HomeMy WebLinkAbout05/10/1993 Council Minutes1
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CITY COUNCIL
CITY OF LINO LAKES
COUNCIL MINUTES
May 10, 1993
Staff members present: City Engineer, Darrell Schneider; City
Attorney, Bill Hawkins; Planning Coordinator, Mary Kay Wyland; City
Administrator, Randy Schumacher.
Changes to the Agenda: Council Member Neal asked that under New
Business, Alarm Systems & Car Lock Outs be added.
CONSENT AGENDA
ITEM
DISPOSITION
MINUTES:
Council Work Session, April 7, 1993 Approved
(Council Member Kuether abstained)
Regular Council Meeting, April 26, 1993 Approved
DISBURSEMENTS:
May 10, 1993 Approved
Centennial Fire Department Approved
REGULAR AGENDA
OPEN MIRE: Moved to end of agenda
A. DISTRICT MEMORIAL HOSPITAL/HEALTH ONE - Representative - Mark
Studelburg, Operations Manager for Health Span Transportation was
present to answer any questions regarding the District Memorial
Hospital lease with Health Span Corporation and the ambulance
service. He presented the 1992 Year End Report for Health One and
an outlined of a presentation given to the District Memorial
Hospital Board regarding their services. Health Span has been
asked to provide information on managing the ambulance service to
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CITY COINCIL May 10, 1993
District Memorial Hospital. Mr. Studelburg reviewed the proposal
presented to District Memorial. Basic service would consist of 208
hours Monday through Thursday and 225 Friday and Saturday and 204
on Sunday. Additional ambulance hours would be $65.00/hour.
Summary of service would involve 2 paramedics with response time
equal to what is received today. The goal is to respond 90% of the
time in 10 min. or less in all communities serviced.
Mayor Reinert thanked Mr. Studelburg for his presentation and added
that the City is currently up in the air in regard to which way to
go with the Ambulance Service. Mr. Studelburg indicated that if
the City had any questions in the future they would be happy to
come back.
1992 Annual Municipal Audit Report — Fred Espe - Mr. Espe reviewed
the Management Report with the Council. In 1993 the State has
budgeted a decrease in State Funding of $604,000. However, the
City of Lino Lakes is budgeted for an increase of close to $60,000.
Property taxes are currently 47% of revenues with State Aids being
22%. A graph of general and special revenue expenditures (91/92)
was reviewed indicating that park and rec increased 3 1/2 % and
public safety decreased to 35%. 1992 interest on investments was
approximately $380,000 down from the 1991 amount because of lower
interest rates. This area should be closely monitored because we
are currently assessing at 7% but earning at only 4%. Currently
property tax collection rate is 98% which is very good - average is
99% which indicates a healthy community. Increase in the general -
fund balance for 1992 was $141,000 mainly due to expenditures under
budget. Revenues came in nearly right on budget. The general fund
balance is currently $1.4 Million. In 1991 the City adopted a
reserve policy for the general fund balance - currently the fund
balance is short of the goals of the City by $255,000. The area
and unit fund balance increased $1.3 Million in 1992 - as of Dec.
31, the City was under budget by only 12 area and unit fees. This
is very important for the repayment of temporary bonds issued.
Enterprise funds - went from a deficit balance of $8,727 to a
surplus of $51,000 due to a rate increase instituted in '91 and '92
and because of an increase in users. We recommend that the City
monitor these rates to be able to meet the debt payments for the
new bond issue. It is also recommended that the water and sewer
operations be split to allow monitoring these rates independently.
Council Member Bergeson stated that it appears within a few years
we will reach the recommended reserve amount - what do we do then.
Mr. Espe stated that would depend on the philosophy of the council.
It will need to be re-evaluated at that time. Mr. Schumacher
explained that if the State cuts reserves the City will need these
funds to meet our obligations. We have done a good job over the
years to maintain this reserve. Mr. Espe further explained that we
use the reserves the first few months of the year to cover expenses
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CITY COUNCIL May 10, 1993
until the property taxes come in.
Mayor Reinert suggested that the infill policy initiated a few
years ago may have helped with the utility fund. Mr. Schumacher
commended the Department Heads for staying within their budgets.
Mayor Reinert indicated that going to an in house engineer may have
helped us keep a handle on some of the expenses of development. He
then thanked Mr. Espe for his presentation.
ENGINEER'S REPORT
Consideration of Resolution No. 23-93 Declaring Adequacy of
Petition and Ordering Preparation of Report - Extension of
Utilities, White Pine Road - Mr. Schneider explained that a
petition has been received from five properties of seven located
west of Rohavic Oaks and the proposed Woods of Baldwin Lake on
White Pine Road requesting the extension of utilities. Staff would
recommend that a feasibility report be prepared contingent upon the
Woods of Baldwin Lake Development Agreement being completed.
Council Member Kuether moved adoption of Resolution No. 23-93
contingent upon the Woods of Baldwin Lake Development Agreement
being completed. Council Member Neal seconded the motion. All
voted aye. Motion carried.
Resolution No. 23-93 can be found at the end of these minutes.
PLANNING AND ZONING REPORT
A. CONSIDERATION OF CONDITIONAL USE PERMIT, LIVING WATERS CHURCH -
Ms. Wyland explained that a subdivision for the Living Waters
Church was approved in November of 1992 and a site plan and
conditional use permit for the church property delayed until the
March meeting of the P & Z to allow time for plan finalization.
The P & Z did approve the site plan/conditional use pewit at their
April meeting as did the Rice Creek Watershed District.
Staff would recommend approval with the following conditions:
a. All conditions contained in the original planning report
dated November 5, 1992 shall be complied with.
b. A deposit in the amount of 1% of the construction costs be
posted, prior to issuance of any building permits, to insure
compliance with the permit and completion of all site
improvements.
c. The landscaping plan be reviewed with the City Forester and
modifications made as recommended including moving some of the
evergreen trees from the north side of the parking area to the
south side to screen parking from Birch Street.
d. Approval of site and drainage plan be received from the
Rice Creek Watershed District.
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f. An easement be provided for the extension of sewer and
water through the site.
Council Member Neal moved to approve with the conditions listed
above. Council Member Kuether seconded the motion. All voted aye.
Motion carried.
B. Final Plat - Birch Wood Acres Third Addition - Ms. Wyland
explained that this final plat consists of 34 single family lots.
The Development Agreement has been signed, financial guarantees are
in place, and the staff would recommend approval of the plat.
Council Member Bergeson made a motion recommending approval of the
Final Plat for Birch Wood Acres Third Addition. Council Member
Elliott seconded the motion. All voted aye. Motion carried.
C. SECOND READING - ORDINANCE NO 93-06, AMENDING THE SUBDIVISION
ORDINANCE BY REQUIRING THE DELINEATION OF WETLANDS IN PRELIMINARY
DATA REQUIREMENTS - This ordinance had its first reading at the
April 26, 1993 Council Meeting and staff would recommend approval
of the second reading.
Council Member Kuether moved to approve the second reading of
Ordinance No. 93-06 Amending the Subdivision Ordinance by Requiring
the Delineation of Wetlands in Preliminary Plat Data Requirements.
Council Member Elliott seconded the motion. All voted aye. Motion
carried.
Ordinance No. 93-06 can be found at the end of these minutes.
D. SECOND READING - ORDINANCE NO. 93-07 AMENDING SECTION 4,
SUBDIVISION 5 OF THE ZONING ORDINANCE RELATING TO LOT PROVISIONS -
This ordinance received its first reading at the April 26, 1993
Council Meeting and is recommended for approval of the second
reading.
Council Member Elliott moved to approve the second reading of
Ordinance No. 93-07 Amending Section 4, Subdivision 5 of the Zoning
Ordinance Relating to Lot Provision. Council Member Bergeson
seconded the motion. All voted aye. Motion carried.
Ordinance No. 93-07 can be found at the end of these minutes.
ATTORNEY'S REPORT, BILL HAWKINS - Mr. Hawkins explained that there
is a tentative acceptance of our counter offer in the Arcon Trunk
Suit. Originally staff thought this would be a lengthy procedure,
however, Arcon will be dismissing their complaint and a settlement
should be reached soon.
CONSIDERATION OF ADOPTING RESOLUTION 24-93, DONATION GUIDELINES -
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CITY COUNCIL May 10, 1993
Mr. Schumacher explained that at this time the City does not have
a formal written procedure to follow when donations are made to the
City from outside organizations or individuals. Mayor Reinert
added that this will help keep everything above board and provide
for recognition to the donors and keep the Council informed as to
donations received. Therefore, Resolution No. 24-93 is being
proposed.
In regard to Item C, Council Member Bergeson stated that he felt
the Department Head should seek approval from the City
Administrator before soliciting any donations. Mayor Reinert
stated that Earth Day was a good example of a function put on with
considerable donations and we do not want to discourage this.
Council Member Kuether asked if there had been any problems in the
past and was advised that there had not been. Mr. Schumacher
stated that we need a policy because there is none in place at this
time. Council Member Bergeson stated that he would like an Item C
to state that solicitation of donations by departments must receive
prior approval from the City Administrator. One of the purposes in
this policy is to keep the Council informed of items received.
Council Member Kuether stated that we should be sure to be
sensitive to the donors wishes. Council Member Bergeson added that
we could end up with donations we do not want.
Council Member Elliott made a motion recommending adoption of
Resolution No. 24-93 with the additional wording recommended by
Council Member Bergeson. Council Member Neal seconded the motion.~
All voted aye. Motion carried.
MUNICIPAL BOARD ACTION CONCERNING CONSOLIDATION WITH CENTERVILLE -
Mr. Schumacher presented the Findings of Fact in regard to the
consolidation of Centerville and Lino Lakes and indicated that this
merely formalizes the denial of this issue.
OLD BUSINESS:
DISBURSEMENTS
April 30, 1993 - Council Member Kuether asked why $596 in postage
was spent for the parks. Mr. Schumacher explained that it covered
mailing of the Spring brochure.
Council Member Kuether moved approval of the expenditures and was
supported by Council Member Neal. All voted aye. Motion carried.
OPEN MIKE:
Mark Wamsley, 6978 Black Duck Drive, member of the Reshanau Park
Homeowners Association. The City Council decided, at a recent work
session, to go ahead with a lawsuit against the RPHA to remove the
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boat launch. This launch has cost each homeowner thousands of
dollars. The former City Planner, John Miller has written a letter
concerning how the City Council agreed with the developer when the
preliminary plat was presented to the City Council. When the City
reviewed the developers plans the City Council agreed that the
homeowners would only need a permit from the DNR before they could
build a boat launch. Mr. Miller's letter was quoted and Mr.
Wamsley indicated that Gary Uhde has agreed with these statements.
He further explained that the RPHA did receive a permit from the
DNR before any work was done on the boat launch. Mr. Tom Hovey of
the DNR has indicated that the RPHA does have riparian rights.
After further explanations, Mr. Wamsley asked that all concerned
worked together for the betterment of the lake, if indeed, that is
the concern.
Elaine Malley, 6969 Black Duck Drive, speaking in regard to the
interpretation and enforcement of zoning ordinances within the City
of Lino Lakes and how it should be the City Council who fairly
interprets these ordinances and does not waste tax payers dollars
in the process. As a lake shore property owner, she purchased her
property with the intent of using the boat launch on Outlots A and
B to put her boat in the water in the Spring and remove it in the
Fall. Likewise the other 16 lake shore property owners. Now they
are being told they can not use the boat launch - there could be 16
launches with no permits from the City but the City is asking for
a permit on Outlots A and B. Why were they allowed to purchase the
outlots for recreation purposes but are now denied that use. The
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P & Z seems to be able to change their interpretation of the
ordinance however and when ever they want to. Is this in the best
interest of the people of Lino Lakes. Does the City Council agree
with the fact that several individual launches would be better than
one launch. The best interest of the people on and near Reshanau
Lake would be to develop rules and regulations for the use of the
lake, not pursue litigation to prohibit the installation of one
boat launch.
Robert Benning, 6788 East Shadow Lake Drive, not a member of any
association. He feels all residents should have equal access to
the lake and therefore recommends a public launching facility. He
is opposed to the private accesses. Control could be via parking
restrictions and other regulations regarding the use of the lake.
Ken Goodman, 6919 Black Duck Drive, member of RPHA. Has attended
several CC meetings and is getting mixed messages from the Council.
Are the Lakes in the City restricted to lake shore owners only?
Will the Council be acting in the best interest of all property
owners, not just those who have lived here the longest or are the
strongest lobbyists.
Martha Wamsley, 6978 Black Duck Drive - again discussed the issue
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CITY COUNCIL May 10, 1993
of misconduct in relation to the dismantling of the boat launch.
Three things could have been done - 1 - the individuals involved
could have agreed not to participate in any official or private
discussions of the boat launch - this has not happened. 2 - the
Council could have asked them to abstain from discussing and/or
voting on the issue. 3 - the Council could have reprimanded them
for their misconduct. 4 - the Council could have made a statement
that vandalism is an inappropriate way to resolve disputes. 5 -
made a statement that the Council does not condone vandalism. 6 -
ask for their resignation. The Council has done none of the above.
This has become a big public blemish on our community.
Glen Bowman, 6873 Black Duck Drive, has been watching the half
truths and innuendos regarding this matter. He was the one who
called the City and asked them to red tag the sight. The DNR
permit is only contingent upon City approval. The launch facility
was installed prior to these permits. He would like to commend the
City for their patience in this matter and support the legal
actions being considered against those who take interpretation of
City ordinance into their own hands.
Council Member Kuether asked how he felt about people who take the
law into their own hands. He responded that it was installed
without proper permits and the vandalism is an item that the
Council will have to handle.
Kerry Ostergren, 6900 Black Duck Drive, stated that they were told
by the DNR and various agencies that because there are certain
blanket permits that we would not need a permit. However, we
wanted to extend the launch out into the lake so were required to
get the permits we did receive.
Council Member Bergeson stated that, speaking for himself, as a
Council Members "I do not think we condone trespassing, vandalism
and ignoring of City Ordinances. Allegations of trespass and
vandalism by several individuals have been made against persons,
including two city officials. We are disappointed that two city
officials chose to be part of the situation. However, now this
matter has been given to the City Attorney which is the proper
thing to do. As City Officials we are required to uphold
ordinances, we must do it whether or not we live on the lake or
whether or not we were on the Council when they were passes.
Sometimes we depend on the City Attorney for interpretation of
these ordinance. It is his interpretation that a violation has
occurred. Based on that we have allowed staff to proceed with
enforcement of the ordinance." Council Member Kuether indicated
that she seconded those comments.
NEW BUSINESS:
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Consideration of Sending an Elected Official to the Bald Eagle Home
Owners Association Meeting on May 24, 1993 at 7:30 P.M. at the
White Bear High School. Mayor Reinert stated that it is the night
of a Council meeting and they should be informed of that. It was
also suggested that they may be able to send us their minutes. Mr.
Schumacher indicated that they are looking for some financial
assistance for their association. Mayor Reinert indicated that
this would be a policy matter that the Council would need to
discuss further.
ALARM SYSTEMS AND CAR LOCK OUTS - Council Member Neil advised the
Council that other communities allow three lock outs and then
charge residents for the service. The CSO Officer normally
provides this service. This item will be discussed at an upcoming
work session.
Council Member Bergeson moved to adjourn the meeting at 8:30 P.M.
Council Member Neal seconded the motion. All voted aye.
These minutes were considered, corrected and approved at a regular
council, meeting held on June 14, 1993.
Mary K
Planni
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Vernon F. Reinert,
Mayor
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Council Member Kuether
Ordinance and moved its adoption:
introduced the following
CITY OF LINO LAKES
ORDINANCE NO. 93- 06
AN AMENDMENT TO THE SUBDIVISION ORDINANCE REQUIRING THE DELINEATION
OF WETLANDS IN PRELIMINARY PLAT DATA REQUIREMENTS.
Section 1. Section 1001.05 (2) is amended to add the
following:
(i) The delineation of all wetlands in accordance with
criteria established by the Army Corps of Engineers
and/or Minnesota Department of Natural Resources. Such
wetland delineations shall be performed by a registered
land surveyor or engineer recognized as qualified by the
Army Corps of Engineers and/or Deparmtment of Natural
Resources.
Section 2. This Ordinance shall take effect upon its passage
and publication according to the City Charter.
Passed this 10th day of May 1993.
ATTEST r,
L
Vernon F. Reinert, Mayor
Marilyn
derson, City Clerk
Motion for the adoption of the foregoing Ordinance was seconded by Council
Member Elliott and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert.
The following voted against same: none.
Whereupon said Ordinance was declared duly passed and adopted.
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Council Member Elliott
Ordinance and moved it adoption:
introduced the following
CITY OF LINO LAKES
ORDINANCE NO. 93 - 07
AN ORDINANCE AMENDING SECTION 4, SUBD. 5 LOT PROVISIONS OF THE CITY
ZONING ORDINANCE
The City Council of the City of Lino Lakes, Anoka County,
Minnesota, does ordain:
Section 4, of the Zoning Code is hereby amended to read as follows:
Subd. 5 Lot Provisions. (1) Any lot of record existing at the
effective date of this ordinance may be used for the erection
of a structure if it conforms with the use regulations of the
district in which it is located provided it satisfies all
other appropriate provisions of this Ordinance, has frontage
on a full width public right-of-way, and an improved street
which has been accepted for maintenance by the City of Lino
Lakes.
This Ordinance shall take effect upon its passage and publication
according to the City Charter.
Passed by the Council of the City of Lino Lakes this
day of MaY 1993.
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MariynG'✓ Anderson,
10th
Vernon F. Reinert, Mayor
6-n
Motion for the adoption of the foregoing Ordinance was duly
seconded by Council Member Bergeson and upon vote being
taken thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said Ordinance was declared duly passed and adopted.
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Council Member Kuether
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 23 — 93
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION
OF REPORT, EXTENSION OF UTILITIES, WHITE PINE ROAD
BE IT RESOLVED BY THE CITY OF LINO LAKES, MINNESOTA:
1. A certain petition requesting the installation sanitary sewer
and municipal water on White Pine Road, filed with the City
Council on May 10, 1993, is hereby declared to be signed by
the required percentage of owners of property affected
thereby. This declaration is made in conformity to Minnesota
Statutes, Section 429.035 and Chapter 8 of the Lino Lakes City
Charter.
2. The petition is hereby referred to John Powell, TKDA and he is
instructed to report to the City Council with all convenient
speed advising the City Council in a preliminary way as to
whether the proposed improvement is feasible and as to whether
it should best be made as proposed or in connection with some
other improvement, and the estimated cost of the improvement
as recommended.
Adopted by the Lino Lakes City Council this 10th day of May, 1993.
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Vernon F. Reinert, Mayor
ailyn G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Neal and upon vote being taken
thereon, the following voted in favor thereof: Bergeson, Elliott,
Kuether, Neal, Reinert.
The following voted against same: None.
Whereupon said resolution was declared duly passed and adopted.
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Council member Elliott introduced the
following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NUMBER 24-93
RESOLUTION ADOPTING DONATION GUIDELINES
Whereas, from time to time the City of Lino Lakes receives donations from outside
organizations and individuals and,
Whereas, the City currently does not have a formal written procedure to follow
with regard to received donations and,
Whereas, by adopting and administering a formal written donation procedure
the City Council and Administration would be kept aware of all
donations received by the City and will know what project or area
the donation would benefit.
Now Therefore Be It Resolved, that the following procedure be adopted with regard
to donations from outside organizations or individuals.
A. Department heads will submit any proposed donation to Administration and
Finance, and
B. Upon receipt of such donation a resolution will be prepared by the
Department Head for the City Council to adopt which will:
1. Accept the specifically described donation,
2. Express the City Council's appreciation for the donation
and,
3. Formally appropriate the money to the intended account
of the General fund and designate the proposed use of the
donation and department responsibility, and
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C. City staff will make every effort to cooperate with potential donors and
provide any information necessary to assist donor proposals for City
Council consideration. The City Council strongly discourages City
departments from continuous or extensive lobbying efforts of specific
organizations or individuals.
Adopted by the City Council of Lino Lakes this 10th da stf May, 1993.
Vernon F. Reinert, Mayor
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Mar-lyn d. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Neal and upon vote being taken thereon, the following voted in
favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert.
The following voted against same: None.
Where upon said resolution was declared duly passed and adopted: