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HomeMy WebLinkAbout07/26/1982 Council Minutes114 Council Meeting July 26, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., July 26, 1982 by Mayor Benson with all Council members present. Mr. Hawkins, Mr. Davidson, Mr. Schumacher and Mrs. Sarner were also present. MAYOR' S REPORT Mayor Benson read a report - a copy of which is attached to these minutes. Mayor Benson also made some pointed comments on the responsibilities of the Council members. MINUTES - JULY 12, 1982 Mr. Marier moved to approve the minutes as presented. Seconded by Mrs. Elsenpeter. Motion carried with Mr. Kulaszewicz and Mr. Reinert abstaining. DISBURSEMENTS - JUNE 30, 1982; JULY 12, 1982; JULY 26, 1982 Mrs. Elsenpeter moved to approve the disbursement of June 30, 1982 as presented. Seconded by Mr. Marier. Motion carried unanimously. July 12, 1982 Mr. Marier questioned the check to Inter -State Diesel - Mr. Schumacher pointed out this was for the installation of a transmission of the 6x6 and has been credited to three different departments that use the vehicle; Mr. Marier questioned the grader rental - had bids been obtained? Mr. Schumacher said, No, they had tried but no one is willing to lease a grader without their operator; W.A. Egan? This is for fuels and is credited to the appropriate department; Carpenter Automotive - $12.59 - what for? The Clerk was asked to pull that bill - it is for a part for the Pick -up Truck used in the Park; under Miscellaneous - Culvert Company, shouldn't that be under the road department? Mr. Schumacher, No, this is purchased by the City through the County contract for resale. $2,196.00 for railroad ties? This came out of Park dedicated funds. Mr. Marier - your authorization is only for $1,000.00 - shouldn't this have come before the Council for this type of expenditure? Mayor Benson - Milner Carley on the 398.50 - this is not part of the hold back for documents not received as yet? Mr. Schumacher said, there is a much larger amount unpaid. Disbursements were approved as presented by unanimous vote. July 26, 1982 - Mrs. Elsenpeter questioned the Northwestern Bell Telephone Bill spread - the Clerk said the entire bill was divided on a percentage basis. Mr. Reinert asked the status of Babcock Locher work? Mr. Schumacher noted there were six projects that needed to be completed by that firm. Mr. Hawkins said he is monitoring the cases and he felt thereare only two left to be disposed of. Mr. Reinert asked if a report is received from the Animal Control and the Clerk explained that a very complete report is presented with the Statement. Mayor Benson, is the $10,096.00 - is that just for the squad car and he was told, Yes. He also pointed out that on the matter of the Court case where he was named, he is no longer a part of that suit and it is in the name of the Home Owners' Association. The City records should be corrected. The Disbursements were approved as presented by unanimous vote. 1 Council Meeting July 26, 1982 CONSIDERATION OF REFINANCING THE 1979 TEMPORARY BONDS III Mr. Jerry Shannon, of Springsted, noted this is for the refinancing of the temporary bonds and all receipts and funds taken into consideration, they are proposing a bond issue of $750,000.00. This would mature in 1992. 1 215 Mr. Shannon pointed out some of the problems facing the City in the area - the lots that have been declared as being unbuildable and do have assessments levied against them; the assessments were not filed for collections until this year, therefore, only one year's receipts will be realized. Mr. Shannon went through the schedule of repayment as had been prepared by his firm. Mr. Shannon reported that the firm would recommend that the City apply for a bond rating from Moody's Investors,non -rated bonds are very hard to sell. The recommendation from Springsted is that the bonds be offered for sale at the regular Council meeting to be held on August 26, 1982. Mr. Reinert asked, is because of the unusable lots that the City will not be able to collect enough to pay the bond' issue and Mr. Shannon, said, Yea._ .He also pointed out that the original assessment was certified at 8% and the resale will be at a higher interest rate. Mr. Shannon said the City cannot go back and establish a new interest rate. Mr. Reinert asked, if at the time of the original sale was there any information available as to the position of the Corps of Engineers on those unusable lots? Mr. Schumacher said, at the time of the sale he had only been here for one month and does not have background information on this project. Mr. Marier asked if those lots had been included in the calculations for assessment receipts and Mr. Shannon said, No. Mr. Shannon was asked what the levy to the City would be to pay the assessments on those lots and Mr. Shannon said it would be approximately 2 mils. Mr. Hawkins reported that he had talked with Bond Counsel and had been told that the City could go back and reassess the entire project at a new interest rate. Mr. Hawkins suggested that the deficit created by the unusable lots be added to the overall assessments, the entire area be re- calculated and studied for this possibility. Mr. Shannon discussed the alternatives as suggested by the recertification noting that the City must have the funds to retire the existing bonds by the first of December, possibly two weeks before that date. Mr. Shannon presented the Resolution ordering the sale of $750,000.00 Bond Issue setting forth all necessary data. Mr. Marier felt that all areas should be researched. Mr. Marier moved to authorize Mr. Hawkins to research the deferment of the bonds with the Bond Consultant. Mr. Hawkins asked that this include the possibility of reassessment and felt the City Engineer should recalculate this assessment. This report to be back by next week. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OPEN MIKE Mr. Marlin Tramm of MarDon Homes had requested to appear to discuss his Letter of Credit. Mr. Schumacher reported that Mr. Tramm has arranged for the extension of this Letter of 216 Council Meeting July 26, 1982 Credit, therefore, he will not appear. Mr. Hawkins recommended that a deadline of 5:00 P.M. on Wednesday. Mr. Schumacher said he had been assured that this would be in the office this week. Mrs. Elsenpeter questioned the amount of $7500.00 - shouldn't this be increased? There was some discussion on this - Mr. Hawkins recommended that the estension of the $7500.00 be here by 5:00 P.M., July 28th or the City will draw on the Letter of Credit. Mr. Reinert so moved. Seconded by Mr. Marier. Motion carried unanimously. Janice Herr, Block Party - Mrs. Herr is requesting to block off the cul -de -sac at the end of Rice Lake Lane on August 14th for a Block Party. Mrs. Elsenpeter moved that Council give approval of this request. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Pete Nadeau appeared before the Council to discuss the market value on his property. He felt that he had been denied the right of appeal by the Council at the time of the Board of Review. He felt that by asking for a review from the County Assessor's office that nothing had changed - they lowered some and raised some leaving the overall market value at the same or higher. He felt that it was a cut and dried situation. He also said he had met with the local assessor and gone over his property. Mr. Nadeau pointed out the difference is the value placed on two ten acre parcels - one with 660 front footage - one with 187 front footage - at approximately the same value. One is a part of a farm - the other is a residential parcel. Mr. Nadeau wanted to set a date to reopen this discussion. Mr. Marier noted that Mrs. Roisum was present and felt that she should answer these questions. He also felt that no one of them is qualified to assess property except the assessor. Mrs. Roisum explained that farm acreage is not valued by the front footage but by acreage - Residential lots are valued by front footage.. Mayor Benson said there is no way this Council can discuss this intelligently until they have something that can be looked at. Mr. Hawkins said his understanding that the Council adopted the assessment at the Board of Review - the Council agreed - Mr. Hawkins said this has been passed onto to the County for their review. Mrs. Roisum pointed out that this matter is out of the hands of the Council and of the Local Assessor. It has been reviewed by the County. Mr. Hawkins pointed out that if he is not satisfied with the Local Assessor, or the County, then the law provides for this matter to be settled in Court. A recess was called at this point in the meeting. PUBLIC HEARING - CHARTER AMENDMENTS Mayor Benson opened the Public Hearing on the Charter Amendment at 8:44 P.M. Mayor Benson asked Mr. Weible if he had any points he would like to discuss. Mr. Hawkins suggested that the changes be gone through. Mr. Hawkins noted the changes that are proposed. One is that a referendum on Resolutions and throughout the Charter the reference to Resolution has been eliminated. In Section 4.05 noting that the Clerk- Treasurer, not the Administrator, is responsible for elections. Council Meeting July 26, 1982 Mr. Reinert asked about Subdivision 5 just what does this say? This deals with the legislative powers of the Council. Mr. Reinert was concerned with the word 'discreation'. Mr. Weible said this was prompted by an Ordinance he had seen IIIrecently and he had felt that in that Ordinance had granted the Council legislative powers by Resolution. 217 The phase reads "legislative powers or discreation ", Mr. Weible felt the intent was "legislative powers or legislative discreation ", but it does not say that. Mr. Weible said it was not meant to eliminate discreation. Mr. Hawkins said his interpretation of this section was that the Council cannot adopt ordinance that gives itself powers over what the State gives to them. Mr. Hawkins noted that the five year financial plan may be adopted by Resolution rather than by ordinance as was originally required. The inclusion of Certificates of Indebtedness has been added to the methods of financing. A severability clause had been added. Mrs. Elsenpeter asked why there are never any minutes made available to the Council? What is the current standing of the Charter Commission in regards to the newly appointed member? Mr. Weible understood that the City was notified of the appointment of the member and the Clerk agreed that notification had been received. As to the minutes, Mr. Weible said the City does have a file - the Clerk said she had received some minutes but none in reference to these changes. III Mrs. Elsenpeter asked about 11.02 - what was the discussion on this requirement. Mr. Weible said this originally said 'may by ordinance' some felt it should say 'shall by resolution'. The change suggested is to require the setting of utility rates and fees by ordinance. The discussion returned to the section dealing with legislative powers or discreation. Mr. Kulaszewicz moved to continue this hearing until August 9, 1982 at 7:30 P.M. Seconded by Mrs. Elsenpeter. This to include the suggestions from this meeting. Motion carried unanimously. ENGINEER'S REPORT Mr. Davidson presented his recommendations for the location of utilities in Public Right -of -ways. He noted, that by a request from Mrs. Elsenpeter, he had amended his recommendations to include the location of TV Cable. Mr. Davidson pointed out the requirements of the locations of the several buried cables. Mr. Davidson also included an ordinance change for Ord. #49 which would delete Section 5 and substitute an application and permit section. The Council may by Resolution establish the fee that could be charged for that permit. The Cost of printing up one hundred in sets would be approximately $35.00. The rules would be printed on the reverse side of the application. Mr. Davidson pointed out that any private installer would be covered by the Ordinance change. III Mr. Marier questioned the requirements of asking easements for all, is this for all? This would only be required for a jack crossing - Mr. Marier said this is what it should say. Mr. Marier - No. 4 - in relationship to the rules and regulations - are you asking the Engineer to get involved? The specifications for the replacement of the concrete. This 218 Council Meeting July 26, 1982 would relate to the existence of what is there at the time of installation. This contact would be through the City. No. 7, driving on the shoulder except as authorized by the Engineer - what is the purpose of this? Mr. Marier felt this should say that any damage is the responsibility of the installer. Mr. Marier questioned the running of gas and electric lines in the same trench - OSHA should be checked on this. Mr. Davidson said this has been done by NSP. Mr. Marier said this could be a very dangerous situation. Mr. Davidson said this only says that if the requests meet the requirements of the other regulatory agencies, then it would be allowed. If the Council disagreed with this provision, then it may be removed. Mr. Marier felt that No. 7 should be removed. Mr. Davidson felt this may not apply to the large utility companies, it would apply to smaller contractors. Mr. Reinert did not feel this should be eliminated - one company may do a good job, another may come in and do a sloppy job - all possibilities should be covered if this City is to have a policy. The discussion returned to the installation of gas and electric lines in the same trench - with the suggestion that this particular item be deleted. Mrs. Elsenpeter moved to accept this policy with the suggestions as presented in the area of driving over driveways, shoulders or streets be incorporated, "any damage that occurs to these areas will be the responsibility of the contractor" and deleted the item on gas and electric in the same trench. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Marier abstaining. Air Park Extension Mr. Davidson reported that he had met with Mr. Kolstad on the installation of Carl Street from 4th Avenue about 1400 feet West. Mr. Davidson suggested that rather than putting in a 24' surface with curbs, that the 24' surface be installed but with shoulders and ditches which would allow the water to be carried to the ditch further West. He also suggested that the shoulders be grass rather than gravel. This rural design would allow, that if and when sewers are installed in that area, they can be laid in the ditches and simply covered. Mr. Davidson noted the times during the construction that inspections and tests would be done. There should also be a cul-de-sac at the end for trucks to turn around. Mr. Kulaszewicz moved to approve these recommendations for the Air Park. Seconded by Mr. Marier. Motion carried unanimously. 1 RESOLUTION 82 -13 - and RESOLUTION 82 -14 These resolutions deal with the costs of the installation of the sewers to the Highway r/49 and County Road J and the ordering of the preparation of the assessment roles and setting a public hearing for August 9, 1982 at 8:30 P.M. waiving the reading of these Resolutions. Mrs. Elsenpeter moved to approve these Resolutions. Seconded by Mr. Reinert. Motion carried unanimously. (Copies of these Resolutions are attached) CLERK'S REPORT The Clerk reported that she had received an application from the Tom Thumb Store for an off -sale 3.2% beer license. Mr. Hawkins had checked and the application was 1 Council Meeting July 26, 1982 in order. Mrs. Elsenpeter moved to approve this license. Seconded by Mr. Marier. Motion carried unanimously. 219 III Mr. Coleman had requested a refund of $750.00 that has been held in escrow for six years for the putting in of a street, if it was ever to be improved during that period of time. This street is located at the end of Deer Pass Trail. Mr. Coleman had sold the property but had retained the right for the refund of the money. Mrs. Elsenpeter moved that the $750.00 be refunded to Mr. Coleman. Seconded by Mr. Kulaszewicz. Mr. Schumacher asked about access to Deer Pass Trail and Mr. Coleman said there is 110' on that street. Motion carried unanimously. SETTING PUBLIC HEARING - FLOOD PLAIN ORDINANCE Mrs. Elsenpeter moved to set a public hearing to adopt the Flood Plain Ordinance for August 9, 1982 at 7:00 P.M. Seconded by Mr. Kulaszewicz. Mr. Marier asked if this is for consideration - Mrs. Elsenpeter said this is an emergency ordinance and should be adopted. Motion carried unanimously. E.R. HENRIKSEN LOT SPLITS Mrs. Elsenpeter moved to approve the remaining parcel in the plat as presented by III Mr. Henriksen. Seconded by Mr. Marier. Motion carried unanimously. ORDINANCE REGULATING OPERATION OF MOTOR VEHICLES IN LINO LAKES This will be Ordinance No. 87. Mrs. Elsenpeter moved to waive the reading of this Ordinance and adopt this Ordinance in its entirety. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PLANNING AND ZONING BOARD ACTIONS Special Use Permit - I. Zastrow - Mr. Schumacher reported this special use permit is for a zero lot line to convert the front part of his cabinet shop into a pizza shop. The Planning and Zoning Board has reviewed this application and recommended approval with the stipulation that it be completed within 60 days of Council approval. The concerns with the parking had been satisfied, the septic system had been cleared with Anoka County Health Department. Mr. Kulaszewicz moved to approve the Special Use Permit for Mr. Zastrow with the stipulation that this be completed within the 60 days after Council approval. Seconded by Mrs. Elsenpeter. Mr. Hawkins pointed out that them are no reasons presented for the approval of this permit according to the requirements of the ordinance. Mr. Hawkins read the standards from the Ordinance, pointing out that specific reasons for this specific parcel must be listed. Mr. Reinert felt that since there are no specific reasons set forth by the Planning and IIIZoning Board, this Council has only one choice, this is to send this back to them. Mr. Marier said that 1) the parking had been taken care of; 2) septic system had been cleared; 3) space to accomodate his customers 4) complies with Comprehensive Plan. Mr. Marier moved to add these reasons to the motion. Seconded by Mrs. Elsenpeter. Amendment carried unanimously. 220 On voting on the motion, the motion carried unanimously. Council Meeting July 26, 1982 Mrs. Elsenpeter asked about a worksheet that had been proposed and Mr. Schumacher pointed out that these worksheets had been prepared and presented to the Planning and Zoning Board. Mayor Benson suggested that the Planning and Zoning Board be reminded of this and that these worksheets must be completed. A recess was called at 10:00 P.M. Meeting reconvened at 10:10 P.M. COMMUNITY DEVELOPMENT BLOCK GRANT ARCHITECTURAL PROPOSALS This is for the construction of the Senior Citizen Activity Center and at the last meeting, Mr. Schumacher had been requested to obtain additional bids which he had done. The Council members all have copies of the proposals. No 1 - Ed Vogt - $6850.00; No 2 - based on percentage - $7,000.00; No 3 - 6500.00; No 4 - $8,000.00. Mr. Schumacher felt each bid was computed in a different manner, therefore, nothing is clear -cut. Mr. Schumacher went through the various items he had requested from each firm. After reviewing all the bids, Mr. Schumacher recommended the firm of Vogt & Buelow. Mr. Marier reported that he had received a few calls this week and they don't want this building - they say they are happy where they are. Mr. Reinert moved to approve the proposal as submitted by Vogt & Buelow not to exceed $6850.00, for the planning of the Senior Citizen Building. Seconded by Mrs. Elsenpeter. Motion carried with Mr. Marier, Mr. Kulaszewicz voting, No. FEDERAL REVENUE SHARING COMPLIANCE AUDIT There was discussion of the proposal as submitted by Mr. Anfinson for the performance of this audit. Mr. Schumacher noted that this audit must be done every three years and it has been three years since the last audit. The approximate cost is $400/$500 for this audit. Mrs. Elsenpeter asked, if all the background work is done by the staff and then forward the information to the auditor, couldn't some money be saved? Mr. Schumacher said, maybe, he will check this out. Mr. Reinert moved to table this item and check further into the cost. Seconded by Mr. Marier. Motion carried unanimously. ATTORNEY's REPORT Mr. Hawkins presented an easement from MidWest Radio and TV - he had reviewed the document and recommended the City approve. Mrs. Elsenpeter moved to accept the easement as described on the document. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Manufactured Housing - it is necessary for the Council to set a Public hearing on this ordinance and it should be passed as an emergency ordinance. Mrs. Elsenpeter moved to set a Public Hearing on this Ordinance for August 9, 1982 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. (This will be Ordinance #56- ) . REVIEW OF SPECIAL USE PERMITS - 1982 Mr. Reinert moved to table this until there is more time for discussion. Seconded 1 Council Meeting July 26, 1982 221 by Mr. Marier. Mr. Schumacher asked if any Council member has a question, please make a note and let the staff know so they can be answered. Motion carried unanimously. OLD BUSINESS Loren Law Statement - Mr. Kulaszewicz asked that the minutes when this was proposed so the estimated cost could be checked. Mr. Schumacher noted that he had budgeted $700.00 for this and it was to be one all day meeting with a brief summary. This had extended into 3 meetings. Mr. Kulaszewicz felt this cost is double of what he had expected. Mayor Benson said this statement was for 28 hours - did Mr. Law spend that much time? Mr. Marier felt that Mr. Law had suggested the additional meetings. Mrs. Elsenpeter moved to authorize Mr. Schumacher to write Mr. Law a letter, that based on the breakdown, that this statement is excessive, and to offer $900.00. Seconded by Mr. Reinert. Motion carried unanimously. Mayor Benson asked about the MMTC - wasn't there to be some information on the permit application? Mr. Schumacher said he had written a letter. There has been no answer as yet. Chairman - Task Force - Mr. Schumacher pointed out that this is on the agenda due to the stepped up activities of that body. They have planned to meet every Tuesday in August. Mr. Schumacher felt that this Council should authorize the attendance of Mr. Bill Short at all these meetings or perhaps appoint a Chairman so more can be accomplished at these meetings. Mrs. Elsenpeter recommended that the Mayor appoint a Chairman for the Task Force with the consensus of the Council. Mayor Benson said he would like to attend a meeting and then he will make a decision. Mrs. Elsenpeter pointed out that the Special Use Permit issued to Mr. Robert DuFour expires before the next Council meeting - should this Council take any action. She felt that a temporary extension should be considered. Mr. Reinert asked if the minutes of the Council are being forwarded to the Rice Creek Watershed Board. The Clerk said they are not up to date but are being forwarded to Mr. Andy Cardinal. Mrs. Elsenpeter moved to extend Mr. DuFour's special use permit to August 10, 1982 asking the Staff to investigate. Seconded by Mr. Kulaszewicz. Motion failed on a 3 to 2 vote. NEW BUSINESS Special Federal Census Update - Mr. Schumacher said we need 25 to 30 people who want to work for approximately one week at $4.92 per hour and 20G per mile for interview on August 17, 1982. They will be using approximately 6 to 8 of these persons but need 25 to 30 for interviews. The Clerk reported that she had talked to Mrs. Averbeck, Mrs. Joann Anderson and Mrs. Pat Sorenson who have promised a list of persons for this work. 222 Council Meeting July 26, 1982 Mr. Kulaszewicz asked about the additional money this would bring into this City and Mr. Schumacher said it would depend on what the City State Aid Road System recommendations are. These monies are not included in any budget. Appoint Representative to Anoka County Joint Law Enforcement Council - This City needs to be represented on that Council. Mayor Benson felt this should be a member from the community. Mr. Kulaszewicz will check on this and report back at the next meeting. Surface Water Management Act Seminar - Mr. Schumacher felt this should be attended by someone since this City will be working with this Law over the next few years. Mr. Reinert felt that Mr. Schumacher should attend. Mayor Benson asked that the Chairman and Vice - Chairman of the Planning and Zoning Board should be asked to see if they can attend. United Resource Recovery- Use of Parking Lot - Mr. Schumacher reported this firm has requested to use the City's parking lot every other week for the collection of aluminum for re- cycling. This is a private company. The concern of liability was discussed - Mr. Hawkins felt they would be covered the same as anyone else using the parking lot. They pay 19 per pound for cans. The general consensus of the Council was there is no problem with this as long as they are not parked in the path of the Police vehicles. Letters of Thanks - Mr. Schumacher noted that he has a number of letters of thanks addressed to the Police Department for service they had performed. Mayor Benson asked if copies of these letters are put in the officer's files and was told, yes. NEW POLICE OFFICER Mr. Schumacher reported that the new officer has passed all his examinations and is at present riding with one of the other officers to learn the City. Mr. Marier moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 11:07 P.M. l&Z-It Edna L. Sarner, Clerk- Treasurer Council Meeting August 9, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:07 P.M., August 9, 1982, by Mayor Benson with all Council members present. Mr. Hawkins, Mr. Davidson, Mr. Schumacher, Mr. Volk, Mr. Kluegel, and Mrs. Sarner. MINUTES - JULY 26, 1982 Mr. Reinert moved to approve the minutes as presented. Seconded by Mr. Kulaszewicz. On discussion, Mr. Marier corrected some misspelled words on page five. 1 1