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HomeMy WebLinkAbout09/24/1984 Council Minutes (2)1 Council Meeting September 24, 1984 005 The regular meeting of the Lino Lakes City Council was called to order at 7:05 P.M. by Mayor Benson. Members present: Kulaszewicz, Marier, Reinert, Bohjanen. City Attorney John Burke, Engineer John Davidson, City Administrator Randy Schumacher, Deputy Clerk Marilyn Anderson were also present. Mr. Kulaszewicz asked for a minute of silent prayer in respect for Mr. Henry Rosengren who passed away earlier this month. Mr. Rosengren was a past councilmember and respected member of this community. MINUTES - SEPTEMBER 5, 1984 Mr. Marier moved to accept the September 5, 1984 minutes as presented. Mr. Bohjanen seconded the motion. Motion carried. MINUTES - SEPTEMBER 10, 1984 Mr. Reinert asked these minutes be amended as follows: First page, first paragraph - "Mr. Reinert entered the meeting at 7:30 P.M .H Mr. Marier moved to accept the 9/10/84 minutes as corrected. Mr. Reinert seconded the motion. Motion carried with Mr. Kulaszewicz abstaining. CONSIDERATION OF DISBURSEMENTS - SEPTEMBER 24, 1984 Mayor Benson noted the Council had before them a breakdown of the bill submitted by Lino Cabinet for design of the Senior Center kitchen. Mr. Kulaszewicz asked what the parking ticket item under the police department was for. Chief Myhre explained two officers were attend- ing court and the meter ran out. Chief Myhre was asked to see if the City of Anoka would forgive this ticket. Mayor Benson questioned the long distance phone call under miscellan- eous. Mr. Schumacher explained it was a private phone call that has already been reimbursed. Mr. Marier moved to accept the September 24, 1984 disbursement and the Lino Cabinet disbursement. Mr. Kulaszewicz seconded the motion. Motion carried. OPEN MIKE No one appeared under open mike. DISCUSSION OF DOG CONTROL ORDINANCE Mr. Schumacher explained because of Mr. Shackle's complaint regarding his dog being picked up by White Bear Animal Control, he had the City intern, Dan Tesch check to see how other cities were handling the situation of a "dog at large ". The memo from Mr. Tesch tells how six other cities handle this problem. Mr. Schumacher asked if the Council wanted to consider a change in the dog control code. 006 Council Meeting September 24, 1984 Page -2- Mayor Benson felt that the present code did not create enough of a problem to consider a change at this time. This information should be kept on file and White Bear Animal Control should be told to be more prudent and less restrictive. CONSIDERATION OF RESOLUTION # 84 -25 (RICE LAKE AREA UTILITIES) (Resolution #84 -25 can be found on page 279 (August 13 Council Meet- ing) of the permanent Council minutes book. Mr. Kulaszewicz read portions of letters submitted by Glenn Rehbein Excavating and Ulmer Construction stating they would post letters of credit for their own assessments but could not give letters of credit on the trunk line. They felt the City had some obligation as far as the trunk line was concerned. In light of what happened three years ago, he felt he could not support Resolution #84 -25. Mr. Reinert felt this situation is different than three years ago. This is not a mandatory situation, if someone did not want to hook up to this line they did not have to and would not be assessed. This Council has handled this project differently. There were plenty of public meetings. This proposed trunk line will be paid as people hook up to it, there will be no cost to the City. The City will bond and assess only those who hook up to the line. Mr. Marier asked what are the projected development plans of the five developers. He felt not knowing what the development rate would be, the City would not know howiong they will have to be bankers. He would like to know the projected growth. Mayor Benson suggested that maybe the Resolution encompassed too large an area. He also felt we should not cut back without looking at the prison. Two of the developers are ready to go now. Maybe the Resolu- tion could be contingent upon receiving plans and specifications from the builders and time frames for the necessary payments through the developers agreement. Mr. Marier said he had a problem with the 35 %letter of credit. Mr. Schumacher said the developers letters listed two concerns; 1) concern of the letters of credit for the trunk line, 2) concern of developers paying for cost of the trunk and at a later date a nearby parcel of property coming to the trunk line and getting a large benefit and not paying for the up front costs. The City Attorney had said this concern could be worked out so the five original developers could recoup some of their costs. Mr. John Juleen from the audience felt this proposal is the same proposal as three years ago. He was concerned about who would pay the bond if the developers could not. He also felt that people now living in Lino Lakes would be forced to hook up. 1 1 1 1 Council Meeting September 24, 1984 Page -3- Mr. Ross from the 'audience stated that St. Joseph's Chuch is not considering hooking up to this trunk line at all. Mayor Benson said the Council was aware of this. 007 Mr. Reinert asked Mr. Ku'laszewicz if the Council decided not to put in a sewer line for the benefit of the development that is proposed to take place in this City at the present time, what are your thoughts in terms of the future of the City as far as you see our City develop- ing, would you then propose we be a City of acre lots? Mr. Kulaszewicz said he would be protected from holding the bag five years from now. If it can be proved that 35% letter of credit is sufficient, OK, so be it. Mayor Benson explained what 35% means. Mr. Reinert reiterated how the Council did arrive at the 35% letter of credit. He questioned - is this City ever going to go forward? This is the time to plan development and have the City grow intelligently. Mr. Marier felt this is correct, but felt the 35% letter of credit is the problem. Mr. Juleen from the audience asked why Rice Lake Estates plat could not be hooked up to Circle Pines. Mayor Benson said they could have done this but the City intervened and asked the consultants to look at a larger area. Mr. Juleen felt if the developers aren't building the home owners will be forced to hook up to the sewer. Mayor Benson said this will not happen because we are a Charter City. Mr. Davidson explained what the 35% guarantee or letter of credit means. Mayor Benson called for a five minute bred{ at 8:00 P.M. The meeting reconvened at 8:10. Mr. Kulaszewicz said he would like to have the developers agreement rewritten. Mr. Schumacher said the City Attorney would prepare the document with the correct language then obtain the developers' signa- tures. The next step would be for the Council to authorize prepara- tion of plans and specifications. It was noted the project could include portions of the original proposed project. The area could be made smaller. Mayor Benson called for a motion. Mr. Marier moved to authorize the City Administrator to draw up a developers' agreement along with the steps of the project which include A, B, C, D, where the line will be placed. After further discussion, Mr. Marier withdrew his motion. Mayor Benson called for another motion. There were none. 7:30 PUBLIC HEARING - DRAFT SIGN ORDINANCE #09 -84 Mr. Bohjanen moved to continue the public hearing until Tuesday, October 9, 1984. Mr. Kulaszewicz seconded the motion. Motion carried. Mayor Benson asked that a member of the P & Z Board be present at the hearing. Council Meeting September 24, 1984 Page -4- PLANNING AND ZONING REPORT - PETE KLUEGEL A. Amended. Conditional Use Permit - House of Praise - Mr. Kluegel asked the Council to set a public hearing for Tuesday 10/9/84 for this request. Mr. Bohjanen moved to set a public hearing fo 10/9/84 at 8:00 P.M. Mr. Marier seconded the motion. Motion carried. B. Metes and Bounds Conveyance, Site and Building Plan Review - Bastien Products - This request is for an additional building to be built on the property adjacent to the present bulding. This proposal will remedy a parking problem. The entire proposal has been approved by the P & Z Board. The second part of the request is for conveyance of a parcel of land of 1.56 acres from Mrs. Elsie Wenzel to Bastien Products. Mayor Benson asked about the park dedication and Mr. Kluegel said this would be paid at the time the permit is issued. Mr. Kelling from the audience said the parking problem does need a solution because it has been 1 problem for years. Mr. Kulaszewicz moved to approve this request. Mr. Marier seconded the motion. Motion carried. Mr. Kluegel said he now has a signed contract for completion of streets in Menkveld's Forest Glen this fall, so the letter of credit will not have to be renewed. He has not contacted Glenn Rehbein as of yet. Mayor Benson asked Mr. Kluegel.to update the Board on this. CONSIDERATION OF SETTING A PUBLIC HEARING - FEDERAL REVENUE SHARING BUDGET Mr. Marier moved to set the public hearing for 8:15 P.M. October 9, 1984. Mr. Bohjanen seconded the motion. Motion carried. CONSIDERATION OF ADOPTING A POLICY ON DISCRIMINATION AGAINST HANDI- CAPPED PERSONS Mr. Schumacher explained this is a new Federal Revenue Sharing require- ment. A complaint form has been drafted and attached to the present complaint policy from the City Code. Mr. Bohjanen moved to accept the policy as presented. Mr. Kulaszewicz seconded the motion. Motion declared passed. CONSIDERATION OF APPOINTING A SENIOR CENTER COUNCIL A list of nine names were submitted to the Council for consideration. Mr. Reinert moved to approve all the names on the list. Mr. Marier seconded the motion. Motion carried. Mayor Benson said he would • like to meet with the committee before he appoints a chairperson. 1 1 1 Council Meeting September 24, 1984 Page -5- CONSIDERATION OF ORDINANCE #10 -84, CIRCLE PINES GAS FRANCHISE - 2ND READING 009 Mr. Kulaszewicz moved toidispense with the second reading and adopt Ordinance #10 -84 as it appears within the 9/10/84 Council minutes. Mr. Marier seconded the motion. Motion carried with Mr. Bohjanen vot- ing no. CONSIDERATION OF ORDINANCE #11 -84, FIRST READING, RENAMING 133RD AVE. Mrs. Anderson read the following ordinance: CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance #11 - 84 AN ORDINANCE RENAMING A PUBLIC STREET KNOWN AS 133RD AVENUE TO BE HEREAFTER CALLED OLIVE STREET. Pursuant to the authority granted by M.S.A. S412.221, Subd. 18, the City Council of the City of Lino Lakes, Anoka County, Minne- sota, does ordain: The following described public street is hereby renamed and said public street shall hereafter be called Olive Street. The public street dedicated to the City of Lino Lakes or Anoka County, Minnesota according to the map thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, known and described as 133rd Avenue. II. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Code. Passed by the City Coun,9i1 of the City, of Lino Lakes, Anoka day of O�i 0,g &,e , 1984. County, Minnesota, this g Marilyn G. Anderson, Deputy Clerk (CITY SEAL) 010 Council Meeting September 24, 1984 Page -6- Mar. Marier moved to accept the first reading of Ordinance #11 -84. Mr. Kulaszewicz seconded the motion. Motion carried. NEW BUSINESS A. Set Ways and Means Committee meeting - a meeting was set for Friday 9/28/84 at 9:00 a.m. B. Consideration of Chief of Police Resignation - Mr. Kulaszewicz moved to consider Dave Zerwas as officer in charge until such a permanent decision is made by the City Council. Mr. Marier seconded the motion. Motion carried. His responsibilities will be discussed at the Ways and Means Committee on Friday. OLD BUSINESS The Mayor asked Mr. Schumacher to contact the members of the Senior Council and set a date for him to meet with them to establish a date for an Open House of the Senior Center and City Hall. Mayor Benson asked if the Council has to take some further action in regard to the Rice Lake Estates plat and utility service for that area. Mr. Schumacher explained the City has approved the Rice Lake plat and is required to serve them with utilities. Mr. Marier asked that a breakdown of grant monies, who paid for what and where the furniture was purchased be available for the Open House. Mr_ Kulaszewicz moved to adjourn at 8:45 P.M. Mr. Marier seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting of Council held on October 9, 1984. Marilyn b. Anderson, Deputy Clerk 1 1