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HomeMy WebLinkAbout08/09/1982 Council Minutes?22 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. 2Ai„ / 4e 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, Mx. 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 Council Meeting August 9, 1982 The motion to approve as corrected carried unanimously. DISBURSEMENTS AUGUST 9, 1982 226 Mr. Marier moved to approve the disbursements as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OPEN MIKE No one had asked to appear under this portion of the meeting and there was no one in the audience who wished to speak. FLOOD PLAIN ORDINANCE - PUBLIC HEARING The Public Hearing in the Flood Plain Ordinance was opened at 7:12 P.M. Mr. Schumacher asked that this be delayed since Mr. Stein is not present as yet. This matter was agreeable and Item #9 on the agenda was considered next. ZONING AND BUILDING OFFICIAL's 1982 REPORT Mr. Kluegel had prepared a semi - annual report noting the number and amount of building permits issued to date. Mr. Reinert asked if Mr. Kluegel had discussed the state of the building in other communities and Mr. Kluegel said the persons he had discussed this matter with seemed to think the construction was on the upswing. Mr. Marier asked about the building he had discussed about a month ago that did not meet codes. He asked Mr. Kluegel to discuss this building and what the situation is on that building at this time. Mr. Kluegel said the building is just North of El Rehbein's maintenance garage on Lake Drive, the building had been unoccupied for approximately four years. The front was on a slab and had been constructed in sections. This was a pre - existing home and the front portion of the building had been removed and the remaining building only had 600 square feet. Mr. Schumacher felt that in order to document this action, this should be forwarded to the Planning and Zoning and come back through the Council. Mr. Reinert asked about the building on County Road J just West of the 49 Club - Mr. Kluegel said this is the garage portion of a house that is being constructed. Mr. Reinert questioned the time limit on the construction and Mr. Kluegel said there is a time specified as to when construction must start and how long something can be at a standstill, but there is no time frame for the completion of a structure. He felt this would need to be addressed in a local ordinance. Mr. Marier moved that the home on Lake Drive be presented to the Planning and Zoning Board and forwarded to the Council. Seconded by Mr. Kulaszewicz. Motion carried unanimous ly. FLOOD PLAIN ORDINANCE The Public Hearing was opened at 7:22 P.M. by Mayor Benson and Mr. John Stein presented the Ordinance, the reasons for, and what is to be accomplished by this Ordinance, pointing out this is required by the Federal Government. ?24 Council Meeting August 9, 1982 Mr. Stein reported that to the best of his knowledge, this Ordinance meets with both State and Federal regulations. The purpose of the ordinance is to make sure this City's eligibility in the Flood Plain Insurance remains. There were some questions on portions of the requirements which Mr. Stein answered. Mr. Davidson was asked if he had any comments on this ordinance and Mr. Davidson suggested that this City have a topography map made. This would indicate all lands that are suitable for development. He felt the cost could be recovered by selling the information to potential developers. Mr. Reinert asked the cost of preparing such a map and Mr. Davidson felt that it would cost between $6.00/$10.00 per acre. Mr. Schumacher reported that the Task Force was discussing using this same sort of tool. Mr. Reinert asked that this matter not be forgotten. Mrs. Elsenpeter moved to adopt the Flood Plain Ordinance No. 88, (The Clerk is to check for the correct number on this Ordinance). Mrs. Elsenpeter noted that the Ordinance should have a declaratory statement at the beginning. The motion was seconded by Mr. Reinert. Motion carried unanimously. Mayor Benson closed the public hearing at 7:42 P.M. PUBLIC HEARING - CHARTER AMENDMENTS Mayor Benson opened the Public Hearing on the Charter Amendments at 7:43 P.M. Mr. Hawkins presented the revised copy of the section that had been in question at the last meeting concerned with the limiting of legislative powers to the Council. All members have a copy of the revised statement. Mr. Hawkins pointed out this is the introduction for these amendments. Mr. Reinert moved to introduce the Charter Amendments. Seconded by Mr. Marier. Motion carried unanimously. Mayor Benson closed the Public Hearing at 7:46 P.M. Mr. Hawkins pointed out these amendments do not become effective for 90 days after adoption. Mrs. Elsenpeter felt that there was some clarification necessary on the Flood Plain Ordinance. Mrs. Elsenpeter moved that a declatory statement be prepared for this • Ordinance, authorize the Clerk to prepare a summary for publication. Mr. Hawkins said this Ordinance cannot become effective for 30 days after adoption. He also pointed out that the Council must approve the summary for publication. Mr. Schumacher pointed out that this is an emergency ordinance. Mrs. Elsenpeter felt that the emergency designation is not necessary. Mr. Marier suggested that letters be sent to the agencies explaining the passage of this ordinance, (Mr. Stein and Mr. L.M. Thomas), explaining the requirements in reference to the City's Charter. Seconded by Mr. Marier. Motion carried unanimously. ATTORNEY's REPORT - BLACK DUCK PROJECT Mr. Hawkins had researched this question and felt that the City can hold a public hearing and increase the rate of interest thus eliminating the necessity of a City wide 1 1 Council Meeting August 9, 1982 2 levy. Mr. Hawkins pointed out that the Bonds will still have to be sold regardless of the method taken in the assessment of this project. Mayor Benson asked if there were any negotiations going on as to using those lots that are designated as unsuitable for development and Mr. Schumacher said there is a public hearing late this month on the property just to the South and he would like to get the results of that Public Hearing. If the decision is favorable for those lots, then there should be a like opinion on these lots. Mr. Shannon presented his proposal for the sale of $750,000.00 Bonds to refinance this project. He presented several methods for the assessing of this money and several payment schedules. These he explained to the Council. Mr. Marier felt he would like to study the Springsted report further and get the results of the DNR hearing scheduled for the latter part of August dealing with lots just South of the lots in question. Mayor Benson asked Mr. Hawkins about his statement on proceeding with the bond sale and Mr. Hawkins said the sale of the bonds should proceed according to Mr. Shannon's schedule since this question is separate of the questions of whether the lots are buildable or not. The proceed of the bonds sales could be invested. Mr. Marier felt that if the results of the hearing would put the City in a better position of knowing where they are. Mr. Shannon pointed out that the Temporary Bonds are due and payable on December 1, 1982 and regardless of the outcome of the assessment, this issue must pay the temporary bonds on that date. Mr. Shannon suggested that the bonds be sold on Sept. 13, 1982, and would be delivered approximately Oct. 15, 1982, giving the City some time for investments. This would also give some time for negotiations on the bonds if something should occur in the bond market. Mr. Hawkins pointed out that the matter of the reassessment is also a matter of timing since this must be computed, public hearings held, mailed notices to all property owners and certified to the County by October 10, 1982. Mr. Reinert moved to adopt the Resolution prepared by Springsted, Inc. to authorize the sale of $750,000.00 Bonds. Mr. Shannon noted the provisions of the Resolution - the bids would be received by Springsted and opened at Noon on September 13, 1982 with the Clerk and Administrator present for that opening. The bids would then be tabulated and presented to the Council at the regular meeting that evening at 7:00 P.M. Mr. Reinert restated his motion. He moved to adopt the Resolution prepared by Springsted, Inc. authorizing the sale of $750,000.00 Obligation Improvement Bonds of 1982. Seconded by Mrs. Elsenpeter. Mr. Hawkins reminded the Resolution must be read in full unless the reading is waived. Mr. Reinert made this a part of his motion. Mrs. Elsenpeter accepted. The motion carried with Mr. Marier voting, No. Mr. Hawkins reminded the Council that the motion to waive the reading of the Resolution must be unanimous therefore the Resolution must be read which the Clerk proceeded to read. 226 Council Meeting August 9, 1982 Mayor Bensons called a recess at 8:35 P.M. The meeting reconvened at 8:50 P.M. PUBLIC HEARING - ORDINANCE 56W - MANUFACTURED HOUSING The Public Hearing on Ordinance 56W was called to order at 8:50 P.M. by Mayor Benson. This is the second reading of this Ordinance. Mr. Schumacher pointed out the need for this Ordinance relating to the new State Law that has been passed. Mr. Hawkins pointed out that this Ordinance not only regulates manufactured homes but applies to all residential buildings. Mr. Paul Howard of the Baldwin Mobile Home Court, felt that this could create some problems with destruction of a non - conforming home - this would prohibit the rebuilding of that home. He also felt that this Ordinance violates the State Law with some of the requirements. Mr. Hawkins pointed out that this ordinance does not bar manufactured homes from the City. The Ordinance sets the regulations for the construction in the R1 to R5 Districts - there is the R6 District that would allow all manufactured homes to be established. Mr. Howard felt that the provisions for the reconstruction of an existing non - complying home would be illegal according to the provisions of this ordinance. Mrs:: Elsenpeter moved to waive the reading of this Ordinance. Seconded by Mr. Marier. Motion carried unanimously. Mrs. Elsenpeter moved to adopt Ordinance No. 56W. Seconded by Mr. Marier. Motion carried unanimously. Mrs. Elsenpeter moved that the Council request from the Task Force that additional work be done on Ordinance #56 to allow a District for Manufactured Housing. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Benson closed the Public Hearing on Manufactured Housing at 9:03 P.M. PUBLIC HEARING - 49 SEWER ASSESSMENT Mayor Benson opened the Public Hearing on the 49 Club Sewer Project Assessments at 9:04 P.M. Mr. Schumacher reported this project has been petitioned for by the affected property owners, the projected was bonded, has been installed and accepted by the Council. This meeting is for the purpose of setting the assessments on the properties. Mr. Larry Winner reported that this assessment was based on sewer construction and sewer usage. The 49 Club was assessed at 10 units and the remaining buildings were assessed at 1 unit each. Each home or business was assessed at $3,214.29 and the 49 Club would have an assessment of $32,142.90. Mr. Hawkins asked the time period for the assessments. The Clerk replied the first payment would be in 1982 and last would be in 1991 for a period of 9 years. The interest is 1% above the net effective interest rate at 11.97 %. Mrs. Elsenpeter moved to waive the reading of Resolution 82 -15. Seconded by Mr. Kulaszewicz. Motion carried unanimously. 1 IIISPECIAL USE PERMITS - 1982 REVIEW Council Meeting August 9, 1982 227 Mrs. Elsenpeter moved to adopt Resolution #82-15. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Benson closed the Public Hearing at 9:11 P.M. ENGINEER's REPORT Mr. Davidson reported that this assessment must be certified to the County by October 10, 1982. There must be a 30 day waiting period prior to certification for prepayments or appeals. He suggested that the Public Hearing be held on September 13, 1982 - this gives the Council time to comply with all the laws. The decision on the reassessment on that date as to what will be reassessed. Mr. Davidson recommended that a Resolution be passed setting the date for the Public Hearing for September 13, 1982 and authorizing the Engineer to prepare the supplementary assessment roll. Mr. Reinert moved to set a Public Hearing on the re- assessment for September 13, 1982 and authorize the Engineer to prepare the supplemental assessment list. Seconded by Mr. Marier. Motion carried unanimously. TRANSITION OF ENGINEERING SERVICES Mr. Davidson reported that he has had a problem getting the records and documents transferred from Carley Engineering and requested some assistance from the Council. Mr. Marier asked Mr. Winner if he had any information on this matter. Mr. Winner said there has not been time to go through the materials as yet. Mr. Marier asked if this could be done in the next week or so and Mr. Winner said, Yes. Recommendation of Final Payment on the Overlay and sealcoating program. Mr. Davidson recommended final payment of this contract, noting there is an overage due to additional materials. All the materials purchased were used and the project is complete. Kolstad - Street - had requested for the installation of 1400 feet of street, has changed his mind and will only install 800 feet of the street. He is posting a Letter of Credit to cover the 800 feet. Base material is in but is not compacted as yet or tested. The Council had concerns of the costs involved with this project - is Mr. Kolstad aware that he is responsible for these costs? does he also know that he cannot build beyond the extension of the street? Mr. Hawkins felt this should be. put in a letter that Mr. Kolstad should sign. Mr. Reinert moved that a letter should be forwarded to Mr. Kolstad stating that no building permit will be issued beyond the end of the street and outlining the specifics of the regulations. Mr. Davidson asked if there should be a Developer's Agreement. Mr. Hawkins felt that this may have been a practice in the past but he felt that a short Developer's Agreement should be put together and Mr. Kolstad should sign. Motion was seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Kulaszewicz moved to table this agenda item until September 13, 1982 Council meeting. Seconded by Mr. Marier. Motion carried unanimously. 98 PUBLIC WORKS REPORT Council Meeting August 9 , 1982 Mr. Volk reported on the overlay work done, noting the costs and reporting that 1.8 miles had been done this year. He also reported that the sealcoating will be done this coming week, weather permitting. AUTHORIZATION FOR ADVERTISEMENT FOR BIDS - Mr. Volk requested permission to advertise for bids on three pieces of equipment, 1) dump truck with snow plow. Mr. Marier moved to authorize the advertisement for bids for this piece of equipment. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The second piece of equipment is a 1 ton cab and chassis, pickup with dump box and plow on the front. He was asked if this is a replacement or an addition to the fleet and Mr. Volk said this would be an addition. Mr. Marier moved to authorize the advertisement for bids for this equipment. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The third piece of equipment is mowing equipment. Mr. Volk reported on a piece of used equipment that he would prefer to purchase. However, the mowers would need to be purchased as an addition but this piece of equipment has several attachments, snow- blower, bucket loader, etc., that are a part of the price. Mr. Marier moved to authorize the advertisement for bids for this type of equipment to include a side and front mower with the stipulation that the price fit in the budget. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Propane Gas Report - Mr. Marier asked Mr. Volk the source of his information in this report and Mr. Volk said, From the records he has kept. Mr. Marier moved to table this report and put on the August 23, 1982 agenda. Seconded by Mrs. Elsenpeter. Motion carried unanimously. CLERK' s REPORT The Lino Lakes Lions Club had requested a 3.2% Beer permit for Sunday, August 22, 1982 for a picnic at Sunrise Park. This beer will be dispensed on a donation basis, not sold as such. Mrs. Elsenpeter moved to approve this permit within the guideline of the City Ordinance and State Law. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PUBLIC HEARING FOR FEDERAL REVENUE SHARING FUNDS Mrs. Elsenpeter moved to set a Public Hearing for consideration of the proposed use of Federal Revenue Sharing Funds 1982/83 at 7:30 P.M. on August 23, 1982. Seconded by Mr. Marier. Motion carried unanimously. PUBLIC HEARING - NATHE REZONE Mr. Reinert moved to set a Public Hearing for the consideration of Mr. Nathe's request to rezone property on County Road J for 8:00 P.M., August 23, 1982. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PARK BOARD REPORT Mr. Schumacher presented a report of the actions and discussion of the last Park Board meeting. There were no items that asked for Council action. OLD BUSINESS Council Meeting August 9 , 19 82 Federal Revenue Sharing Funds Audit - After some discussion on this matter, Mrs. Elsen- peter moved that Mr. Schumacher get several quotes for having this audit done. Seconded by Mr. Marier. Motion carried unanimously. Task Force Chairman - Mayor Benson said he would like to attend one of the meetings before a decision is made on this matter. Joint Law Enforcement Appointment - Mr. Kulaszewicz reported that several names had been presented to him and he would move to appoint Mr. Vernon Swanson to complete the 1982 position. Seconded by Mr. Marier. Motion carried 'unanimously. MMTC Sewer Discharge Permit - Mr. Schumacher reported that the PCA had renewed the permit despite the letter that had been written. It would appear that the City has little, if any input, in this matter. Mr. Reinert asked the Clerk to compile a mailing list of where the minutes are sent and have for the next Council meeting. There was discussion on the Loren Law statement with Mr. Reinert moving to forward to Mr. Law the $700.00 budgeted amount. There was more discussion, but no action taken. Mr. Schumacher presented a report on the Federal Census. The interviews for the personnel will be held on Monday, August 16, 1982. There will be a training session in the afternoon and the field work will begin on August 17, 1982. Mrs. Elsenpeter presented a letter in opposition to a Senate Bill now in process and requested that this be modified to relate to Lino Lakes and forwarded to our Senators. Mrs. Elsenpeter so moved. Seconded by Mr. Marier. Motion carried unanimously. Mr. Marier moved to adjourn at 10:35 P.M. Seconded by Mr. Kulasewicz. Aye. dna L. Sarner,` Clerk - Treasurer Council Meeting August 23, 1982 The regular meeting of the Lino Lakes City Council was called to order at 7:07 P.M., August 23, 1982 by Acting Mayor Reinert with Council members Elsenpeter, Kulaszewicz and Marier present. Absent; Mayor Benson. Mr. Schumacher, Mr. Hawkins, Mr. Davidson, Mr. Volk, Mr. Kluegel and Mrs. Sarner were also present. MINUTES - AUGUST 9, 1982 IMr. Marier moved to approve the minutes of August 9, 1982 as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously.