Loading...
HomeMy WebLinkAbout06/27/1994 Council Minutes (2)246 CITY COUNCIL MEETING CITY OF LINO LAKES COUNCIL MINUTES JUNE 27, 1994 DATE June 27 1994 TIME STARTED:.:.....:. TIME ENDED MEMBERS PRESENT; Neal, Kuether, Elliott M EMBERS.ABSENT__.:: Bergeson, Reinert. Staff members present: City Engineer, Darrell Schneider; Building Official, Peter Kluegel; Public Works Supervisor, Don Volk; Planning Coordinator, Mary Kay Wyland; Consulting Planner, John Powell; City Administrator, Randy Schumacher and Clerk - Treasurer Marilyn Anderson. There were no changes to the regular agenda. Council Member Kuether asked that the disbursements be removed from the consent agenda and placed on the regular agenda under Open Mike. CONSENT AGENDA Council Member Kuether moved to approve the consent agenda as revised. Council Member Elliott seconded the motion. Motion carried unanimously. ITEM DISPOSITION Consideration of Minutes, June 13, 1994 Approved Consideration of Disbursements: 1. Centennial Fire Department Approved PAGE 1 1 1 1 CITY COUNCIL MEETING JUNE 27, 1994 REGULAR AGENDA OPEN MIKE No one appeared under open mike. Consideration of Disbursements, June 27, 1994 - Council Member Kuether asked about the payment to the Centennial Fire District from the Ladies Auxiliary, Circle -Lex VFW Post #6583. Mr. Schumacher explained that the Auxiliary has donated money to the City to purchase some items for the Safety Camp. The City is disbursing the money to the Fire Department so that they can actually make the purchases. Council Member Kuether asked about the disbursement to the Circulating Pines for a display ad. Mr. Schumacher explained that was for the open house celebration. Council Member Kuether asked about the disbursement to Aid Electric Service. Mr. Schumacher explained that this was for the maintenance of emergency sirens. Council Member Kuether moved to approve the disbursements as presented. Council Member Elliott seconded the motion. Motion carried unanimously. PRESENTATION OF THE ANNUAL AUDIT FOR THE YEAR ENDING DECEMBER 31, 1993, MR. FRED ESPE Mr. Espe briefly explained the audit. The audit had been presented to the City Council in more detail at the 6:00 Special Council meeting. Highlights of Mr. Espe's presentation include; property tax collection rate is at 102% which is up 4% over 1992. Property taxes rose 1/10 of 1% in 1993. The General Fund reserve balance was increased by $350,653.00 in 1993. The total General Fund reserve is now more than $1,756,000.00. This is adequate to cover cash flow needs and the general contingency reserve. However, the employee contingency reserve is short by about $172,000.00. The Area and Unit Charge Fund is ahead of schedule which is a very positive position for the Fund. Generally the City's financial condition is very healthy. Council Member Kuether moved to accept the 1993 Annual Audit and Federal Audit reports as presented. Council Member Elliott' seconded the motion. Motion carried unanimously. PAGE 2 24 2.48 CITY COUNCIL MEETING PLANNING AND ZONING BOARD REPORT, MARY KAY HYLAND JUNE 27, 1994 Consideration of Final Plat, Fox Trace - Ms. Wyland explained that she would like this item tabled until the July 11, 1994 City Council meeting. A public hearing is scheduled for 6:45 P.M. to vacate a portion of easement on the southern boundary of the plat. A four-fifths City Council vote is required to approve the vacation. Since only three (3) Council members are present, the vacation of the easement item must also be tabled. Since vacating the easement is a condition of the final plat, the City Council cannot take action on the final plat this evening. Council Member Elliott moved to table this item until July 11, 1994. Council Member Kuether seconded the motion. Motion carried unanimously. Consideration of a Letter from Hokanson Construction Regarding Trapper's Crossing - At the June 8, 1994 Planning and Zoning Board meeting, the Board denied a request by Mr. Hokanson to allow a Planned Unit Development (PDO) for the development known as Trappers Crossing. Since that time, Mr. Hokanson has submitted a letter to the City requesting that the City Council direct his proposal back to the Planning and Zoning Board. His intention is to show an R -1X development compared to the submitted PDO development. The denial of the PDO by the Planning and Zoning Board has not been submitted to the City Council this evening because action would require a four-fifths vote of the City Council. Mr. Kirk Corson and Mr. Roger Hokanson were in the audience and Mr. Corson present both the proposed R -1X development and the PDO development. Mr. Corson noted that the plat contains approximately 140 acres. Because of the large amount of wetlands, only 72 acres can be developed. Some of the 72 acres is also considered wetlands and development will take place around the wetlands. Mr. Corson explained that his planner felt a PDO development would fit the area and this idea was supported by City staff. The PDO concept shows 119 lots on 72 acres. Some of the lots are very large and four (4) lots do not meet the R -1X standards. The R -1X concept shows 104 lots on 72 acres. It also shows more road surface and smaller lots facing the exterior wetlands. Mr. Corson explained that the R -1X concept would increase the cost to develop each lot about $10,000.00. Council Member Kuether asked Mr. Corson to send each Council member a copy of the two (2) concepts for their review. Council PAGE 3 1 1 1 1 1 CITY COUNCIL MEETING JUNE 27, 1994 Member Elliott asked why both concepts were not available for the Planning and Zoning Board to study. Mr. Corson explained that his engineer was busy and unable to get the information for that meeting. Council Member Kuether moved to return the Trappers Crossing plat to the Planning and Zoning Board for further consideration after the developer shows them the difference between the two (2) concept plans. She noted that the City Council is leaning toward the PDO concept because the City would have more control over the actual development. Council Member Elliott seconded the motion. Motion carried unanimously. Council Member Kuether asked if the plat was presented at the June Planning and Zoning Board for the second time. Mr. Corson said it was the third time. Council Member Kuether asked if the changes suggested by the Planning and Zoning Board incorporated into the plat. Mr. Corson said some changes were made and he felt that everything was done that could be done. Acting Mayor Neal asked if the R -1X concept plan met all R -1X requirements. Mr. Corson said yes. Voting on the motion, motion carried unanimously. CONSIDERATION OF THE ANNUAL REVIEW OF CONDITIONAL USE PERMITS, PETER KLUEGEL Mr. Kluegel explained that each year Conditional Use Permits (CUP) are reviewed for compliance to required stipulations and complaints received regarding their use. The CUP's have been classified into three (3) categories: 1) presently active and in compliance; 2) inactive and no longer in operation; and 3) those that require further review and an amended CUP. Mr. Kluegel explained that the amended CUP's will be brought before the City Council for their approval. Mr. Kluegel explained that the businesses that need further review have either intensified their business or have outside storage that would require a CUP. Council Member Kuether moved to accept the report and classification of CUP's. Council Member Elliott seconded the motion. Motion carried unanimously. CITY ENGINEER'S REPORT, DARRELL SCHNEIDER Mr. Schneider did not have a report. PAGE 4 24') 250 CITY COUNCIL MEETING JUNE 27, 1994 PUBLIC HEARING, VACATION OF A PORTION OF ROADWAY EASEMENT ON SOUTHERN BOUNDARY OF FOX TRACE, MARY KAY WYLAND Acting Mayor Neal opened the public hearing at 7:00 P.M. Ms. Wyland explained that in January, 1994 the City Council approved the preliminary plat of Fox Trace with the condition that the existing 33 foot roadway easement on the southern boundary be vacated except for a portion on the westerly boundary of the plat. The remaining 33 foot easement will be used for park trail access. The developer has no objection to the vacation and the adjoining property owner, John Tobish is present this evening. Ms. Wyland recommended that the City Council take no testimony this evening and the matter be tabled until the July 11, 1994 City Council meeting because two (2) Council members are absent and a four -fifth vote is required on any action taken by the City Council. Mr. Tobish told the City Council that he objected to the vacation of the easement. Mr. Tobish was asked to return on July 11, 1994 to state his objections. Council Member Kuether moved to continue the public hearing to 6:45 P.M., July 11, 1994. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDER SETTING PUBLIC HEARING FOR UTILITY RATE ADJUSTMENT, MONDAY, JULY 25, 1994, 6:45 P.M., DARRELL SCHNEIDER Mr. Schneider explained that it has been three (3) years since the last utility rate study was completed. It is again necessary to increase revenues for the Utility Fund to make sure that the Fund is operating -as prescribed by the Lino Lakes Charter. Mr. Schneider noted that more than one half of the sewer system revenues goes directly to the Metropolitan Waste Control Commission. In addition the City needs to consider the installation of another well. Mr. Schneider recommended setting a public hearing to allow for public discussion on the matter. Council Member Elliott moved to set the public hearing for Monday, July 25, 1994, 6:45 P.M. Council Member Kuether seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FIRST READING OF ORDINANCE NO. 10 - 94 AMENDING THE PERMIT FEE FOR CONNECTION TO THE MUNICIPAL WATER AND SANITARY SEWER SYSTEM, DON VOLK Mr. Volk explained that the purpose of this ordinance is to amend the City Code to allow the City Council to set municipal water PAGE 5 1 1 1 1 1 CITY COUNCIL MEETING JUNE 27, 1994 connection permit fees and sanitary sewer connection permit fees by Council resolution. This would eliminate the need to amend the City Code every time the connection fees are changed. Mr. Volk explained that he will proposed that a resolution be passed to increase the municipal water connection fee from $50.00 to $100.00. The City has recently instituted a new procedure to connect to municipal water when the connection is in the middle of a driveway. The new procedure requires the installation of "manhole" provided by the City. The cost of the "manhole" is about $50.00. The increase in the municipal water connection permit fee will cover the cost of the "manhole". Council Member Kuether moved to adopt the FIRST READING of Ordinance No. 10 - 94 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION NO. 94 - 37 SETTING THE PERMIT FEES FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM AND THE SANITARY SEWER SYSTEM, DON VOLK The purpose of this resolution is to establish permit fees for connection to the municipal water system and the sanitary sewer system. Currently these fees are established by the City Code. The City Code is being amended to allow these fees to be changed by resolution. This would eliminate the need to adopt an ordinance and amend the City Code every time permit fees are changed. The current fee is $50.00 for a permit to connect to the municipal water system and $75.00 to connect to the sanitary sewer system. The resolution would set the fees at $100.00 for the municipal water system permit and the sanitary sewer connection permit would remain at $75.00. The reason for the increase in the water connection permit is to cover additional costs incurred by the City for supplying water valve "manholes" for residential driveways. Mr. Volk explained that connection permit charges are established to cover the costs incurred by the Utility Department for inspections and other related costs. They are not intended to be revenue producing fees for the City. Council Member Kuether moved to adopt Resolution No. 94 - 37 and dispense with the reading. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 37 can be found at the end of these minutes. Mr. Volk noted that the resolution does not become effective until after the second reading of Ordinance No. 10 - 94 and its publication as required by the City Charter. PAGE 6 25; ?c CITY COUNCIL MEETING JUNE 27, 1994 CONSIDERATION OF THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST EXCESS LIABILITY INSURANCE COVERAGE, RANDY SCHUMACHER Mr. Schumacher explained that this item has been discussed at the City Council work session and briefly explained that each year the City Council has the option of waiving its monetary limits on tort liability to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. The limit of liability is currently $600,000.00 per occurrence or incident. The City of Lino Lakes does carry additional umbrella liability coverage in the amount of $1,000,000.00 in the event that the limits were ever declared to be unconstitutional. Mr. Schumacher noted that the City has never waived its monetary limits on tort liability. Mr. Schumacher was asked how long the coverage has been at $600,000.00. He explained for as long as he could remember. Council Member Kuether moved that the City of Lino Lakes does not choose to waive its monetary limits on tort liability established by Minnesota Statute 466.01. Council Member Elliott seconded the motion. Motion carried unanimously. CONSIDER APPOINTING AN ELECTED OFFICIAL TO THE BALD EAGLE LAKE ASSOCIATION, RANDY SCHUMACHER Mr. Schumacher explained that he has received a letter from the Bald Eagle Lake Association expressing concern about debris that collects on the ice during the winter fishing season. The Association is interested in establishing a committee to develop a plan that would define and adopt new, enforceable local rules geared to protect the lake. The DNR would be asked to become involved in this plan as well as elected officials from surrounding communities. The association is asking that the City Council appoint a member to this committee. Their first scheduled meeting is June 28, 1994. At the work session, Council Member Kuether volunteered to represent the Lino Lakes City Council. Council Member Elliott moved to appoint Council Member Kuether to the committee. Acting Mayor Neal seconded the motion. Motion carried unanimously. CONSIDERATION OF AUTHORIZING A LETTER OF SUPPORT FOR THE COTTAGE HOMESTEADS OF WILLOW PONDS, RANDY SCHUMACHER The City of Lino Lakes has been working with Cottage Homesteads over the past two (2) years to establish senior housing in this community. Cottage Homestead has submitted a proposal to the PAGE 7 1 1 1 1 1 1 CITY COUNCIL MEETING JUNE 27, 1994 Minnesota Housing Finance Agency (MHFA) for tax credit allocations. The MHFA is requesting comments from the City regarding this proposal. Mr. Schumacher requested authorization to prepare a letter of support emphasizing the need for a project of this nature. Mr. Schumacher noted that Cottage Homestead does have a letter of commitment from First Banks and NSP is still committed to the plan. Council Member Kuether asked if the rents have been established for the units. Mr. Schumacher said rents will depend on the federal credits received from the MHFA and other factors. Council Member Kuether moved to authorize the City Administrator to prepare a letter on behalf of the City Council supporting the project. Council Member Elliott seconded the motion. Motion carried unanimously. OLD BUSINESS Update of Centerville Annexation Appeal - Mr. Schumacher explained that the appeal period has lapsed and the City of Centerville did not appeal the ruling in favor of the City of Lino Lakes. The matter involved 111 acres in the commercial/industrial area of Lino Lakes on the east side of I35E. The City spend significant time and money to protect the property. The legal fees, costs of documents needed for testimony before the municipal board and other consultant fees amounted to $50,610.00. This does not include the cost of staff time or other "soft" costs. Mr. Schumacher explained that the City staff will continue to work with the landowners involved in the annexation process so that their land can be developed. OLD BUSINESS Consideration of Resolution No. 94 - 35 Accepting Donation from the Ladies Auxiliary, Circle -Lex VFW, Post #6583 - The Ladies Auxiliary has donated a total of $1,700.00 to be used for some of the expenses for the Youth Safety Camp, and for Police Department items including a new American Flag, a POW flag, orange safety vests and IBM computer equipment/software. The Ladies Auxiliary have previously donated funds to help purchase several ballistics vests. Chief Pecchia thanked the Ladies Auxiliary for their support both financially and morally. PAGE 8 2r 5 4 CITY COUNCIL MEETING JUNE 27, 1994 Council Member Elliott moved to adopt Resolution No. 94 - 35 and dispense with the reading. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 94 - 35 can be found at the end of these minutes. Consideration of Resolution No. 94 - 36 Accepting Donation from the Circle -Lex VFW, Post 16583 - Chief Pecchia explained that the Circle -Lex VFW has donated funds to purchase a Mobile Data Terminal (MDT) for the new squad recently placed into service. The MDT provides the officer driving the squad access to information regarding the driver and vehicle he has just stopped. The MDT is also used to assign calls for service to the officer in the squad; assign confidential phone call reports to an officer rather than over the radio airwaves, provides the supervisors a method of sending officers information and monitors the officers daily activities. Chief Pecchia noted that all marked squad cars are now equipped with MDT's. Council Member Kuether moved to adopt Resolution No. 94 - 36 and added a "big" thank you to the Circle -Lex VFW. Council Member Elliott seconded the motion. Motion carried unanimously. Resolution No. 94 - 36 can be found at the end of these minutes. Chief Pecchia said he would be sending a personal "thank you" to both the Circle -Lex VFW and the Ladies Auxiliary. Consideration of a Request for a Block Party on the Mourning Dove Road Cul -de -Sac - A request has been received for a block party as explained above. It appears that all affected residents on the cul-de-sac have been notified and in fact are invited to help plan and attend the event. In the past, the City Council has encouraged block parties since it is a good method for neighborhoods to get to know each other. Council Member Elliott moved to approve the block party request. Council Member Kuether seconded the motion. Motion carried unanimously. Cottage Homesteads Update - Mr. Schumacher explained that First Bank has issued a letter of commitment for financing of the Senior Project. If the Minnesota Housing Federal Authority (MHFA) does issue tax credits to the project, construction will begin in 1994. Cottage Homesteads has refined their proposal and has the bank financing commitment which should help to obtain the tax credits. Council Kuether asked if the rent has been established for the units. Mr. Schumacher said the rent will be dependent upon the PAGE 9 1 1 1 1 CITY COUNCIL MEETING JUNE 27, 1994 federal tax credits received from the MHFA and other factors. Council Member Kuether expressed concern that Lino Lakes citizens will not qualify or be able to afford the rent. Mr. Schumacher explained that there are still many aspects of the project to be finalized and the City Council will have input into the amount of rent that will be charged. Council Member Kuether moved to adjourn at 7:28 P.M. Council Member Elliott seconded the motion. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on July 11, 1994. Marily G. Anderson, Clerk -Treasurer Vernon F. Reinert, Mayor PAGE 10 c,� 2.56 Council Member Elliott introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 94 — 35 RESOLUTION ACCEPTING DONATION FROM THE LADIES AUXILIARY, CIRCLE—LEX VFW POST #6583 WHEREAS, the Lino Lakes Police Department, the Centennial Fire Department and the Lino Lakes Parks and Recreation have planned a one day safety camp for elementary children and have a need for financial aid to cover the costs, and WHEREAS, the Police Department has provided a plan to purchase ballistic vests for each individual Police Officer and financial aid is needed to complete the purchases, and WHEREAS, the Ladies Auxiliary, Circle -Lex VFW Post #6583 has seen the need for a new American Flag, a POW Flag, orange vests and IBM 486 computer equipment/software for the Police Department, WHEREAS, the Ladies Auxiliary, Circle -Lex VFW Post #6583 has donated two (2) checks in the amount of $850.00 each for the purchase of the above named items, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $1,700.00 for Police Department items and the costs of the safety camp and wishes to express its gratitude to the Ladies Auxiliary, Circle -Lex VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 27th day of June, 1994. Vernon F. Reinert, Mayor �6 t� is/ L.��1EJl%Cy't� Marilyn!G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Neal. The following voted against same: none, Council Member Bergeson and Mayor Reinert were absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1 1 1 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 36 RESOLUTION ACCEPTING DONATION FROM THE CIRCLE—LEX VFW, POST #6583 WHEREAS, the Lino Lakes Police Department had a need for a Mobile Data Terminal (MDT) to be installed in a new squad car, and WHEREAS, a MDT was not budgeted in 1994 for the new squad car, and WHEREAS, the Circle -Lex VFW Post #6583 was made aware of the need for the MDT and has donated $5,294.12 to the City for the purchase of the MDT, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby accepts the donation of $5,294.12 for the MDT and wishes to express its gratitude to the Circle -Lex VFW Post #6583 for its donation. Adopted by the Lino Lakes City Council this 27th day of June, 1994. Vernon F. Reinert, Mayor Marilyn . Anderson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Elliott, Neal, Kuether. The following voted against same: none, Council Member Bergeson and Mayor Reinert were absent. Whereupon said resolution was declared duly passed and adopted. 25 256 Council Member Kuether moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 94 — 37 RESOLUTION SETTING THE PERMIT FEES FOR CONNECTION TO THE MUNICIPAL WATER SYSTEM AND THE SANITARY SEWER SYSTEM WHEREAS, the Lino Lakes City Code provides in Chapter 401, Municipal Water System, Section 401.19, Service Charges, Subdivision 1, Permit Fees and in Chapter 402, Sanitary Sewer System, Section 402.04, Permits, Licenses, Fees, Bond and Insurance, that fees for permits shall be established by City Council resolution, and WHEREAS, such resolution has not yet been adopted, NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes hereby establishes permits fees as follows: 1. Permit to connect to the municipal water system: $100.00 2. Permit to connect to the sanitary sewer system: $ 75.00 BE IT FURTHER RESOLVED, that this resolution will become effective on August 14, 1994. Adopted by the Lino Lakes City Council this 27th day of June, 1994. Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council Member Elliott and upon vote being taken thereon, the following voted in favor thereof: Elliott, Kuether, Neal. The following voted against same: none, Council Member Bergeson and Mayor Reinert were absent. Whereupon said resolution was declared duly passed and adopted. 1 1 1