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HomeMy WebLinkAbout08/23/1982 Council MinutesCouncil Meeting August 9 , 19 82 22 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 iiby 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. Sarver, Clerk- Treasurer ,ice,/ Benj. n G. :ens or 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. Zit Council Meeting August 23, 1982 DISBURSEMENTS ^ AUGUST 23, 1982 Mr. Marier has- a question on the Check to T.A. Schifsky - felt this had been paid - Mr. Volk said this is for patching; Bryan Rock for $1,053.48. A limit of $1,000.00 - over that must have Council approval. Mr. Schumacher reported that this rock is taken from Dedicated Park Funds and is for parking lots at the Parks. Mr. Kulaszewicz moved to approve the disbursements as listed. Seconded by Mr. Marier. Motion carried unanimously. Mr. Reinert noted there is an added agenda item. Mr. Davidson had several items he asked to discuss with the Council. Mr. Davidson said these are policy questions and deal with the typical street standards in the area of the boulevard slope. In order to maintain the proper slope in some area, it becomes necessary to go onto private property in order to maintain that slope. Mr. Davidson suggested, that in some cases this could be modified in order to stay within the right -of -way. Mr. Davidson also questioned the need for a full nine inches of class 5 in all cases. He felt that the standard could be changed to tie the R Factor regardless of the number of inches of Class 5 needed. Mr. Davidson asked the Council to consider, specifically in the Sherwood Green area where it will be necessary to remove some large Pine trees, that they be allowed to go to an eight foot minimum boulevard and work around those large trees and 2) design of the street to use the R factor rather than the nine inches of Class 5. Mr. Marier asked Mr. Hawkins if the Council can initiate this variance, shouldn't the developer apply for this variance? Mr. Kulaszewicz agreed but asked, if there was a time element and Mr. Davidson said they are in the process of doing the grading - that is why he is here this evening. Mr. Marier felt this matter should go through the normal variance procedure. Mrs. Elsenpeter felt that if the City Engineer sees something that could be done in a better way and makes a recommendation to the Council, then it should be heeded. The general consensus of the Council was that in order to maintain an orderly continuity of events, these matters should go through the variance process. Mr. Davidson also reported on the application of North Central for the installation of gas lines in MarDon acres - he asked permission to approve this installation, if it conforms to the adopted regulations. Mr. Schumacher noted that in the adoption of the rules and in the adoption of the use of the new forms, the applications would be reviewed and approved by the Engineer. This is the same procedure as the Building Inspector administering the Building Code. This was generally accepted by the Council. Mr. Davidson reported on the receipt of a copy of an application for the removal of bogs in a lake - this operation will be reviewed by four other agencies and Mr. Davidson wondered if the City would be involved. How should he handle matters such as this? Mr. Schumacher felt that matters in the area of the wetlands has in the past been deferred to the Rice Creek Watershed Board. It was suggested that Mr. Davidson contact the various agencies for their position on this and if they have any concerns, then he could report back to the Council. Council Meeting August 23, 1982 PUBLIC HEARING - FEDERAL REVENUE SHARING USE 231 Mr. Reinert called this hearing to order at 7:40 P.M. This hearing is for the purpose of taking public input as to suggested uses for the anticipated Federal Revenue Sharing monies to be received in the amount of $29,455.00. Mr. Reinert asked for comments from anyone present and there were none. The Public Hearing was closed at 7:45 P.M. OPEN MIKE Mr. McAllister had asked to appear before the Council in reference to a letter received concerned with the opening of Maudie's. Mr. McAllister said the letter was written on Aug. 13 and the writer was a Mr. Wieble who has never been in the place to his knowledge. He said the parking did overflow and they have consulted the police officers as to how to handle this matter. He pointed out that this is not a reincarnation of Rocky's. He felt that there are no facts in this letter. Mr. Marier said he had been in the establishment on Saturday and read the sign pointing out the rules and regulations. He reported that the crowd was orderly, the place is clean and he felt there were no problems there. Mr. Ross, from the audience, said he and his wife were there on opening night and were well pleased with the operation. He pointed out a few things that are not III completed but he felt that this operation should be given a chance and this should be an asset to the community. Mr. Duwayne Turner, of Jeanne Drive, presented his problems with Jack Menkveld in getting the gas in the project. He asked the Council for help in getting this service in their project. Mrs. Elsenpeter pointed out that the City has control over the streets, but they have no control over the installation of other services. This is the responsibility of the developer and the City does not get involved in this type of installation. Mr. Hawkins felt the only thing the City could do is to send a letter to the developer and North Central on this subject. Mr. Marier moved to send a letter to North Central and Mr. Menkveld urging these people to get these services in as soon as possible. Seconded by Mr. Kulaszewicz. Motion carried unanimously. (This letter to include the name of persons involved - Mr. Turner - Mr. St. Clair) Mr. Ross asked if they had contacted the office of Consumers Protection of the State of Minnesota and Mr. Turner said, No. Mr. Ross suggested they contact that office for some assistance. ORDINANCE #88 - FLOOD PLAIN ORDINANCE - SECOND READING Mrs. Elsenpeter moved to waive the reading of this Ordinance. Seconded by Mr. Marier. Motion carried unanimously. Mrs. Elsenpeter moved to adopt Ordinance #88. Seconded by Mr. Marier. Motion carried unanimous ly 232 Council Meeting August 23, 1982 Mr. Schumacher noted that a summary was in the packet and requested that this summary be approved for publication. Mr. Marier moved to publish the summary as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Hawkins suggested adding "that a complete copy of the ordinance is available in the City office for inspections ". There was agreement on this addition. CLOSING OF A PORTION OF EAST SHADOW LAKE DRIVE THROUGH THE OUTLOT Mr. Marier moved to table this item until the September 13, 1982 agenda. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. PUBLIC HEARING - NATHE REZONE - R3 The public hearing on this rezoning request was called to order at 8:00 P.M. Mr. Reinert asked if anyone was present who wished to speak on this rezone. Mr. Kluegel reported that the Planning and Zoning Board has recommended this be approved for the rezoning to R3. Mr. Schumacher reported that one of the major concerns of the Planning and Zoning was the parking, but they had recommended that the front portion of this lot not be used for parking for the 49 Club. Mr. Stephen Adams, lives adjacent to this property. His concern was "who's gonna live in this place ?" if young couples with children, the front yard would be a parking lot - older people - too noisy. Mr. Kulaszewicz pointed out that this Council has no jurisdictions as to who this property is rented to - this is the prerogative of the owner and the prospective residents. There was discussion of the screening but since the Planning and Zoning had disallowed the parking, there will be no screening and no parking in that area. Mr. Wes Jensen, who lives north of the 49 Club, felt the house was too small for a single home, how could it be converted to a four plex? He also agreed that there is a need for parking at the 49 Club. Mr. Marier asked what was the size of the apartments and the dimensions were discussed. Mr. Kluegel noted that the outside dimensions meet the City's building code. Mr. Gene Bloomquist, who lives just West of the 49 Club, when he bought there, the 49 Club was there - he bought into the noise - that was his problem. He pointed out there is a 100 foot easement between Mr. Adams and the building and Mr. Jensen has almost 40 acres between him and this location. Jan Kutzner, owner of the J &K Liquor and the game room, said she would like to see this finished and she would prefer to see the parking allowed. The patrons of the 49 Club use the parking in front of her businesses and she spends alot of time getting those cars moved so she has parking for her customers. Mrs. Elsenpeter said she did not understand the reasoning behind the Planning and Zoning Board's deleting the parking lot - this is the basic problem. Mr. Adams asked about the issuance of a building permit for the foundation of this building - that would have to be for a four -plex - who approved this? Mr. Schumacher explained that only one permit has been issued and that is for the Moving of the house. The construction on the home was red - tagged when the plans to remodel to a four -plex were discovered. 1 Council Meeting August 23, 1982 Mrs. Linda Adams, said the construction on that house has not stopped until the last few weeks. Public Testimony was closed at 8:05 P.M. Mr. Reinert asked Mr. Kluegel why the Planning and Zoning changed the parking? He said they were concerned about children in the unit. Mr. Reinert pointed out that the parking is separate from the parking for the 49 Club. He felt the parking plan was a pretty good plan noting the screening and provides a noise buffer. Mr. Reinert felt, that unless this area is completely blocked from County Road J, there will be parking in this area, no matter what. Mr. Schumacher pointed out the concern of reducing the front footage on the street. The lot only has 54 foot frontage - if the parking lot is allowed, this reduces the width of the driveway. Mr. Reinert felt this area would be used for parking regardless and if there are people living in the building, it would create alot more confusion than the controlled parking as it has been proposed. Mr. Marier asked Mr. Kluegel the width of the stairwells, he is computing the square footage. Mr. Kluegel said there is 834 square feet in the building which conforms to the City's requirements. The stairwells are approximately 3 feet - Mr. Marier asked, how many entrances? There are two. Mr. Reinert asked if this could be sent back to Planning and Zoning and ask them to deal with this parking? Mr. Schumacher noted that the Chief of Police has endorsed this parking lot in that it would take the cars off the street. Mr. Marier moved to send this back to the Planning and Zoning Board with the Council's concerns in relationship to the Parking. Seconded by Mr. Kulaszewicz. Mr. Schumacher asked if this meant the parking should be restricted? Mr. Marier said this should be reviewed again and if they agree there should be parking, then it should be restricted - it must be controlled somehow. Mr. Reinert pointed out, that if there is to be no parking in that area, how is that to be controlled? Motion carried unanimously. A recess was called at 8:45 P.M. The meeting reconvened at 8:55 P.M. BUDGET MEETING Mr. Marier moved to set a special budget meeting for Thursday, September 9, 1982 at 7:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ATTORNEY's REPORT Mr. Hawkins had no report. However, Mr. Schumacher said he would ask for a closed conference after this meeting to bring the Council up to date on pending litigation. Mr. Marier thanked Mr. Hawkins for his advice and assistance to the Council up to this _") J ]C Council Meeting August 23, 1982 point. He felt that Mr. Hawkins had done a good job of keeping the Council on the right track. REPORT ON BIDS - D. VOLK - FOR A TRACTOR Mr. Volk reported that bids had been opened at 1:00 P.M. this date. Mr. Marier asked about the used mower that had been discussed at the last Council meeting and Mr. Volk said it had been sold. He received bids on three separate units. 1) Carlson Tractor & Equipment, a new tractor for $12,919.00 - quote an mowers $21,656.00 total price; 2) International Harvester - 1979 tractor with 300 hours (never been sold) $11,895.00 with same mowers - at $22,250; 3) Long Lake Ford Tractor - used 1977 Ford tractor - no hours available - this one has a cab - $20,338.00. Mr. Marier, Carlson's - is that a new mower? Yes. there are piece parts for it? Yes. there is a warranty? Just on the new one, the others do not. Haw many hours to save in cutting time? approximately 200 hours at the present rate of mowing. Not enough money to purchase both mowers, right? No, Mr. Volk suggested buying the tractor and the rear mount mower and then purchase the side mount as money is available. Mr. Marier moved to purchase the Carlson tractor at $12,919 and the rear mounted mower for $2,113.00 for a total of $15,034. Seconded by Mr. Kulaszewicz. Motion carried unanimously. FEDERAL REVENUE SHARING FUND AUDIT Mr. Schumacher reported that the Anfinson Hendricksen estimate for this had been between $400.00 to $500.00. He had been requested to get quotes from other auditing firms and had received quotes ranging from $500.00 to $960.00. Mr. Schumacher recommended that the quote from Anfinson Hendricksen be accepted. Mr. Marier moved to ward the bid to Anfinson Hendricksen. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OLD BUSINESS Mr. Reinert said he was not convinced that is livable. Mr. Reinert requested that Mr. bring back a report to the Council. There said from the street, it appears there are 1 1 the house on Birch Street, Mr. DuFour's, Kluegel inspect that house again and is plastic over some windows. Mrs. Elsenpeter no walls in the house. Mr. Marier asked that the house on Lake Drive, just North of Rehbein's Warehouse, be reinspected and a report on that be presented. NEW BUSINESS The Department of Health's recommendations on the City's water system. Mr. Marier felt that the cost of fulfilling these recommendations should be available. Mr. Marier recommended that Mr. Volk put an estimated cost figure on these recommendations. Mrs. Elsenpeter moved to adjourn at 9:10 P.M. Seconded by Mr. Marier. Aye. L. Sarner, Clerk - Treasurer Closed Council Meeting August 23, 1982 A closed Council meeting was held on August 23, 1982 at 9:15 P.M. in the City Administrator's office for the purpose of updating the Council on the matter of the Wilson suit against the City. I Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Minnesota, was duly held in the City Hall in the City of Lino Lakes on Monday, September 13, 1982, commencing at 7:00 o'clock p.m., C.T. 235 Mr. Schumacher read a letter received from Mr. Lando' Locher, Attorney in this matter, informing the Council of an offer made to Mr. Wilson for the settlement of this matter out of Court and setting forth the amount in percentage for which each agency involved would be liable. Mr. William Dorn had offered Mr. Wilson the sum of $5,000.00 with the stipulation that he remove all personal property and deed the property to the City of Lino Lakes and Mr. Wilson had turned the offer down. There is to be a pre -trial hearing on August 30, 1982 at 9:30 A.M. where the offer as suggested in Mr. Locher's letter will be presented. Mr. Marier suggested that Mr. Locher be instructed to offer Mr. Wilson a total of $7,500.00 with $10,000.00 to be the maximum offer, this to include the stipulation that the City has the option to buy the property. The general consensus of the Council was to negotiate a settlement as suggested. Meeting adjourned at 9:25 P.M. Council Meeting September 13, 1982 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson on September 13, 1982 at 7:11 P.M., with all members present. Mr. Hawkins, Mr. Davidson, Mr. Volk, Chief Myhre, Mr. Kluegel, Mr. Schumacher and Mrs. Sarner were also present. MINUTES - AUGUST 23, 1982 Mr. Kulaszewicz moved to approve the minutes as presented. Seconded by Mr. Marier. Motion carried unanimously. DISBURSEMENTS - AUGUST 31, 1982 /SEPTEMBER 13, 1982 Mr. Marier moved to approve the disbursements of August 31, 1982 and September 13, 1982. Seconded by Mr. Kulaszewicz. There were several questions which were answered. Motion carried unanimously. GENERAL OBLIGATION BONDS - 1982 Mr. Luther Feljsted, of Springsted, Inc., presented the bids for the sale of $750,000.00 GO Bonds reporting that five bids had been received. He listed those bids as follows: EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES COUNTY OF ANOKA, MINNESOTA