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HomeMy WebLinkAbout05/10/1993 Council Minutes1 1 1 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 1 163 164 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 2 1 1 1 1 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. 3 165 166 CITY COUNCIL May 10, 1993 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 - 4 1 1 1 1 1 1 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 5 168 CITY COUNCIL May 10, 1993 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 - 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 6 1 1 1 1 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: 7 169 170 CITY COUNCIL May 10, 1993 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 8 Vernon F. Reinert, Mayor 1 1 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. 171 172 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. /^ 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. 1 1 1 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. l 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. 173 74 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 1 1 1 175 1 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 1M 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: