrator was not sought in regard to which firm should be conducting this additional study. Mayor Benson noted that the Administrator was out of town and he felt assured that Braun Engineering was not obligated to TKDA in any manner and an impartial study would be conducted. Mr. Bisel told Mayor Benson that he thought that he should have contacted all Council Members before he made the decision to hire Braun Engineering. Mayor Benson explained his actions. Mr. Stahlberg told the Council that Braun Engineering has obtained the data gathered by TKDA and is in the process of analyzing it. Mr. Bisel said his issue is still that the entire project should be looked at by another firm from another point of view. Mr. Reinert said he would favor asking a third engineering firm to look at this if it lessens the animosity and moves the project along. Mr. Bisel expressed his concern regarding Sunrise Meadows. The City has approved his subdivision some time ago but has not moved at all in providing services to that subdivision. Mayor Benson noted that this is a very key improvement and if the Council wants to take a complete look at the entire improvement it will be spring or summer before anything is determined. Mr. Bisel expressed his concern regarding hiring a consultant and relying on his best judgement. He suggested that TKDA has looked at the improvement with a narrow vision and that is why he asked for a second opinion. Mayor Benson disagreed and said he felt the situation was partially the Councils problem. He noted that the Council has instructed Mr. Stahlberg to look at other alternatives for 2nd Avenue. Mr. Bisel said he felt the City hired a consulting firm to give the City advice and the City did not get it. Mr. Stahlberg noted that he had material placed in the Council packets that outlined five different alternates for PAGE 10 043 044 COUNCIL MEETING OCTOBER 24, 1988 the improvement and suggested that the Council hold a special Council meeting to discuss this material. Mr. Bisel felt that problems with this improvement occurred early in the project. He noted that cost estimates were requested but never received. Mr. Stahlberg said that a great deal of time has been spent on putting this improvement together. Mr. Bisel questioned the presentations and noted that maps were not labeled and noted several other concerns. He said he felt that TKDA was too close to the issue to see the real problem. Mr. Reinert said that costs are a factor even if the project is feasible but wanted the Council to know that the CORP will take a great deal of time to issue a permit. He felt that everyone shared the blame for the situation that has occurred. Mr. Stahlberg felt that the permit process should have been started long ago. Mr. Stahlberg explained that applications cannot be submitted until a route is established, however he has had input from all the agencies. Mayor Benson asked if this Council should get together with the DNR and the CORP? Mr. Stahlberg felt that everyone should be together as a uniform group to look at various alternatives and then amend the permit applications. The Council will decide if they should should meet in special session to discuss this matter after Braun Engineering presents its findings. NEW BUSINESS Consideration of Filling Fleet Mechanic Position - Mr. Volk has included in the Council packet his summary of the applications for this position and his recommendation for the position. Mr. Volk noted that his recommended candidate is young and does not have a lot of experience as he has only been in the field one year since graduating from school. Mr. Bisel moved to approve the recommendation of the Public Works Director and hire John Patrick Hanson. Mr. Bohjanen seconded the motion. Motion carried unanimously. ICMA Resolution for Declaration of Trust, Resolution No. 79 - 88 - Mr. Schumacher explained the need for this resolution noting that some of the employees of the City have been participating in the ICMA plan for several years. It is basically a housekeeping item. Mr. Reinert moved to approve PAGE 11 1 COUNCIL MEETING OCTOBER 24, 1988 Resolution No. 79 - 88. Mr. Bisel seconded the motion. Motion carried unanimously. CITY OF LINO LAKES RESOLUTION NO. 79 - 88 RESOLUTION RELATING TO A DEFERRED COMPENSATION PLAN WHEREAS, the City of Lino Lakes has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Lino Lakes by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its per- sonnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Lino lakes has determined that the establishment of a deferred compensation plan be administered by the ICMA Retirement Corporation, and such funds be held by the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their deferred compensation plans and money pur- chased retirement plans; NOW THEREFORE BE IT RESOLVED, that the City of Lino Lakes hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto. BE IT FURTHER RESOLVED, that the City Administrator shall be the coordinator for the program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the phan may be assigned to the appropriate departments. • Passed the 24th day of 0 PAGE 12 045 ©46: COUNCIL MEETING . Anderson, Clerk - Treasurer OCTOBER 24, 1988 My Place on the Lake Rice Creek Watershed District - Mayor Benson questioned an item on the RCWD agenda involving My Place and asked if this is the same 'after the fact' permit mentioned several agendas ago. Mr. Schumacher said he would let the Council know the status of this situation. Frank Jusczak, 895 Birch Street after the fact' RCWD permit application - Mr. Schumacher will let the Council know the status of this situation. Review of Policies and Priorities - Mayor Benson noted that he has just received his copy of this information. He asked that it be reviewed and areas of concern be 'red flagged'. Primary Drinking Water Regulations - There has been a proposal to increase the standards on drinking water. This could have a large financial impact on Lino Lakes. Mr. Reinert asked if funding will be provided for this procedure. Mr. Bisel moved to invite Rep. Sikorski to a Council meeting to present his views on Primary Drinking Water Regulations. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bisel moved to ask Senator Dahl and State .,Repr. Quinn to attend a Council meeting to explain the new Minnesota property tax law. Mr. Reinert seconded the motion. Motion carried unanimously. Budget Meeting - A Budget Meeting was set for Wednesday, November 2, T9BB at 4:00 P.M. Main Street Improvement - Mr. Bisel noted that there is some firewood stacked on the southwest end of the improvement area and felt that with the winter snows this could be a problem. Mr.- Volk explained that this wood was left at the request of the landowner and it is their responsibility to remove it. Mr. Bisel asked if anyone has dealt with the water problem at the Tom Caron residence of the southeast end of the Main Street Improvement. Mr. Volk said that there has been an onsite meeting regarding this matter and aerial maps are being reviewed to determine the flow of the water previous to the improvement. He wil1 call or write to Mr. and Mrs. Caron regarding this matter. PAGE 13 1 1 COUNCIL MEETING OCTOBER 24, 1988 Mr. Bisel moved to adjourn at 9 :17 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. These minutes were considered and approved at a regular council meeting on November 14th 1988. (::,_, \TVIJ,r (F41/A4e-__- aa0/ ."' N AR I LY G. ANDERSON BENJA , GP. BENSON Clerk- Treasurer Mayer PAGE 14