HomeMy WebLinkAbout08/09/1976 Council Minutes1
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August 9, 1976
The regular meeting of the Lino Lakes City Council was called to order at 7:40 P.M.
on August 9, 1976 by Acting Mayor Zelinka. Council members present; Karth, McLean,
Schneider. Absent; Mayor Bohjanen.
This meeting was convened early to discuss the utility proposal for the Lexington Park
Lakeview area. Mr. Don Carley, Mr. George Gotwald and Mr. Berg, representing Spring -
sted, was present. Mr. Locher was also present.
Mr. Carley went over the figures that had been computed by his office, explaining the
cost per foot for each improvement. Also, explaining that all or any portion of this
project can be done or deleted. There was discussion of the fact that the City will be
obligated to pay the special assessments on the Park Area.
Mr. McLean questioned the assessment for water since a new well has just been installed
at the Park. He suggested this assessment be eliminated.
Mr. Carley and Mr. Gotwald said this had been computed in this manner because this is
the normal manner of doing this.
Mr. Schneider asked about the plat Sunset Oaks, would this be included? Mr. Gotwald
said most of that plat is out of the area. Mr. Gotwald said he had contacted Mr. Ray
Payne at the Metropolitan Waste Control Commission and had been assured there would
be no problem in servicing the Lakeview area up to the Minnesota Metropolitan Training
Center since there is reserve capacity in the interceptor for that area.
Mr. Zelinka questioned the feasibility of installing the lines on the common lot line
through the center of the blocks. This would have the sewer line in back of the homes.
Mr. Gotwald felt this would create problems in that the line from the home to the main
line would be over 200' long. This area would have to be kept open all winter for in-
spection of the man holes, there could be costs involved in the destruction of trees
and shrubs and if the water lines are also installed in that location, there would be
a problem in getting water to fire hydrants located on the streets.
Mr. Zelinka asked about the gas lines that are installed in the right -of -way now -
would this create a problem? Mr. Gotwald said the gas lines are the responsibility of
the gas company and since these are plastic lines, they can be moved and tied out of the
way with very little problems.
Mr. Berg presented Mr. Springsted's report on the overall cost explaining these figures
were taken from the Engineer's report. He was asked about the discount figure added
into the overall cost and explained this represents interest costs and a profit for the
bidders and underwriters of the bonds. This is a profit that is available immediately.
He felt this is a necessary item to make the bonds more saleable.
Mr. Berg said with the current assessed valuation of over $10 Million for the City,
this project is entirely feasible. The only question his firm would have, is will the
Metropolitan Council grant permission for the connections.
Mr. Gotwald repeated hls conversation with Mr. Payne, Mr. vlcLean asked if this was in
writing and Mr. Gotwald said, No.
Mr. Zelinka felt a committment should be had from the Metropolitan Council and the Met-
ropolitan Waste Control Commission before any more money is spent. Mr. McLean agreed.
Mr. McLean moved to instruct the Clerk to write to the Metropolitan Council and ask for
a letter confirming the consent of the orginazation for this City to connect the Lake-
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August 9, 1976
view area to the interceptor. Mr. Locher and Mr. Gotwald to assist in the composit-
ion of this letter. Motion was seconded by Mr. Schneider. Motion was carried unanim-
ously.
Mr. Zelinka suggested an informal meeting with the residents of the Lakeview area be-
fore the formal hearing is held to present the information available and get their
reaction to the costs. Mr. Zelinka asked for comment on this from the fiscal agent
and the Engineer. The general feeling of these two men was this is an added expense
since all persons would have to be notified twice. Mr. Gotwald felt that since the
public hearing can be continued for several times, this would be the most practiable
manner in which to proceed. Mr. Gotwald also felt that if this project should be ord-
ered, it should be done as soon as possible. This could be a saving factor in the con-
struction costs.
Mr. Karth moved to approve the minutes of July 26, 1976 as presented. Seconded by Mr.
Schneider. Motion carried unanimously.
The Clerk presented the following items for Council consideration:
..The City of Lexington had mailed an itemized bill for fighting the fire on Ware Road.
This amounts to almost $6,000.00. Mr. Locher reported there will be action taken
against Mr. Ford by the PCA or the DNR. The Anoka County Health Department wants
the area cleaned and has not made a final decision as yet. There was a question
as to the costs, if any, from the Centerville Fire Department. The Clerk was in-
., structed to contact Centerville Department.
..Chief Myhre has been requested to check on four properties in the City on the poss-
ibility of variance violations. He has prepared a report for the Council which the
Clerk read.
..Mr. Pete Nadeau felt that Chief Myhre's report was conservative, overly so. Mr.
Nadeau listed is complaints and felt that the trucks are being parked in front of the
-residence for the explicit purpose of identifying this as a commercial operation.
He said these trucks are marked with the name of the business. He said this man has
three or four large trucks and wanted to know how he could continue parking these
vehicles without being tagged? He felt the Council should take steps to revoke the
special use permit granted and, also, felt the special use permit was worded wrong
in the first place.
Acting Mayor Zelinka questioned Mr. Locher on just what action could be taken and
Mr. Locher said the City can bring civil.action. If the owner is in violation of
his special use permit, this could result in the issuance of a ticket.
Mr. McLean said the special use permit was issued for ingress and egress only on the
property located in Lino Lakes, and expired December 31, 1976.
Mr. Nadeau questioned the pas pump located at this site. The City has no information
as to the installation of this facility. Mr. Karth moved to have the State Fire
Marshall contacted for inspection for conformity to City Ordinance. Seconded by
Schneider. Motion carried unanimously.
Acting Mayor Zelinka siad if the trucks are in.violation, this must be determined
by the Police Department.
Mr. McLean said this matter of the parking of trucks of 9000# gross weight should
be cleared. He felt the intent of the Ordinance was not to exclude the use of the
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August 9, 1976
pickup truck by private citizens and the new ruling on weight was established by the
state. Mr. McLean moved to pass a Resolution amending all Ordinances of the City
that set the gross weight at 7000# to set the gross weight at 9000# limitation for
the parking of these vehicles in a residential area. Seconded by Mr. Karth. Motion
carried unanimously.
Mr. Nadeau said this does not change the fact that the vehicles located at this site
are commercial vehicles. He has taken pictures. Acting Mayor Zelinka suggested
these pictures be initialed, dated and the time of day they were taken and turned
over to the Police Department.
Mr. Nadeau presented the Council with an ad taken from the telephone book listing
the phone at the address in Lino Lakes. Mr. Locher said the City Ordinances do not
cover phone listings. Mr. Locher said the exterior of a building may not be altered.
Mr. Mobley, Building Inspector, felt this operation is being policed vevy closely.
Mr. Schneider felt that nothing is being accomplished and Mr. Brokke should be in-
vited to a Council meeting to explain his side of the story.
Mr. Nadeau said the special use permit was issued over the objections of 100% of the
surrounding property owners. (Mr. Nadeau owns the surrounding property.) Mr. Nadeau
said that he had called the Building Inspector many times because he felt nothing
was being done about this operation. He said the Building Inspector had told Mr.
Brokke how to thwart all the Ordinances and that when appointments are made next
year, the actions of the present Building Inspector should be reviewed.
..The Clerk continued her report with presentation of an application from the Met-
ropolitan Waste Control Commission to the Department of Natural Resources for a
temporary permit to appropriate or use water for dewatering purposes in the process
of theinstallation of the force main interceptor on Birch Street. Mr. Gotwald said
this is normal procedure. Mr. McLean moved to approve these applications. Seconded
by Mr. Karth. Motion carried unanimously.
..A letter from Mr. Burman, Anoka County Commissioner, stating that Anoka County has
received the designation as an Economic Development Area and may be eligable for
funding under certain programs. All Council members had received a copy of this letter.
It was turned over to Mr. Gotwald for his inspection.
..A letter from the Anoka County Comprehensive Health Department on the Community Needs
Assessment with questions to be answered. The Clerk will answer and present to the
Council for their approval.
..The amounts of levy and State Aid had been received. Levy Limitation for the year
1977 is $158,982.59 and the State Aid for 1977 will be $86,102.19. These figures
are necessary for budget consideration.
..Notice of public hearings in conjunction with the rate increase requested by Northern
States Power Company begin August 10, 1976 and continue into October until all test-
imony is heard.
..Mr. Donald Moore, President of SHIDON, Inc., who operates the Wood Shed has applied
for a retail Off -Sale license for 3.2% beer. This application was in order. Mr.
McLean moved to approve the license. Seconded by Mr. Karth. Motion carried unanimously
..Mr. James Ray, Insurance Agent, had asked for an updated estimate of values. The
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August 9, 1976
Council instructed the Clerk to contact the firms that had submitted bids early
this year, ask for updated quotes and be available for Council study before the
next meeting. It was suggested these bids ne given to the Auditor for comparison.
..The Metropolitan Training Center had asked to be billed on a six months basis
for Police Coverage. Chief Myhre had computed the costs for the first six months
and the MMTC had been billed. A check for the amount billed, $86.06 had been
received.
..The Clerk asked about the returning of the deposit check by the Lino Lakes
Lions Club for the use of Sunrise Park for a softball tournament. Mr. Schneider
said the Park had been cleaned only the barrels needed to be emptied. Mr. McLean
moved to return the deposit check. Seconded by Mr. Schneider. Motion carried
unanimously.
Acting Mayor Zelinka reported that he had met with the Centerville Fire Depart-
ment. This Department has purchased a new Fire Truck and the rates for next year
for Lino Lakes coverage should increase about $300.00. They presented these
figures for Council consideration during the budget hearings.
A problem with the purchase of and at the end of Deer Pass Trail and the obtain-
ing of a building permit for that land had been questioned. Mr. Locher explained
the problem. Mr. Prokop and Mr. Jankus had put in a street and had been granted
a building permit but the Council had stipulated that only those two permits would
be issued for that street until the street is brought up to City specifications.
Mr. Jankus has split his land into two five acre parcels and had sold the South
half to a Mr. Coleman. Mr. Coleman's plans had changed and he no longer plans
to build and had listed the land with Spring Realty. Mr. Mattson had bought the
land through Spring Realty who had assured Mr. Mattson that he could obtain a
building permit.
Mr. Prokop said he is not fighting Mr. Mattson, he is suggesting the street
be brought up to specification and assessed against the benefiting property
owners with the exception of the present residents.
Mr. Coleman's attorney felt the original request had been for three homes, the
Council should consider granting a variance and allowing this building permit.
Mr. Locher said one of three things could be done; I) could refuse to issue a
building permit but should consider the current status of Rolling Hills Drive
which is not up to City Specifications; 2) grant a permit with payment to Mr.
Mr. Prokop and Mr. Jankus for their portion; 3) allow the permit on the basis
that any future construction would be assessed for completion of the street giv-
ing credit to the current residents for whatever they have paid. Any building
permit would have it include a written document stating that there will be ass-
essments.
Mr. McLean asked Mr. Jankus and Mr. Prokop what they would consider as a fair
solution to this matter?
Mr. Jankus said he would accept the Council's decision. Mr. Prokop felt the
street should be finished before building permits are issued and their input
credited to them.
Mr. Coleman felt that some solution should be made since he has a piece of
land that apparently he cannot build on nor can he sell - What now?
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Mr. Prokop said he was not opposed to building - he just wanted his investment
protected.
There was general agreement that no further assessment should be paid by the
current residents. Mr. Coleman felt that, in essense, he had paid a part of the
street costs in his purchase price. Mr. Karth said the land is assessed not the
owners. After more discussion, Mr. McLean moved to grant a variance to build
a home on property with less= than the required 150' frontage to Mr. Coleman
(frontage of 110') with the stipulation that $750.00 be put in escrow for improv-
ing the West 30' of the East 40' of the lot to satisfy the 150' requirement.
This $750.00 will be held for a period of six years by the City and, if returned
at the end of that period of time, will be returned at face value of the escrow
amount. Seconded by Mr. Karth. Motion carried unanimously.
Mayor Bohjanen arrived at 10:45 P.M.
Mr. McLean moved that monies expended by Mr. Prokop and Mr. Jankus in the build-
ing of Deer Pass Trail be credited to this property against future assessments
resulting from improvements of Deer Pass Trail. Seconded by Mr. Zelinka. Motion
carried unanimously.
Mr. Prokop, Mr. Jankus, Mr. Coleman asked that copies of these minutes be mailed
to them.
Mayor Bohjanen assumed the Mayor's chair.
Mr. Mobley, building Inspector presented his report. He had not been able to
get to Sunrise Park for an estimate on the costs of repairing the barn.
He presented pictures of three places in Lino Lakes where soil is being removed
to the detriment of the area without a permit. He was verbally abused and or-
dered off two of the locations. He cited Chapter 70 of the State Building Code
which gives the Building Inspector the authority and makes this a part of his
duties. Mr. Mobley asked for Council approval to proceed with the enforcement
of this law. He also asked for Council advice on how to deal with these people.
Mr. Locher was asked what procedure could be folt,owed and he said either issue
a Citation or a warning letter followed by a citation.
Mr. Mobley said a plan must be submitted to the Engineer showing the present
grade and the proposed grade. Ditches are more complicated - but still must
be submitted to the Engineer.
Mr. Mobley said he has no procedure for condemnation. He has condemned build-
ings but felt he needs a letter of authority. After some discussion, the Cou-
ncil asked Mr. Mobley to design a form and have the Clerk type it. This auth-
ority falls under Ordinance No. 6, Section 3.
Mr. Mobley said he has found many violaters with no building permits. He has
not enforced the limits on these people but felt that some penalty should be
levied. Mr. Locher suggested charging a double building permit fee for starting
a building without a permit. After some discussion, Mr. Zelinka suggested Mr.
Mobley put his suggestions in writing and present to the Council for action.
He suggested that Mr. Mobley contact Mr. Locher for assistance.
August 9, 1976
Mr. Karth reported that seal coating on the street will be completed in a week;
Maple Street should also be finished by then; East Shadow Lake Drive by the end
of the month.
Mr. Karth said there will be a tractor on Maple Street and he requested per-
mission to bring the machine to the City Hall and clean out the pond. The silt
that has run into the pond would be pushed to the west side of the area and the
pea rock that is picked up after seal coating would be used around the edge.
Sealing the bottom was discussed with the sugge stion that b_tonite be used.
The cost was discussed and Mr. Karth felt that approximately on hour's work would
be involved. Mr. Karth moved to spend up to $40.00 to clean out the pond and push
the material to the West side. Seconded by Mr. Zelinka. Motion carried unanimous-
ly
The road budget for next year had been prepared and all Council members have
a copy.
There was discussion of problems encountered with the availability of the road
grader from Columbus Township. Mr. Karth suggested it might be more efficient
to contract this work with a private party. The Council asked that he check
into this and report back to the Council.
Mr. McLean reported that he had inadvertenly omitted the Planning and Zoning
Board's recommendations on Colonial Woods. The Planning and Zoning Board had
recommended approval of this plat. Mr. McLean so moved with the stipulations
as set forth in the Planning and Zoning Board minutes. Seconded by Mr. Zelinka
Motion carried unanimously.
There was discussion of Mr. Kolstad's Air Park and the information necessary
for approval. Mr. McLean asked this matter be put on the August Planning and
Zoning Board agenda at an early time.
Mr. Schneider had no report. He reported that he plans to meet with the office
staff and the Auditor before the next Council meeting to discuss the recommend-
ations made by the Auditor.
Mr. Zelinka reported the radar unit needs to be calibrated before it can be
used. There was also an indication of some assistance from the State Highway
patrol.
Mr. Zelinka said he had contacted both Senator Milton and Representative Nelsen
in reference to the costs for prosecuting offenders apprehended by the State
Highway Department. They requested more figures incurred by the City. Mr.
Zelinka asked for those figures for the year 1975 and the current ones from 1976.
Mr. Schneider had contacted Mr. Joseph Vamos who had agreed to fill the vacancy
on the Personnel Commission. Mr. Zelinka moved that Mr. Joseph Vamos be appoint-
ed to replace Mr. James Livingston on the Personnel Commission. Seconded by
Mr. McLean. Motion carried unanimously.
Mr. Zelinka said he will be on vacation soon but is not sure just what week,
but he will schedule Personnel Commission meetings for the end of August for
consideration of salaries for 1977.
Mr. Locher said he had been contacted for consideration of a joint powers agree-
ment between the Lino Lakes Police Department and the Lexington - Circle Pines
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August 9, 1976
Police Department on the policing of boundary streets. When this is available,
he will present it to the Council for consideration.
Mr. Locher reported that he is getting a delinquency and balance due on the
special assessments in Lakes Addition #2 and #3. This will be ready for the
next meeting.
A request for buried cable on 79th street had been received from Northwestern
Bell Telephone. Mr. Gotwald said he had talked with the Engineers on this and
recommended approval of this application. Mr. McLean so moved. Seconded by
Mr. Karth. Motion carried unanimously.
Mr. Gotwald reported the construction of the interceptor has begun. The pumps
should be in the Shenandoah area soon. Recommendation for approval of the pro-
ject has not been made because 1) these pumps are not in and 2) Mr. Gotwald
wants to go over the entire system with Mr. Volk.
Mr. Rehbein will complete the streets before winter and will be installing concrete
curbs and gutters.
Mayor Bohjanen said the Mr. Pudwell had called him about obtaining some of the
excess dirt in conjunction with the installation of the interceptor. Mr. Got -
wald said he will have to contact the contractor. The Clerk is to call Mr.
Pudwell and give him this information.
Mayor Bohjanen said that Mr. Kelling had talked to Mr. Mobley and had recommended
that Mr. Mobley go to school in order to become a certified assessor so Mr. Kell -
ing can retire. After some discussion, Mr. Zelinka so moved. Seconded by Mr.
Karth. Motion carried unanimously.
Mr. McLean moved to approve requisistions #692 and #693. Seconded by Mr. Karth.
Motion carried unanimously.
Mr. Karth moved to approve checks #7219 through and including #7256, holding
#7256 for an invoice. Seconded by Mr. Zelinka. Motion carried unanimously.
Mr. Karth moved to approve payroll checks #3648 through and including #3663.
Seconded by Mr. McLean. Motion carried unanimously.
Mr. McLean moved to adjourn at 12:45 A.M. Seconded by Mr. Schneider.
Th e minutes were approved, with correction on
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