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HomeMy WebLinkAbout09/08/1980 Council Minutes1 1 August 25, 1980 The Council had no further questions. Mr. Jaworski moved to approve the Rezoning of Tracts A & Q, Brian Dobie's Addition, from R -1 to R -2. Seconded by Mr. Kulas- zewicz. Motion carried unanimously. Mr. Jaworski moved to close the hearing at 8:35 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley presented a request for the use of the Council Chambers by Control Data for 8 weelSs for class room. There would be approximately 20 persons, 5 days a week, for instruction in computer classes. After some discussion, it was suggested that Mr. Schumacher present the Council's decision that the charge would be $50.00 per day. There was a request for a building permit in the area of the City that has a mora- torium on any new construction. The lot is located at 7143 Peltier Lake Drive, has been a lot of record since 1941, has only a 30 foot easement for frontage, had been considered by the Planning and Zoning Board and has a variance to this frontage problem. The Council reviewed this request and Mr. Jaworski moved to grant the building permit with the stipulations as set forth in the variance. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mrs. Elsenpeter moved to adjourn at 9:05 P.M. Seconded by Mr. Kulaszewicz. Aye. Resolution authorizing the City Clerk to submit 1980 -81 SASP purchasing contract: WHEREAS, the Lino Lakes City Council feels that the City has greatly benefited from the past participation with SASP, and, WHEREAS, the program assists the City in keeping operating costs to a minimum, thus saving tax dollars, and, THEREFORE BE IT RESOLVED that the 1980 -81 S.A.S.P. contract be completed by the City Clerk and re- submitted to the Central office for processing. These minutes were considered, corrected, and approved at a regular meeting held on September 8, 1980. 41,-6-- V) V Edna L. Sarner Clerk- Treasure September 8, 1980 The.reguslr meeting of the Lino Lakes City Council was called to order at 7:30 P.M. September 8, 1980 by Mayor Goursey, Council members present; Elsenpeter, Jawoorski, Kulaszewicz, McLean. Absent; None. Mr. Locher, Mr. Meister, and Mr. Schumacher were also present. III The minutes of August 25, 1980 was considered. There were no adglltions or corrections. Mayor Gourley declared the minutes approved as prededtd. The minutes of Auguat 28, 1980 was considered. There were no additions or correc- tions. Mayor Gourley declared the minuted approved as presented. September 8, 1980 The disbursements were considered. Mayor Gourley noted there is an addition to the disbursment list. A C.O.D. package had arrived at the office and the Clerk had paid for the item with her personal check in the amount of $42.39. There was a question on the check to Don Striecher Guns - this item is a light bar for the squad car. Mr. Jaworski requested that such unusual items be noted so questions aren't necessary. Mr. Jaworski moved to approve the disbursements including the addition as presented. Seconded by Mr. Kulaszewicz. Motion car- ried unanimously. Under Open Mike, Mr. Pete Nadeau had been scheduled. Mrs. Nadeau had been here earlier and said Mr. Nadeau would noj- be able to be here this early. Mayor Gourley had told her he would try and fit Mr. Nadeau in at a later time. Mayor Gourley presented a Resolutuon authorizing the Clerk to sign the application form for a contract for purchasing at SASP, for the 1980 -81 contract year. Mr. McLean moved to approve this Resolution. Seconded by Mr. Jaworski,. Motion carried unanimously. Mr. Schumacher presented the request for interfund transfer of monies. This is for the transfer of Federal Revenue Sharing Funds from that fund to the general fund, also some monies from the dedicated park funds to the general fund. Mr. Schumacher pointed out this is basic housekeeping to keep fund balances correct. Mr. Jaworski moved to approve the transfer of $47,198.00 from Federal Revenue Sharing funds to General Funa. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Jaworski moved to approve the transfer of $4,600.00 from Dedicated Park funds to General fund. Seconded by Mr. Kulaszewica. Motion carried unanimously. The Public Hearing on the Assessment Rolls for the Black Duck Drive project. Mayor Gourley read a letter from Robert L. Peterson objecting to the policy of the City requiring all assessments to be prepaid before a building permit will be issued. The Clerk read the legal publication of notice that was published in the paper. Mr. Gotwald explained the matter in which the total cost of the project had been computed:. He also explained that the undeveloped lands to the North had been included in the computation for the amount it had cost to put the line deeper in order to service this land. Mr. Gotwald had also computed the approximate cost to the County for the portion of Black Duck Drive that borders Anoka County Park Property. However, this amount was not a part of the basic assessment roll, but was over and above. Mr. Gotwald explained that several methods had been conside- ered for spreading the costs of this improvement project. The final cost had to- taled out at $94.83 per front foot. The Tots on the cul -de -sac had been computed by adding the front footage and the rear footage and the $94.83 per foot computed on that figure. Mr. Gotwald discussed the reasons why he had computed the costs for the Anoka County Park land - the benefits to the park land by having water and streets abutting the lands for the use of fire departments. There was some discussion as to how this can be handled. The general consensus was that street and water should be assessed and sewer assessments deferred. Mr. McLean moved to assess the County for water and street for 535 feet and de- fer the sewer assessments until needed and then assess on a per connection basis. Seconded by Mr. Kulaszewicz. Motion carried unanimously. September 8, 1980 Mr. Gotwald noted that the assessment rolls.must be adopted by Resolution and then the property owners have 30 days in which to prepay the assessments. The assessments must be certified to the County Auditor before Oct. 10, 1980. Mr. Schumacher suggested that some response be made to Mr. Peterson's concerns. He read the st$tements from the Fiscal agent recommending the procedure for pre- payment of the specials. Mr. Schumacher suggested that the specials be prepaid at the time of occupancy. Mr. McLean felt this would be hard to police. Mr. Jaworski felt this is an effort on the part of the developer to force the specials onto the purchaser. Mr. Gotwald said there are several different owners in this area and, in almost all the loan institutions that he had checked, the specials must be prepaid before a mort- gage will be approved. There was discussion on this point with Mayor Gourley pointing out that the recom- mendations of the bonding agent to collect the assessments at the time the building permit is issued is unusual. He felt that this requirements should be at the time of closing and when an occupancy permit is issued. Mr. Schumacher pointed out that the bond issue of $935,000.00 must be paid as of December 1, 1983. Prepayments are important for the repayment of this money. Mr. McLean moved to approve the Assessments Rolls as presented by Mr. Gotwald, and this assessment be applied per front footage to all affected property. Seconded by Mr. Jaworski-:. Motion carried unanimously. Mr. Locher pointed out that the League has a proposed Resolution for the acceptance of this assessment roll. Mr. Locher will prepare this Resolution. This assessment is for a period of 10 years at 8 %. Mir,. McLean moved on the basis if, a Feinforced occupancy permit by the City Staff, that the full amount of the assessment be due and payable at the time of occupancy. Seconded by Mrs. Elsenpeter. Motion carried with Mr. Jaworski voting NO. Mr. Jaworski moved to close the hearing at 8:30 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley asked if the Council members had reviewed the Joint Agreement on the Housing Redevelopment Grant with the County, and Mrs. Elsenpeter moved to approve this Joint Agreement as drafted. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher reported that Mr. LeRoux had submitted the proper Certificate of Survey for the transfer of a parcel of property of less than the required frontage. Mr. McLean moved to approve the variance for the transfer of Tract A to be combined with the existing parcel of land to form a parcel of 210 frontage on 64th Street and that no indication by this Council has been made of approving a road easement. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. McLean asked that the other items to be discussed in connections with this operation be put on the next agenda. The Public Hearing on the vacation of the park land in Shenandoah T was called to order at 8:45 P.M. Mr. Schumacher presented the maps and the discussion that had been held on the platting of Shenandoah 11 in connection with the Park lands. 70 September 8, 1980 In the platting of Shenandoah 11, Mr. Rehbein had proposed to give Outlot A to the City for additional Park lands and to pay the 10% of money in lieu of land in the amount of $4500.00. Mayor Gourley -. this hearing is for the vacation of the parcel of land in Shenandoah 1, not the proposal for Shenandoah II. This is a parcel of land South of Arrowhead Drive. Mr. David Schroder-, 474 Arrowhead, asked if the area now designated as Park ful- filled the park requirements excluding the parcel for vacation? The acreages were checked and the parcel in question contains 0.73 and this leaves more than required. Mr. Jim Arntzen, 6444 Totem Trial, asked if the money to be accepted will be used to develop the parks in Shenandoah and was told, Yes. He asked if there was other monies earmarked for that Park and Mayor Gourley said the Park Board has a five year plan and he is not certain what has been scheduled for that area, but whatever has been planned will be used and the money from Mr. Rehbein will be in excess of the plan. Mr. Arntzen asked what area this Park land is to serve and Mayor Gourley said that in the Comprehensive Land Plan this park is designated as a neighborhood park and would serve the immediate area of the park within an approximate one mile radius. These parks are considered as being within walking distance. Mr. Locher had prepared a motion which he read as follows: WHEREAS, the City Council of the City of Lino Lakes, Anoka County, Minnesota, has on its own motion ordered a hearing to be held to consider the vacation of park land lying within the corporate timits of the City of Lino Lakes, Anoka County, Minnesota that part of the plat of Shenandoah according to the plat on file in the office of the County Recorder,,Anoka County, Mi.rinesota, designated as Park and lying South of Arrowhead Drive as platted in said plat and, WHEREAS, published notice of the hearing held this 8th day of September, 1980 at 8:30 o'colck P.M. at City Hall in the City of Lino Lakes, was duly made for two weeks, on August 28th, 1980 and September 4th, 1980 in the Circulating Pines, and posted notice of said hearing, since August 25th,1980, was duly made, all as required by law, giving legal notice as required by law; and WHEREAS, this City Council hereby determines that the following Park within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota described as follows: That part of the Plat of Shenandoah, according to the map or plat thereof on file and of record in the files of the County Recorder, Anoka County, Minnesota, designated as PARK and lying South of ARROWHEAD DRIVE, as platted in said plat. hats not formerly been opened to the public, has not been needed for the public, having been constructed to the north thereof;.and WHEREAS, after due consideration, at a Public Hearing held on September 8, 1980 at 8:30 P.M. at the City Hall in the City of Lino Lakes, by the City Council of the City of Lino Lakes, Anoka County, Minnesota, this City Council determines that the vacation of Park will in no way be detrimental to the public interest, and that it will be in the interest of the public to vacate said Park; 1 171 September 8, 1980 NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes Anoka County, Minnesota, as follows: That the following described Park, lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows: That part of the Plat of Shenandoah, according to the map of plat thereof on file and of record in the files of the County Recorder, Anoka County, Minnesota, designated as PARK and lying South of ARROWHEAD DRIVE, as platted in said plat, shall be and is hereby vacated as of the date hereof. The motion for the adoption of the foregoing resolution was duly seconded by Councilman McLean, and upon vote being taken thereon the following voted in favor thereof: Mayor F. Kenneth Gourley and Councilmen Marilyn Elsenpeter, Ron Jaworski, Richard Kulaszewicz, and John McLean. And the following voted against the same: none. Whereupon the said resoulution was declared duly passed and adopted. I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of Lino Lakes, Anoka County, Minnesota, do hereby that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City, held on the 8th day of September, 1980, with the original thereof on file in my office and the same is a full and complete tran- script therefrom. Witness my hand officially as such Clerk- Treasurer and the official seal of the City, this 8th day of September,1980. Edna L. Sarner City Clerk- Treasurer City of Lino Lakes Anoka County, Minnesota The Park land in Shenandoah is the area designated as Outlot A containing 2.2 acres was discussed. _Mrs. Elsenpeter moved to accept Outlot A and $4500.00 in cash to satisfy the park requirements in Shenandoah II, with the money to be used exclusivley in the Shenandoah Park for development. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Jaworski moved to close the hearing at 9:05 P.M. Seconded by Mr. McLean. Motion carried unanimously. The next item on the agenda was a report from Mr. Holman and Mr. O'Brian from the Centennial School District on the Summer Recreation Program. Mr. O'Brian presented the Council with a printed report of the actions of the program, the number of children participating in the program, the number of instructors and the costs of those persons, the money spent and the funds the money was obtained from. Mr. 172 September 8, 1980 O'Brian indicated that due to the cuts in State Aid, they are requesting assistance from the local governments in order to continue the programs. He asked the Council to consider this at their i5udget hearings. Mayor Gourley thanked Mr. Holman and Mrl O'Brian for the report. 1 Mr. Gary Tuschy presented a presentation on the planning and development of parks. Slides of parks that had been designed and developed by his company were presented to the Council. The many facets of planning a park was shown and Mr. Tuschy explain- ed how his company prepares the plans. Mr. Schumacher -noted that this presentation had been viewed by the Park Board at their last meeting. Mr. Tuschy was thanked for his presentation. Mr. Pete Madeau was present and appeared before the Council asking directions for vacating his East B -rch Addition plat, and some response from the Council on the refunding of the money paid into the park dedication fund. Mayor Gourley said the Council would need a petition from M. Nadeau for the va- cation of the plat. On the question of the park money, he would like time to dis- cuss this matter before any decision is made on this point. After some discussion on the manner in which this could be handled, the Council decided that they would like some time to discuss this matter before a decision is made. They will try to have an. answer for Mr. Nadeau by September 22, 1980. The public hearing on Lakes Add. #7 preliminary plat was called to order at 10:00 III P.M. Mayor Gourley said he had received a request from the developer for a two weeks delay. Mayor Gourley moved to continue this hearing until September 22, 1980 at 10:00 P.M. Some of the residents in the audience asked that the meeting be set at an earlier time. The Public Hearing is already scheduled for the earlier time. A special meeting was suggested. Mayor Gourley changed his motion to set a special hearing for September 29, 1980 at 7:30 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Public Hearing on Ord. #22A, Street Specifications, was called to order at 10:05 P.M. Mr. Locher pointed out the portions of Ord. #22 that have been can- celled and replaced by the Sections in Ord. #22A. The revisions were discussed. Mr. McLean moved to approve Ord. #22A as presented. Seconded by Mr. Kusaszewicz. Motion carried unanimously. The proposed Ordinance #52A was opened for hearing at 10:15 P.M. This ordinance dealing with the drevisions of platting fees, special use, variance and rezoning fees. The administrative fee was raised to $50.00, platting fee deposit is $500.00, deposit fee on all requests is $100.00. Mrs. Elsenpeter wondered if there is any way a simple variance or special use per- mit deposit can be waived? Could this be an administrative function? Mr. Schumacher felt this would put a lot of responsibility on the staff and some of the simple requests could end up not being so simple and legal, engineering or planning services could be required. He felt it would be better to collect and refund if not needed rather than incurring the costs and then trying to collect. 1 1 1 September 8, 1980 Mr. McLean moved to adopt Ord. #52A. Seconded by Mr. Jaworski. Motion carried with Mrs. Elsenpeter voting, No. The Mayor asked for a report on the tax forfeit property. The Clerk reported the parcel that was in question - a 66' Outlot just east of W. Rondeau Lake Road - could be aquired for $8.32. The Auditor's office is sending an application for this parcel of property. Mayor Gourley moved to purchase this parcel of land. Seconded by Mr. McLean. Motion carried unanimously. Mr. Jaworski asked if a public hearing scheduled for an earlier time, passed over to call a later hearing to order and then go back to the first hearing? Mr. Locher said as long as the hearing is called the same night it is advertised. Mr. McLean asked the status of the house on Birch Street being reconstructed by Mr. Hahn. Mayor Gourley said he had discussed this with Mr. Kluegel and will get back with a report on this.matter. Mr. McLean also asked about Mr. Bisel's special use permit which has a restriction of 'no outside storage'. He said there was many pieces outside over the weekend. He asked this be checked.. Mr. McLean asked the status of Arbor Lake - do we have the deed for the Park and ye +? Mr. Locher said, yes, he has the deed and it has been filed. Mr. Schumacher reported that he had met with the Metro Park and Open Space and there are .still some questions that need to be discussed. He has a meeting: scheduled for this purpose. Mr. Locher reported that Mr. Pearlt, of the Liquor Control Commission, will be at the next meeting to discuss the City Liquor Ordinance. Mr. Locher said he would be here around 8:30 P.M. There is a public hearing scheduled for that time. It was suggested that perhaps it would be better if he appeared at the first meeting in October. Mr. Kusaszewicz asked the status of the Tobish property. Mr. Locher said he has until October 1, 1980 to clean it up, otherwise the City crews can move in and clean it up and assess against the property. Mayor Gourley asked about the order of clean up issued to Mr. Leo Bruder. Mr. Locher said he had been given an extension of time to clean up without consulting his office. Mr. McLean asked about the status of Carpenter's Autobody - afence has been started. Mr. Jaworski moved to adjourn at 10:45 P.M. Seconded by Mr. McLean. Aye. These minutes were considered, corrected, and approved at a regular meeting held on Septembef 22, 1980. X,42,1--14cW Edna L. Sarner Clerk-Treasurer