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HomeMy WebLinkAbout04/12/1982 Council MinutesL70 Council Meeting April 12, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:03 P.M. by Mayor Benson with all Council members present. Mr. Hawkins, Mr. Winner and Mr. Schumacher were also present. MINUTES - MARCH 22, 1982 Mr. Marier moved to approve the minutes of March 22, 1982 as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. DISBURSEMENTS - March 31, 1982/April 12, 1982 Mr. Marier moved to approve the disbursements as presented. Seconded by Mr. Reinert. Mayor Benson questioned the statement from Carley Engineering re: the bonding policy charges of $1290.00. Mayor Benson questioned Mr. Winner on this matter stating that the amount of time (33 hours) spent on this report surprised him. Wasn't most of that information available in their office? Mr. Winner said, only the information from Little Canada - the hours noted was the time spent on the report. Mr. Marier asked how many cities were surveyed and Mr. Winner said, Five. The motion to approve the disbursements carried unanimously. OPEN MIKE Mr. Karth spoke to the Council on the matter of the settlement of the dispute with Mrs. Reinhold. The Judge had handed down a decision on this matter. Mr. Rehbein will purchase the home and property and allow the Reinhold family nine months to locate another home. There is to also be some assurance from the City that Mr. Rehbein may continue to use the dwelling in its present location. Mrs. Elsenpeter asked, What use? Mr. Karth said the building would be leased but he was not sure whether it would be for residential purposes or business purposes. He also stated that it was understood that if the building is used for any purpose other than residential, the matter would have to go before the Planning and Zoning and the Council for their approval. Mr. Hawkins noted that this is a pre - existing non - conforming use and that use may continue regardless of the ownership or if it is leased or owner occupied. Any other use and this would need City approval. Mr. Karth said there were no problems with those requirements, Mr. Rehbein just doesn't want to have to move the structure. There was some discussion of this going through Planning and Zoning, but Mr. Karth noted they only have until April 19, 1982 to get this agreement signed. There isn't enough time per the Judge's decision. Mr. Hawkins noted that from a legal standpoint, Mr. Rehbein has the right to continue the use of the building as residential where it is located. If the use changes, then that would be a different set of rules. Mr: Marier iridicatd that since the present use is residential - non - conforming, may continue but any change requires Planning and Zoning and Council approval. Council Meeting April 12, 1982 Mr. Karth said he understood and thanked the Council for their time. Mr. Stephen Adams, had a question on the rezoning request of Mr. Nathe for a fourplex on County Road J - is this to lead to further rezoning for multiple housing in that area? Mr. Schumacher reported that this rezoning request has no effect on any other properties in that area. Mr. Nathe is reconsidering his request and when a hearing on this is scheduled, the other residents will be notified. Mr. Marcel LeRoux had requested time under this portion of the agenda, but he was not present. Mr. Marier moved to table Mr. LeRoux's request. Seconded by Mr. Kulaszewicz. Motion carried unanimously. APPOINTMENT OF CONSULTANTS Mayor Benson asked the Council if they felt they had enough information as to the Fiscal Agent or did they need to interview the applicants? Mr. Marier felt the information was adequate. 171 Mr. Reinert moved to appoint Springsted, Inc. as the Fiscal Agent for the City of Lino Lakes for 1982. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. Mr. Schumacher asked if Juran & Moody would be allowed to complete the work started on Lakes Add. #7? Mr. Marier suggested that they not be allowed to continue. They must have records of the work they have already completed and with this, Springsted could complete without any additional expense. Mr. Schumacher said he felt a little uncomfortable using information of one consultant to assist another consultant. Mr. Reinert asked if there had been any payment and Mr. Schumacher said, No. On considering the Engineer, Mr. Reinert asked Mr. Winner if he would not be more comfortable in Mr. Schumacher's office and Mr. Winner agreed and left the Council chambers. Mayor Benson noted that four firms had been interviewed - SEH, TKDA, OSM and Carley. There was discussion of the Maitrix that had been supplied by the Administrator with some members feeling they did not have sufficient information to complete. Mr. Kulaszewicz moved to retain Carley Engineering for 1982. Seconded by Mr. Marier. Motion failed on a 3 to 2 vote. (Mr. Marier & Mr. Kulaszewicz voting Aye - Mayor Benson, Mr. Reinert & Mrs. Elsenpeter voting, No.) There was some discussion of splitting the Engineering duties for service to the City but it generally felt this is impractical. Mr. Marier moved to engage Carley Engineering on a non - exclusive basis with their participation up to the option of the Council. Seconded by Mr. Kulaszewicz. Motion failed on a 3 to 2 vote. Mrs. Elsenpeter moved to retain TKDA on a non - exclusive basis to represent the City for 1982. Seconded by Mr. Reinert. Motion carried on a3 4o. ;- yoIe,; (Mayor,Benson,__ 172 Council Meeting April 12, 1982 Mr. Reinert & Mrs. Elsenpeter voting, Aye - Mr. Marier & Mr. Kulaszewicz voting, No.) Mrs. Elsenpeter moved that Mr. Schumacher get together with the Engineers and make a recommendation to the Council as to the transition. Mr. Marier amended the motion to ascertain the cost. Seconded by Mr. Kulaszewicz. The amendment carried unanimously. Mr. Marier seconded the original motion. Motion carried unanimously. Mr. Al Ross, from the audience asked if TKDA has been thoroughly checked out as to litigation and such? Mr. Marier moved to have the firm checked out for this to include the past four years. Seconded by Mr. Kulaszewicz. Mr. Reinert felt this was a fair request and shouldn't this be done on all four of the applicant firms? Mr. Schumacher asked how this is done and Mr. Hawkins said, you ask them. Mr. Reinert amended the motion to include all four firms. Mr. Marier seconded the amendment. The amendment carried unanimously. The original motion carried unanimously. CABLE TV CONSULTANT PRESENTATION Mr. Thomas Creighton, Cable TV Consultant for NSCCC, presented the status of that commission at this point in time. Also outlining for the City Council the time frame for certain actions that they will have to take. Mr. Creighton noted that almost the entire City will be in the initial coverage. He stated that he had no knowledge of the rates - felt it would take about 1 to 1% years to construct - there could be Cable TV available by the end of next summer, depending on how quickly things move. Mr. Creighton pointed out there is no expense to the tax payers at any point in the system. Mr. Creighton pointed out that the City Council will need to pass an ordinance on this matter and Mayor Benson asked Mr. Hawkins if this Ordinance would have any impact on the Charter. Mr. Hawkins said he could not recall any problems this ordinance would create, he also felt the cable company would absorb the publication costs on this ordinance. There were several questions from the audience which were answered. Mr. Creighton was thanked for his time and information. A recess was called at 8:25 P.M. The Meeting reconvened at 8:35 P.M. Mr. Reinert moved to remove from the table Mr. LeRoux's request for time under the Open Mike. Seconded by Mr. Marier. Motion carried unanimously. Mr. Marcel LeRoux - presented a plat of his land, splitting into 2% acre parcels, he pointed out the streets noting that all lots were served. This street would enter from 64th Street and exit on Deer Pass Trail. Mr. LeRoux said he needed to know the requirements concerning the street. Mr. Schumacher said the street must be paved to City specifications if done by the owner, and if lots are sold and construction is expected to begin before the street Council Meeting April 12, 1982 installation, then a Letter of Credit for 11 times the amount of estimated con- struction costs must be provided for the City. III Mr. LeRoux suggested that each property owner take over the street and finish themselves. Mr. LeRoux was asked if he had presented this to the P &Z and he said, Yes, but that was for one acre lots. After some discussion on this matter in relationship to the Ordinance placing a moratorium on platting, Mr. Marier moved that this be presented to the P &Z for their recommendations. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PUBLIC HEARING - LAKES ADD. #7 This hearing was called to order at 8:50 P.M. Mr. Blackbird was present to discuss the letter revising the improvement request. He stated that they would like to do this project in phases - the first one to include Black Duck and 100' of Reshanau Drive. Mr. Winner estimated this cost would be approximately $130,000.00 including all costs. 170 Mr. Blackbird said they expected this phase to be sold out by the end of the year - they would then proceed to the second phase and the next year would see the completion of the entire project. Mr. Marier asked what would happen to this land if they are not allowed to build quads? Mr. Marier moved that until the litigation pending on this land is resolved, that this proposal not be considered. Mr. Blackbird said the Engineering study has been done the cost is part of the assess- ment and the land could be used - there would be no waste. Mr. Marier asked for a second to his motion. Mr. Blackbird said there is no restraining order to stop construction. Mr. Kulaszewicz seconded the motion. The Motion carried with Mrs. Elsenpeter voting, No. PARK BOARD REPORT Mayor Benson moved to table this report. Seconded by Mr. Marier. Motion carried unanimously. FINAL PLAT - RESHANAU SHORES Mr. Marier moved to approve this final plat with the stipulation that all requirements are met. Seconded by Mr. Kulaszewicz. Motion carried unanimously. UTILITY RATE ADJUSTMENT STUDY REPORT Mr. Schumacher reported it has been two years since the last study had been done. Mr. Don Anfinson and Mr. Gary Groen, City Auditors, had done the rate study and were present to present their findings. Mr. Groen presented the figures for 1981 noting that the utility system would have a deficit of $6400.00 for the year, and projecting into 1982, the deficit is computed III at $14,142.00. Mrs. Elsenpeter asked what happened since the last study to allow such a deficit and Mr. Groen felt that most is due to the rise in the MWCC monthly charges. 174 Council Meeting April 12, 1982 Mr. Reinert felt these costs are much higher than other communities - there must be some inefficiencies in the operation of the system. He felt the increase in rates does nothing but discourage the people - he said the charges were out of proportion. Mr. Schumacher pointed out there are only 52 users on the water system. Mrs. Elsenpeter felt the inefficiency in the operation of the system is due to the small number of persons to spread the costs among. The less the system is used - the more the maintenance. There was discussion on the impact of these rates with the suggestion that perhaps this matter should also be given to the Task Force for study. Mr. Hawkins reminded the Council that whatever is done must be done by Ordinance according to the Charter. Mr. Groen presented the proposed rates for 1982 that allow for a small surplus at the end of the year. There was a suggestion that the City ask for professional counseling as to the inefficiency of the system - raising the rates is only a patch. Mayor Benson noted that to obtain professional counseling would cost money - this should be an in house study - Mr. Schumacher do the study and report in May on the actual cost. Mayor Benson said there are alot of sewered lots not being built on. Mr. Marier moved to instruct Mr. Schumacher to do a study of the surrounding communities and report back to the Council. This to be done on both water and sewer. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. Mr. Reinert noted that the accumulated salaries for 1982 was $14,724.00 plus benefits - this would constitute one full time employee and he did not feel there is enough work to keep one full time person occupied. ENGINEER's REPORT Mr. Winner had no report. CLERK's REPORT The Clerk reported that Mr. Mark Seccombe had contacted the office and requested a refund on the license fees he had paid in conjunction with Rocky's North. Mr. Hawkins had researched the State Law and there is no provisions for a refund of liquor license if the license has been revoked. Mr. Reinert moved to send a letter to that effect to Mr. Seccombe. Seconded by Mr. Marier. Motion carried unanimously. The Clerk reported that Mr. Richard Lang's office had called and rescheduled the Senior Citizens Tax Assistance meeting for May 6, 1982 from 8:30 A.M. to 11:30 A.M. Mr. Marier moved to approve the use of the City Hall on May 6, 1982 for the use of the Senior Citizens and Mr. Lang. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Council Meeting April 12, 1982 ORDINANCE #85 - MORATORIUM IIIMr. Kulaszewicz moved to dispense with the reading of the Ordinance. Seconded by Mr. Marier. Motion carried unanimously. Mayor Benson asked if there were any questions on this Ordinance and there were none. Mr. Marier moved to adopt Ordinance #85. Seconded by Mrs. :Elsenpeter. Motion carried unanimously. OLD BUSINESS Mayor Benson asked to discuss the response to the Circle Pines Utility Commission and Mr. Craig Rapp's letters. Mrs. Elsenpeter reported that she had discussed the cost of street maintenance in Circle Pines that is a part of the Utility charges and had been informed this portion is only billed to the Circle Pines portion of the system. 11 v Mr. Kulaszewicz felt that Lino Lakes should be a part of that Commission - should there be a liaison appointed? Perhaps Lino Lakes should sell the City's portion of the system back to Circle Pines. Mayor Benson felt there had been no cooperation - perhaps the Task Force should take a look at this system - maybe the City should consider a different company in the future - the City has a right to representation on the Commission - Lino Lakes has offered to have an open discussion on the subject of representation - The City is making some investment in that system and deserve some consideration - the 25 year agreement expires in a couple of years. Mr. Marier suggested a letter of intent pointing out the high maintenance cost - Task Force to do a study and make a decision as to whether to stay with the Circle Pines system or go with another company. Mayor Benson asked Mr. Schumacher to write a letter incorporating the topics discussed. Mr. Reinert moved to approve the writing of this letter and to avoid using the same tone as was used in the letters to Lino Lakes. Seconded by Mr. Marier. Motion carried unanimously. LOREN LAW - SET DATE After some discussion, it was decided to meet at 4:00 P.M. on May 10, 1982. Mr. Marier so moved. Seconded by Mrs. Elsenpeter. Motion carried unanimously. League of Cities Convention - Mr. Schumacher reported on the cost of this convention and noted that funds for 4 persons had been budgeted. The room cost is $33.00 per person and the registration fee is $80.00 per person. NEW BUSINESS Mayor Benson reported that he had received a letter from Mr. Weible asking that the III Council review the Charter and present to the Charter Commission the changes that are necessary. Mr. Kulaszewicz introduced the application for a liquor license at Rocky's North and reported that an investigation is in the process. 176 Council Meeting April 12, 1982 Mayor Benson reported that he had received some additional names for members on the Police Board - these he gave to Mr. Kulaszewicz. Mayor Benson asked Mr. Doocy if he would take the names of persons that had been submitted for membership on the Task Force to the Planning and Zoning Board for their consideration and Mr. Doocy suggested they be given to Mr. Reinert. Mayor Benson asked if instruction should be given to this Task Force or should the Planning and Zoning indicate the members and cone back to the Council for direction? It was generally felt the Council would make the final decision as to the makeup of the Task Force and the responsibilities would be then given to those persons. Mr. Reinert suggested that the Council look at the Solid Waste pick -up as it is now being handled in this City - perhaps the City could provide better service with one company rather than the three that operate within the City at the present time. Mr. Marier moved to adjourn at 10:10 P.M. Seconded by Mr. Kulaszewicz. Aye. a L. Sarnei, Clerk - 'treasurer 4. 4 Benj . G. ens , Mayor Council Meeting April 26, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., by Mayor Benson. Members present: Elsenpeter, Marier, Reinert. Members absent: Kulaszewicz. Mr. Hawkins, Mr. Schumacher, Mr. Volk and Chief Myhre were also present. VFW PRESENTATION Commander George Zeihr introduced Mr. Gunderson who made a presentation of $300.00 to Mr. Ken Johnson, Chairman of the Lino Lakes Park and Recreation Commission. It was explained that the VFW has been donating $300.00 a month for approximately two and one half years for park equipment and maintenance. The second presentation was for $2,000.00 for the Police Department for safety and emergency equipment. Commander Zeihr introduced other members of the VFW: Gunnar Gunderson, Senior Vice Commander; Jack Danielson, Junior Vice Commander; Les Nelson, Quartermaster; Bill Bohjanen, Adjutant and in- coming Commander. Pictures were taken. Mayor Benson expressed his appreciation to the members of the VFW for contributing to the City and their presentation tonight. 1 1