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HomeMy WebLinkAbout01/11/1982 Council Minutes1.26 January 4, 1982 These minutes were considered, corrected and approved at a regular Council meeting held,ion January 11, 1982. 41641i411--41- Agrz-a-, 4ls Edna L. Sarner, Clerk - Treasurer January 11, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., January 11, 1982 by Mayor Benson. Council Members present; Elsenpeter, Kulaszewicz, Marier, Reinert. Absent; None. Mr. Locher, Mr. Winner, Mr. Gotwald and Mr. Schumacher were also present. MINUTES The minutes of December 28, 1981 were corrected as follows: page two , paragraph 7, insert "McLean" after "Mr." - Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by Mr. Marier. Motion carried with Mayor Benson and Mr. Reinert abstaining. the minutes of January 4, 1982 were corrected as follows: page three, paragraph three under "Consideration of a City Attorney" last sentence, delete 'the only' and insert 'a'; page four, paragraph two, under 'Official Newspaper' after the work 'City' add 'for an interium period'; page five, third sentence, delet the work 'various' and insert 'Planning and Zoning' and under Mr. Reinert's liaison duties add 'Planning and Zoning'. Mr. Kulaszewicz moved to approve as corrected. Seconded by Mr. Marier. Motion carried unanimously. DISBURSEMENTS, JANUARY 11, 1982 Mr. Kulaszewicz asked the status of the costs due to OSM. Mr. Schumacher said that at the present, these!,bills are paid. Mr. Kulaszewicz asked what the total costs were and Mr. Schumacher said he would have to look the total figure up in the disbursements. Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mr. Reinert. Motion carried unanimously. APPOINTMENT OF CONSULTANTS Mayor Benson pointed out that the Council has just spent two hours inter- viewing Attorneys. The Council felt they would like more time to consider the information on these consultants before a decision is made. Also, one Attorney could not be present at this evening's meeting and the Council asked that be be present before the meeting to be held on January 25, 1982 for his interview. Mr. Marier moved to table the appointment of the Consultants until Jan- uary 25, 1982 and maintain the present consultants until a deci sion is made. Seconded by MR. Kulaszewicz. Motion carried unanimously. 1982 TOWING BIDS Mayor Benson asked Chief Myhre for his report. Chief Myhre noted that 1 January 11, 1982 1.2` the ad for this had been published for three weeks in December and four letters had been mailed. Two bids had been returned and they are very close. Chief Myhre recommended that the bid of Burke Brothers be accepted. Mr. Kulaszewicz asked who did the towing for 1981 and Chief Myhre said, Auto - Medics. He was asked if there had been any complaints and Chief Myhre said, No. Mr. Kulaszewicz felt that the record of Auto - Medics was such that he felt we should continue with this firm. Mr. Kulaszewicz moved to award the tow- ing contract for 1982 to Auto - Medics. Mr. Reinert pointed out that this is no direct cost to the City except for the times when a City vehicle needs to be towed. He felt that it is for the convenience of the public and it is necessary to contract with a firm that has a record of good service. The motion was seconded by Mrs. Elsenpeter. Motion carried unanimously. CABLE TV STATUS REPORT Mrs. Elsenpeter reported that copies of the approved minutes of the Cable TV Commission will be included in the Council packets. A proposal from the Cable Companies is expected sometime in February. Mrs. Elsenpeter reported that one of the major concerns with this City delas with the requirement of new installation of cables - should they all be underground or may they be above ground where current above ground cables exist? She asked that the Council review the information provided in order to keep updated so that a valid decision can be made at the time it is necessary. Mayor Benson asked if this City is at a point of no return in conjunction with Cable TV? Mrs. Elsenpeter said the City can remain as is until it is time to award a franchise to a cable company. At that point in time, it will be necessary to make the final decision. If this City becomes part of the franchise, then there is a return of 5% of gross income of the company. There was some discussion on this figure - how is it arrived at? Mrs. Elsenpeter said this is the minimum that will be accepted and is a negotiable figure. This is a standard figure that is used. Mr. Reinert felt that this should be negotiated - the larger the percentage the more advantageousto the City. Mrs. Elsenpter said she would talk to the Commission on this figure. 8:00 P.M. PUBLIC HEARING - RESHANAU SHORES The public hearing for the Plat Reshanau Shores was called to order at 8:00 P.M. Mr. Gotwald requested that this hearing be continued until January 25, 1982 at 9:00 P.M. Mr. Marier moved to continue this hearing until January 25, 1982 at 9:00 P.M. Seconded by Mr. Kulaszewicz, Motion carried unanimously. PARK BOARD REPORT Mr. Schymacher reported that the Park Board had requested that parks be posted prohibiting recreational vehicles within the parks. There was dis- cussion on the amount of damage being done by these vehicles and whether the cost of administrationg the use ban would not exceed the cost of repairs. 198 January 11, 1982 Mr. Reinert moved to table this for the remainder of this season with a determination made in the Spring as to the amount of damage if there is a lot of damage, then make a determination at that time. Seconded by Mr. Kulaszewicz. Mayor Benson added that Mr. Volk present a report in the Spring on this matter. Mr. Marier asked Chief Myhre to check on the complaint of the use of the parking lot at Lino Park. Motion carried unanimously. There was a question on the need for an archaeological inventor of the Country Lakes Park area and Mr. Schumacher explained this is required by State Law and such areas may not be disturbed. Mayor Benson asked that a letter of thanks be sent to the Lions Club for the installation of the two shelters at Sunrise Park. TABLED PLANNING AND ZONING ITEMS Mr. Lyndal Nelson - Variance to side yard set -back. Mr. Nelson was not present. Mr. Kulaszewicz moved to table this item. Seconded by Mr. Marier. Motion carried unanimously. Mr. Glenn Rehbein - Amended Special Use Permit - this is for the con- struction of a v0'x60' addition to an existing building to be used for storage, maintenance and repairs of equipment. Mr. Karth explained what is proposed to be constructed and where in re- lationship to the existing buildings. Mayor Benson read a letter addressed to the Planning and Zoning Board from Mr. and Mrs. Reinhold, but had arrived too late for consideration by that Board. The letter pointed out there is a civil suit in progress in conjunction with zoning violations and property lines. Had no objections to planned expansion but asked that since no special use permit or zoning change had ever been granted that they be required to utilize 5 acres for the operation and keep all operations 300 feet from their residence as laid out in Ordinance 56 under Heavy Industry. Otherwise, they requested that no extension be approved until the entire matter has been settled. Mr. Locher pointed out that the City is not involved in that action. There was discussion as to the location of the structure in relationship to the residence. Mr. Lohcer said the structure, at it's nearest point is approximately 285' to the property line. Mr. Locher pointed out that the existing residence is not drawn in and so this line cannot be measured. Mr. Reinert asked for a recap of this matter - he was confused on some of the issues. Mr. Schumacher explained taht the existing structure was constructed in 1975. At that time, the entire proposal was reviewed by the Council, by the Planner and the Engineer and approved. Mr. Schumacher explained that at this point in time, in order to add to a building, a special use permit must be amended, by Ordinance requirements. Mr. Karth pointed out that the vihicles will be pulled in for maintenance or reparis and left in the building over night. This should relieve o some of the noise and pollution that Mrs. Reinhold is concerned about. Mr. Reinert questioned the distance - is this 300' feet from the residence? 1 January 11, 1982 129 Mr. Locher read the ordinance which says this type of operations shall be 300' from a 'residential district'. Mr. Reinert felt that there had to be a point of negotiation in this matter. Somewhere along the line there has to be a neutral point that can be reached where both parties can be satisfied. He asked Mr. Karth if it isn't possible to sit down with Mrs. Reinhold and Mr. Rehbein and work this out? Mr. Karth said they had discussed this with the owners of the property more than once and, so far, there has been no progress. The owneres feel their property is worth a certain amount and Mr. Rehbein doesn't feel that it is worth that amount. Mr. Reinert said there had to be a point of agreement on this matter and he would like to see a delay of at least a month to work this out. Mr. Karth asked if he would mediate this settlement and Mr. Reinert said, No, he did not say that he would. He felt this is something that two reasonable people should be able to reach a mutual agreement. Mr. Karth noted this had been tried twice before without success. After some discussion on this matter, Mr. Reinert moved to delay a decision for 30 days. Seconded by Mr. Marier, Motion carried unanimously. ENGINEER's REPORT Mr. Winner reported on the bids that were opened on January 8, 1982 for the construction of the utilities in Lakes Add. #7. There were 16 bids received. The low bid was presented by Axel Newman Heating and Plumbing, Inc. in the amount of $306,503.40. The second low bid was submitted by Austin P. Keller Construction Company in the amount of $327,954.45. Mr. Winner reported that he had received a letter from the low bidder stating that he had made a mistake on some of his calculations and he is asking for $14,180.00 more than he bid. Mr. Winner pointed out there are three options for the Council; 1) award the bid to the low bidder and if he refuses to sign the contract, retain the bid bond; 2) award to the second low bidder; 3) readvertise. Mr. Winner said he had some computations as to the assessments - the low bid would result in approximately $4675.00 per lot and the second bid - $5002.00 per lot. There was some discussion on the matter of the Court case this land is in- volved with and Mr. Locher said he had checked and this has been set for some time in February. Mr. Kulaszewicz moved to accept the bids as presented and reported by the Enigneer. Seconded by Mr. Marier. Motion carried unanimously. Mr. Kulaszewicz moved to table a decision on this for thirty days until February 8, 1982 Council meeting. Seconded by Mr. Marier. Motion carried unanimously. Mr. Kulaszewicz moved to continue the Public Hearing of Lakes Add. #7 until February 8, 1982. Seconded by Mr. Marier. Motion carried unanimously. A recess was called at this point in the meeting. The meeting was reconvened. NORTHWESTERN BELL - ORANGE STREET INSTALLATION Mr. Winner had reviewed this and recommended approval with some stipulations. 130 January 11, 1982 Mr. Kulaszewi_cz.mpyed to approve this installation with the provisions as set forth by the Engineer. Seconded by Mr. Reinert. Motion carried with Mr. Marier abstaining. POLICE CONTRACT WITH CENTERVILLE Chief Myhre explained the costs involved in this contract and how the figures were computed. The amount of the increase over last year and the reasons for the increase was discussed. Mr. Reinert moved to accept the recommendations of Chief Myhre and authorize hime to take this to the Centerville Council for their con- sideration. Seconded by Mr. Marier. Motion carried unanimously. ATTORNEY's REPORT Mr. Locher reported that Judge Otis is reviewing the case dealing with the sewer project and he will make a decision as to how this should be heard sometime in January. Mr. Kulaszewicz asked Mr. Locher if he could give an estimate on the cost of this case and Mr. Locher said, it would depend on the decision of the Judge as to how this case is to be heard - if the decision is made on just the briefs submitted, then the costs would be very little. Mr. Marier asked if Mr. Locher would recommend this Council wait for that decision and Mr. Locher said, Yes. Mr. Marier felt the decision as to whether to continue or not can be made at that time. Mayor Benson asked what effect this would have on the credit of $4,000.00 given to the City and Mr. Schumacher noted that this had been credited to the City to help defray the costs of taking this case to the Supreme Court in order to clear the the issue. Juran E1 Moody feels this decision could affect the bond sales in the entire State of Minnesota. Mr. Marier moved to table a decision on this matter until the February 8, 1982 meeting and relate a decision at that time to what the Judge reports. Seconded by Mrs. Elsenpeter. Motion carried unanimously. HEARING ON HOME RULE CHARTER Mr. Locher reported that this case had been dismissed by the Judge and the existing Charter Commission is allowed to stand. Mr. Locher reported that the Special Election scheduled for January 12, 1982 is a proper Election even though the notice of the Election was not published. Notice had been mailed to the legal newspaper on December 21, 1981, but for some reason, had not been published. REAFFIRM THE ANOKA COUNTY CHAIN OF LAKES PARK AGREEMENT This agreement is reaffirmed at the beginning of each year. Mr. Reinert moved to reaffirm this Agreement. Seconded by Mr. Marier. Motion carried unanimously. BUILDING INSPECTOR's ANNUAL REPORT This report is self explanatory. Mr. Kulegel went through the report January 11, 1982 131 briefly, explaining the various items in the report. Mr. Reinert moved to accept the Building Inspector's report. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OLD BUSINESS Mr. Reinert moved that office space be denied to all Council members and the Mayor in the City Hall. Each member must maintain his own office and if a part of the home is used, this is an allowable deduction on the Income Tas. Seconded by Mr. Marier. Motion carried unanimously. Mayor Benson noted that he had received a resume from a Mr. Floyd Baker who is interested in serving on the Police Board. He passed this on the Mr. Kulaszewicz. Mayor Benson had also received a resume from Mrs. Kay Murphy who is inter- ested in serving on the Home Rule Charter Commission. This he passed on to Mr. Schumacher to be forwarded to Mr. Weible. Mr. Marier said he arrived at this meeting lacking two improtant documents and he would ask that all information be in the packets. Mr. Schumacher asked what documents he was referring to and Mr. Marier said, the letter on the civil suit in the Rehbein Special Use Permit request and the bids for the construction project. Mr. Schumacher pointed out that the construction project bids were not received until Firday Morning - it would have been impossible to get this Ito the Council members before this meeting. LAKES ADD. #7 FINANCING PROPOSAL Mr. Schumacher reported that this proposal had been delivered to his office at 5:30 P.M. and it is self explanatory and is for information only. NEW BUSINESS Mr. Kulaszewicz moved to begin Council meetings at 7:00 P.M. in order to give a bit more leaway before the adjournment time of 11:00 P.M. Mayor Benson asked for comments from other Council Members and the general consensus of the members that they had no problems with the different starting time. Mr. Kulaszewicz amended his motion to make this time change effective as of February 8, 1982. Motion and amendment seconded by Mr. Marier. Motion carried unanimously. PROPOSED SEMINAR Mr. Schumacher reported that he and budgeted monies for this seminar and had chosen the date of January 29, 1982 for this seminar. This is to be a specific seminar for the City of Lino Lakes. The seminar will be held somewhere in Roseville and is entirely separate from the one being held by the League of Cities. Mr. Schumacher said that if all Council members cannot make it on that date, than an alternate date would need to be set. 132 January 11, 1982 Several of the Council members were unsure if they would be able to attend and informed Mr. Schumacher that they would get back to him soon. Mr. Marier moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 10:30P.M These minutes were considered, corrected and approved at a regular meeting held on January 25, 1982. '601/61"" °M-1/6" Edna L, Sarner, Clerk- Treasurer Special Council Meeting January 25, 1982 - 6:00 P.M. The Special Meeting of the Lino Lakes City Council was called to order at 6:00 P.M., January 25, 1982 with all Council Members present. Mr. Locher and Mr. Schumacher were also present. This meeting had been called to discuss the Home Rule Charter with members of the Charter Commission. Mayor Benson asked Mr. Weible to go through the Chapters in order that the Council may be familar with the provisions of this Charter and to discuss their ideas for the implementation of this document. Mr. Weible noted that basically the form of government existing had not been altered. There is a provision for having copies available at City Hall - the number had been left up to the City Council. Mayor Benson suggested that the City Staff get some cost comparisons as to copying in the offices or having the printing done prefessionally. Under Chapter 3 the major difference is the time delay between intro- duction, adoption and date effective on ordinances and Resolutions. Mr. Marier asked what is an emergency ordinance and Mr. Weible read the definition from the Charter. Me Weible pointed out that Ordinances do not take effect until 30 days after publication and Resolutions take effect 14 days after passage. Mr. Marier asked Mr. Locher about the rules set forth on the Resolutions. He has a problem separating Resolutions and Motions. 1 Mr. Weible said there are three ways in which the Charter can be amended. Mr. Marier said he understood that point - he was concerned with Sec. 3.08. He asked Mr. Locher if there was a constitutional law on Resolutions and Mr. Locher said he didn't know. Mr. Locher felt that most Attorneys have a problem in separating motions and Resolutions. Mr. Schumacher had a problem with Section 3.07 in that it would appear this section requires publication of the full ordinance and publication of a summary. There was discussion on this requirement with no clear decision being made. 1