Loading...
HomeMy WebLinkAbout05/24/1982 Council MinutesCouncil Meeting May 10, 1982 Snowmobile damage at Sunrise Park - Mr. Reinert asked Mr. Volk if this has been assessed and Mr. Volk said, No,, but will be done before the next Council meeting. III Mayor Benson asked if the Planning and Zoning Board had received a complete list of the persons submitting their names for the Task Force and Mr. Reinert said he had passed along all the materials that he had received. Mr. Schumacher reported that Mr. Loren Law had a family emergency and had to cancel the meeting scheduled for this evening. He asked the Council to consider a date for the completion of this work. The date was set for May 24, 1982 at 4:30 P.M. Mr. Marier moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 10:50 P.M. Edna L. Sarner, Clerk - Treasurer Council Meeting May 24, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., by Mayor Benson, May 24, 1982. Council members present; Reinert, Kulaszewicz, Elsenpeter, Absent; Marier. Mr. Hawkins, Mr. Davidson. Mr. Schumacher, Mr. Volk, Mr. Kluegel and Mrs. Sarner were also present. MINUTES - MAY 10, 1982 Mrs. Elsenpeter moved to approve the minutes as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. DISBURSEMENTS - MAY 24, 1982 Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mr. Reinert. Motion carried unanimously. OPEN MIKE Mr. Jerry Blackbird had asked to appear before the Council to discuss the property being taken by the County in conjunction with the locations of the El Rehbein warehouse. The County is taking the property up to the fence - there are Pine trees planteduon the outside of the fence. The County will not assume the costs of having the fence moved and the trees replanted. Mr. Blackbird is asking the City's position on requiring the replanting of the trees. Mr. Reinert asked if there are any requirements that these trees be planted there in conjunction with the original permit? Mr. Blackbird had asked that the minutes on this be pulled and the Clerk reported that there had not been time. Mr. Blackbird reported that according to the permit that was issued there should be screening of the property to the North and there should be grass and shrubery in froft,. l9© May 24, 1982 Mr. Schumacher asked if they had been compensated for the trees and Mr Blackbird said they would be compensated for the trees but not for the replanting. Mr. Reinert moved to instruct Mr. Kluegel to research this and bring a recommendation to the Council. Seconded by Mr. Kulaszewicz. Motion carried unanimously. 1982 SEALCOATING AND OVERLAY IMPROVEMENTS Mr. Schumacher presented the summary of the Engineer's proposal that had been drafted after the last Council meeting. There is $45,375.00 in budget cuts and $5,000.00 from the budget making a total of $50,375.00 available for this work. The seal - coating program will cost approximately $15,650.00; the bituminious overlay to be done by City crews - $11,013.00 less City labor costs - $8,719.00; the bid costs approximately - $29,170.00. Mayor Benson asked if these estiamted costs are pretty accurate or is there a possibility of lwer costs due to the lack of work at this point in time? Mr. Davidson said most of the bids are coming in at approximately 25% less than the estimates. The last four streets, $18,246.00, would be on an alternate bidding - these wouldoonly be considered if the other bids came in low enough to allow this work to be done. The total bid - $53,540.00, deleting the last four streets, would fall within the revenues. Mr. Davidson presented the plans and specifications and the schedule for advertising and the opening of the bids. Mayor Besnon asked if part of the bid could be accepted? or is that proper? Mr. Davidson said all or any part of a bid may be accepted. Mr. Reinert asked about the bid that was let als Fall - is this proper? cab the bid be carried over? or does it have to be re -bid? Mr. Hawkins said there is no specific time for accepting these bids as such, and he felt there was no problem with this bid. Mr. Reinert felt the committee should be complemented on the excellent program that had been put together for the Council's consideration. Mr. Reinert moved to accept the plans and specifications and authorize the advertisement for bids, and setting the date for the opening of the bids. Mr. Davidson explained the Resolution that needs to be passed and what they should contain. (Per attached copy) The motion was seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Davidson said there should be a Resolution acception accepting the plan and and ordering plans and specifications. This was not passed at the last Council meeting. ORDINANCE #86 - ESTABLISHING AN IMPROVEMENT PROCEDURE May 24, 1982 191 This is the second consideration of this ordinance. Mayor Benson asked if the formal reading could be dispensed with and the Council aagreed. Mrs. III Elsenpeter asked if this Ordinance had been available for the public and the Clerk said, Yes, there have been copies in the office available for all persons. Mr. Reinert moved to adopt Ordinance #86. Seconded by Mrs. Elsenpeter. Motion carried unanimously. REPORT ON PARK DAMAGE Mr. Volk and surveyed the Parks for damage done during the winter by snow- mobiles, etc. Mr. Volk reported there is not extensive damage, but there is some damage. Mostly to the seedlings. He also felt that the major part ,of the damage is done in the summer months, not the winter. Mr. Volk felt, that since the majority of the parks are neighborhood parks, there should be no motorized vehicles allowed in the parks. Mr. Reinert wondered about the enforcement of this through the Police Depart- ment. Mr. Volk said there would be calls to that department. Mayor Benson asked the cost of the signs for the Parks? Mr. Volk said approximately $300.00. Mr. Volk added that in most of the parks the areas where the vihicles enter the park is visable and this would be the areas that would be posted. Mayor Benson suggested that Mr. Volk check with the Police Department on the I enforcement of this posting - just posting will serve no purpose of it cannot be enforced. Mrs. Eksenpeter suggested, that perhaps there should be a place for the use of these vehicles, such as an undeveloped park area that the City now owns. There would be no expense to the City and rather than say, there is no place for the use of the recreational vehicles, designate a certain area for their use. Mr. Reinert felt the first step would be to write an Ordinance for Council consideration prohibiting motorized vehicles in City Parks. He so moved. Seconded by'Mrs. Elsenpeter. Motion carried unanimously. Mayor Benson asked that Mr. Schumacher and Mr. Hawkins prepare such an ordinance. RICE CREEK WATERSHED PRESENTATION Mr. Andrew Cardinal, Board Member, gave a brief history of this agency noting the Counties that are involved. Mr. Cardinal explained the duties of this agency and some of the rules and regulations by which they operate. Mrs. Elsenpeter noted that before final approval by this City, the request must be approved by Rice Creek Watershed Board, but, when something is approved that allows water to flow onto another persons land, what does this Council do at that time? IMr. Cardinal said, if water is flowing onto other lands, then apparently the water went in that direction before the development of the other lands. Mayor Benson asked Mr. Cardinal to go through the steps that the agency goes through for approving a request. Mr. Cardinal asked Mr. Weidenbacher to explain this process. 192 May 24, 1982 Mr. Weidenbacher noted the first item is to file an application - this form is forwarded to the Engineers the first requirement is that the flow of the water from the land to be developed is no greater or at a faster rate after development than it was before the land was developed. The water must also flow in the same direction as before the development. He also pointed out the inspections that are done on the property and when. Mayor Benson ask if the Board is only concerned with surface water and Mr. Weidenbacher said, basically, but they do monitor ground water that is ued for irrigation. Mr. Reinert asked what relationship exists between the RCWB and the City Engineer. Wr. Weidenbacher said all correspondence issent to the City offices and would have to be forwarded to the Engineer by the City offices. It was also suggested that copies of the Planning and Zoning Board minutes, as well'as the Council minutes be sent to either the Rice Creek Watershed District or they may be sent directly to Mr. Cardinal. There was discussion on the establishment of a water management plan for the eintire City which the Rice Creek staff endorsed. Mr. Reinert questioned the establishing of a storm water management plan according to the latest legislation - he asked if there was any idea of what this would cost the City? There was no figures on this, however, Mr. Weidenbacher reported that the Rice Creek Watershed District is re- sponsible for establishing a program for the entire district. Mayor Benson asked if there was anything else that oculd be done by the City to make things easier, other than what had been discussed here to- night? Mr. Cardinal said he couldn't think of anything at the present, if an item is needed, he will contact the offices. Mr. Reinert suggested that some time in the near future that a member of the Soil and Water Conservation District be invited to attend a Council meeting. Mayor Benson thanked the RCWB personnel for attending and for their information. STATE AUDITOR'S REPORT ON THE FISCAL HEALTH OF THE CITY Mr. Schumacher went through this report briefly. This report had been published in several newspapers. All Council members have a copy of this report. This is a positive report and Mr. Schumacher felt this is some- thing the Council could be proud of. PLANNING AND ZONING BOARD ACTIONS Task Force Members - This is the list submitted from the Planning and Zoning Board along with a suggested schedule for meetings. Mr. Schumacher noted that Mr. Walt Williams will be unable to attend and asked that he be replaced. Mr. Kulaszewica suggested appointing a woman - Mayor Benson felt that a small developer should be considered. Mrs. Elsenpeter moved to appoint Mr. Pete Rosenthal of 6105 Hodgson Road to this position. Seconded by Mr. Kulaszewicz. Motion carried unanimously. May 24, 1982 Mayor Benson noted the agenda for the meetings. Mrs. Elsenpter moved to accept the Task Force members as presented. Seconded by NT; Reinert. II Mr. Reinert asked to amend the motion to have the Mayor appoint the Chair- man of the Task Force. Mr. Kulaszewicz felt these persons should have the input as to the Chairman - let them select their own Chairman. Mr. Reinert felt that becasue of the fact that the persons do not know eachoother, it would difficult to choose a Chairman. Amendment died for lack of a second. Mayor Benson noted that it has been the practice of past Council's and this Council to appoint Chariman of Commission, but, this is a little different. The only recommendation that he would make is that a member of the Planning and Zoning Board not be Chairman of this Task Force, or in the position of the Vice - Chairman. The Clerk asked if there would be minutes? will a person be needed to take minutes? Mayor Benson felt that one of the Task Force members should be appointed as a Secretary if they feel it is necessary to take minutes. Motion carried unanimously. Plan Review - Klosner /Goertz - This is a request for a plan review for a masonary contractor's building to be constructed in the Lino Industrial Park. Mr. Kluegel read the stipulations as set forth by the Planning and Zoning Board. Mrs. Elsenpeter moved to approve this site plan review for Klosner /Goertz with the stipulations as set forth by the Planning and Zoning Board. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Sampson - House Move -in - This is a request to move a house from West Highway #36 to a lot on Oak Lane. Proof of ownership of both the home and the lot has been provided. Mrs. Elsenpeter had toured the home and felt this home would be an asset to the neighborhood. Mr. Reinert moved to approve the request to move this home provided the items mentioned in the Planning and Zoning Board's recommendations had been met. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Variance - McDermot - This is a request to build on one of the sub - standard lots on West Shadow Lake Drive. Mr. Kluegel felt this is one of the better lots on this street. Planning and Zoning had recommended approval of this variance. Mr. Kulaszewicz moved to approve this variance. Seconded by Mrs. Elsenpeter. Mrs. Elsenpeter asked Mr. Klueget if this had been checkedfor the provision of an alternate septic system and Mr. Kluegel said, Yes. Motion carried unanimously. Kennel License - Barry - This is a request for a kennel license for the keeping of three dogs. There are times when there are two other dogs at that location. IMr. Reinert asked how,long the dogs are left there - Mr. Barry said his father -in -law is retired and sometimes the dogs are there for a month or more. Mr. Kulaszewicz moved to approve this kennel license. Seconded by Mrs. Elsenpeter. 194 May 24, 1982 Mayor Benson asked how these animals are housed and Mr. Barry said there are two kennels and there are two dogs in each kennel. There is one small dog kept in the house at all times. Mr. Hugo Jorgenson asked to speak and wated the Council to understand that by not protesting at this time he is not relinquishing his right to protest if a problem does occur. Motion carried unanimously. Special Use Permit - WCCO - This is a request for the installation of an Earth Station and a mirco -wave tower on lands owned by this station and located just off Holly Drive. Mr. Doar pointed out that this had been purchase originally for the construction of a radio tower but had been unable to get permission of the FAC. The Planned construction will include three 10 meter dishes, one one hundred foot tower and a small building to house the equipment. This installation will b eo a five acre parcel out of the 158 acres that are owned by WCCO. Mrs. Elsenpeter asked how near this would be to the residences and Mr. Shepard said the nearest how would be approximately 900 feet. He pointed out that this is a sparcely populated area. Mayor Benson asked what this special use permit is asking for? Mr. Kluegel said, this is for the installation of the facility and the driveway access to the location. A resident asked if the tower would interfer with present radio or TV reception and Mr. Shepard said, No. He explained this could assist n the early installation of Cable TV. He asked if there is any long term helath problems? Mr. Shepard said the position of the station is such that there is very little chance of harmfull raidation. They have applied for permission from the necessary agencies. Another resident protested that this could lead to a tower farm and is certainly setting a precedent. He felt this would only be detrimental to the City. He cited the towers in Shoreview as an example. Mr. Doar pointed out that this land is much too low to ever become a residential area and he did not feel that this tower would be detrimental at all. One Resident asked about the legal ramifications and Mr. Hawkins said this is one application for this one location and does not in any way indicate that any person who wishes to install a tower will be given permission. Mr. Reinert pointed out this is done by Special Use Permit for purpose - this is review annually in July and of there is any indication of non- compliance to the permit, it can be revoked. A resident asked about potential health hazards and Mr. Shepard explained the operation of this tower and indicated that he did not feel there is any danger in any way. He indicated these towers are among heavily populated areas with no apparent effects. Mrs. Elsenpeter asked if there was information available as to the Health hazards that could be given to the Residents? and Mr. Shepard said that the Engineers from WCCO have stated that there is no indication of any May 24, 1982 19. health hazard whatsoever. Mr, Shepard said that he would certainly get any information available to Mrs. Elsenpeter. IMr Reinert moved to table this request due to the controversy concerning the potential health hazard. Motion died for lack of a second. Mr. Kulaszewicz asked if there was information available and Mr. Shepard said they do not have an extensive library on this, bu they will certainly gather all they can find and forward to the City. Mrs. Elsenpeter moved to approve the request for the installation of the mocro -wave tower and the necessary components for operation to inlcude the installation of the access driveway of over 300' for WCCO and with this, she will investigate the health hazard question before the Council metting and if she finds anything at all, she will move to rescind the approval. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Reinert voting, No. ATTORNEY's REPORT Mr. Hawkins discussed the information that he had forwarded to the Council concerning the variances, special use permits, re- zoning, etc concerning documentation for these actions. He felt that it is necessary to indicate the ordinance or whatever supporting the actions of the Planning and Zoning actions. He said he would like to see the Planning and Zoning Board start using this criteria. Mrs. Elsenpeter asked Mr. Hawkins to speak on the Special Use Permit that was considered at this meeting, which he did, noting the kind of documen- tation that should have been used. Mr. Schumacher noted that several months ago he had delegated the respon- bilityof putting all information for Planning and Zoning request togeather to the Building Official, Mr. Kluegel. This makes the gathering and dis- pensing of information the responsibility of just one person so people aren't given information piecemeal. Mr. Reinert moved to proceed on these matters with a formal resolution. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Benson asked that this information be passed to the Planning and Zoning Board and to the employees. OLD BUSINESS. Mayor Benson asked Mr. Hawkins about the tranistion between his office and Mr. Locher's and Mr. Hawkins said it is on schedule. NEW BUSINESS Mr. Schumacher presented letters from Milner Carley .the accepatance of streets in MarDon Acres, Pine Vista II, Wollan's Estates, Shenandoah III, Mr. Volk had inspected these deveopments and he felt that the installations in MarDon Acres and Shenandoah III are not completed and would not recommend acceptance of those areas until they are completed. Mr. Reinert moved to accept the recommendations of Milner Carley on Wollan's Estates and Pine Vista II, Seconded by Mr. Kulaszewicz. Motion carried unanimously. 1°6 May 24, 1982 The Public Works Director's comments will be forwarded to the Engineer for thier action. Lakes Add. # 7 - Milner Carley did the plans and specifications for this plat. This firm is asking for payment for those documents becasue they do not feel they can have the project completed by August 1st. El Rehbein had provided a Letter of Credit for this purpose. Mayor Benson asked if this City is getting all the documents and materials that the City has paid for? Mr. Carley has not, to date, met with Mr. Davidson to discuss this matter. Mrs. Elsenpeter moved to table this request until the matters have been discussed with TKDA. Mayor Benson suggested this be handled by a directive to the City Administrator. Mrs. Elsenpeter asked about the street in Forest Glen- when does this Letter of Credit expire? Mr. Schumacher wasn't sure. Mrs. Elsenpeter asked that this matter be put on the next agenda. Those streets should be done. If not by Mr. Menkveld, then by the City against the Letter of Credit. Mayor Benson asked about reservations for the League of Citites - would Mr. Schumacher take care of those reservations? Mayor Benson also requested a letter of Thanks be set to the Rice Creek Watershed Board for their time here this evening. It was appreciated by this Council and he felt this ipened up the lines of communications. Mayor Benson also received a letter concerned with the Blain Interceptor. This is from the Metropolitan Council they would like a directive to extend that line to the Lino Lakes City limits at Sunset and North Road. Mrs. Elsenpeter moved to write a letter requesting this extension be installed as soon as possible. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Kulaszewicz moved to adjourn at 10:05 P.M. Seconded by Mr. Reinert. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on June 14, 1982. E na L. Sarner, Clerk- Treasurer 1 1 1 May 24, 1982 19i RESOLUTION - #827,6 WHEREAS, it is proposed ti improve certain streets within the City of Lino Lakes, per the attached list. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA: That the proposed improvements be referred to Mr. John Davidson of TKDA, for study and that he is instructed to report to the Council with all convenient :.speed advising-, the Council in a preliminary was as to whether the prosposed improvement is feasible. Adotped by the Council this 10th day of May, 1982. Cj4;6L/24L,Y Edna L. Sarner, Clerk- Treasurer RESOLUTION - #82 -7 enj -` , Mayor WHEREAS, pursuant to a Resolution passed by the City Council on May 10, 1982, the City Engineer has prepared plans and Specifications for the improvement of those certain streets, per attached list, has been presented such plans and specifications to the Council for approval: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO. LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and the Construction Bulletin an advertisement for bids upon the making of such improve- ments under such approved plans and specifications. The advertisement shall be published twice abd sgakk specify the work to be done, shall state that bids will be opened on June 10, 1982 at 10:00 A.M., and considered by the City Council on June 14, 1982 in the Council Chambers of the City Hall, 1189 Main Street, Lino Lakes, MN, and that no bid will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, Cashier's Check, Bid Bond or Certified Check payable to the Clerk for five percent (5%) of the amount of such bid. 121-1,‘L Edna L. Sarner, Clerk- Trea.suTeT Benjamin G. Benson, Mayor