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HomeMy WebLinkAbout07/11/1983 Council Minutes67 July 11, 1983 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., July 11, 1983 by Acting Mayor Marier, due to the absence of Mayor Benson. All other Council members were present. Also present, Mr. Schumacher, Mr. Hawkins, Mr. Davidson, Mr. Kluegel, Mrs. Sarner was absent. MINUTES - JUNE 27, 1983 Mr. Reinert moved to approve the minutes as presneted. Seconded by Mr. Kulaszewicz. Motion carried unanimously. DISBURSEMTNTS - July 11, 1983 Mr. Kulaszewicz moved to approve the disbursemtns as presnted. Seconded by Mr. Reinert. Mr. Marier questioned the office supplies charged to the Police Dept. - Mr. Schumacher explained. He also questioned the check to Mid State Radiator Repair and suggested this be withheld until the expenditure is explained. Mr. Reinert withdrew his second. Mr. Kulaszewicz withdrew his motion. Mr. Kulaszewicz moved to approve the disbursements, holding the check to Mid State Radiator Repair for clarification. Seconded by Mr. Reinert. Motion carried unanimously. OPEN MIKE Mrs. Morehouse appeared before the Council and stated that they plan to plat their lands under the Old Oredinance. She told the Council they plan to present a sketch of the proposed plat to the Planning and Zoning at their next meeting. Nrs, Morehouse asked, if this is presented to the Planning and Zoning Board under the old Ordinance, will they have time to complete? Mr. Hawkins said she must ahve preliminary plat approval before the effective date of the Ordinance. Mr. Reinert suggested that Mrs. Morehouse work with Mr. Kluegel. He can set a time schedule for her and then she can make the decision as to whether she wishes to continue or not. Mr. Reinert so moved. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mrs. Morehouse felt that the Council is not agreeing with what Mr. Kluegel had told her Engineer. OPEN FORUM TO DISCUSS PARKING TRUCKS IN RESIDENTAIL AREAS Mr. Marier asked that the residents make their comments short and to the point. Mr. Robert Cordell - lives on the North end of Lake Drive - has parked trucks at that location for about 3 years and has had no problems. He stated that the surrounding communuties either do not have such restrictive ordinance or they do not enforce the ones on the books. July 11, 1983 David Bruder - 874 Maple Lane - stated that he had convassed the neighbors and they have no objections to the parking of the semi's in that area. Mike Holmes - 7769 Country Lane - has two brotheres hwo did park at their Father's home until they found out about the Ordinance. He felt that for owner /operator not to be able to park where the unites can be watched, they risk vandalism. Me suggested issuing a permit for the parking of these units. There was a suggestion that the ordinance not be enforced unless the neighbors complain. Mr. Marier noted that the future must be considered. not just now. Mr. Reinert suggested that Mr. Schumacher survey other communities as to what their regulations are. Mr. Kluegel reported that he had done this and named the communities he had contacted and reported their rules are comparable. Mr. Kulaszewicz suggested doing a feasibility study on this problem. Mr. Kulaszewicz so moved. Seconded by Mrs. Elsenpeter. Mrs. Elsenpeter asked that anyone who was unable to attend this meeting, be able to include their input in the form of a letter. This was in- cluded in the motion. Motion carried unanimously. PUBLIC HEARING - REZONING - RICE LAKE ESTATES Mr. Marier called the Public Hearing to order at 7:40 P.M. noting this is an application to rezone the lands to R -7 and NB. Mr. Kluegel presented the location of the property, the size of the parcel and noted this is for the construction of single family manu- factured homes with a small area for neighborhood business. He also reported that this zoning is compatible with the Comprehensive Plan and the NB is compatible with the R7 zoning. Mr. Short had reviewed this and these are his comments. Mr. Marier asked if anyone from the audience had any comments and one gentleman asked what manufactured housing was and Mr. Kluegel explained. Mr. Reinert asked how many units are to be placed in this area and Mr. Kluegel said, 103. Mr. Ross aksed the value of these homes? adequate parking? The approximate value is $40,000/50,000 and there is parking provided on each lot. Mr. Kulaszewicz had a concern with parking on the righ -of -way - he wondered if this would not be a problem in this area. Mr. Reinert pointed out this Council is considering a rezone, not a plat, this will be an area that will be considered at the Planning and Zoning hearing. Mr. Ross asked how many driveways will be exiting from that Project? Mr. Davidson explained there will be no driveways exiting onto Hodgson Road. 1 1 1 1 69 July 11, 1983 Mr. Marier asked about Lot 8, it is only 74.8 feet - felt this should be checked. Mr. Reinert asked Mr. Short's position on this rezoning. Mr. Kluegel reported that Mr.Short had reported it is consistent with the Comp Plan, and is a down zoning from the proposed usage. Mr. Ross asked about the sewer and water for this project and Mr. Davidson reported he has received this and there are several alternatives. He reported his recommendation is to have the sewer line broght to the West boundary of the City and this project will be connected to that line and a separate water system for that part of the City. There is also both utilities in Circle Pines but he felt this would less desirable. Mr. Reinert aksed Mr. Hawkins if it was possible to put a revision on this rezone if this priject does not proceed. Mr. Hawkins felt this is a possibility. Mr. Hawkins pointed out that there is not a R7 zoning in the City until the new Zoning Ordinance becomes effective. Mr. Reinert moved to close the public hearing. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Reinert moved to approve this rezonig with the stipulation that this zoning is effective August 11, 1983 and contingent upon the adoption of the new zoning ordinance, further that this zoning be contingent upon a written agreement by the owner that this pronect will be completed as propsoed within a period of time to be determined by the Council or the land will revert to the zoning propsoed on the Zoning District Map as R3. Mr. Reinert noted the reasons for this approval in that this is consistent with the Comp Plan and the Zoning Map. Seconded by Mr. Kulaszewicz. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened. REMOVAL OF HAZARDOUS BUILDINGS Mr. Kluegel explained that the building located across from the Village Plumbery are haszardous and should be removed. These buildings are owned by Mr. Menkveld and constitute a fire hazardous and a threat to public safety. There are no occupants and are not secure. Mr. Hawkins reported that he had sent the sample forms out and recommended that the specific reasons be noted for the removal of the buildings. Mr. Reinert moved to table this item and put on the July 2, 1983 agenda. Mr. Hawkins noted that this is a matter that is handles by District Court and there is a specific procedure. The motion was seconded by Mr. Kulaszewicz. Motion carried unanimously. ENGINEER's REPORT Mr. Davidson presented the plans ans specifications for the installation of the Baldwin Lake Sewer noting that they are the same as the plans that were presented at the Public Hearing. 70 July 11, 1983 Mr. Davidson recommended these plans ans specifications be accepted by Resolution and set the date for opening bids for August 5, 1983, at 10:30 A.M. Mrs. Elsenpeter moved to approve the Engineer's recommendations. Seconded by Mr. Kulaszewica. Motion carried unanimously. Joint Powers Agreement - Water Management - Mr. Davidson reported that he had reviewed this document as propsoed by the Water Management Board. He commented on page 5, paragraph F - change 'mending' to 'amending'; second to the last paragraph, 'review as required by the Act' felt this should be more specific; last paragraph - put a period after 'plan' in first sentence in order to clarify the sentences. There are several policy questions that he and some questions concering the way in which these regulations were written. Mr. Marier suggested this Council not take any actions on this document but incorporate the Engineer's recommendations. Mr. Reinert reported that he and attended a meeting today and this is still in the draft form and is open to input. Mr. Davidson also questioned the duration of time - 12 years - he felt this is too long a time. There is also a restrictions on the withdrawal process that he felt was too restrictive. Mr. Reinert moved to instruct Mr. Davidson to rewrite those portions of the document that he had quesions about with the approval of the City Attorney and present for Council consideration. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Reinert reported the City has been requested to approve the boundary of this Water Management District. Mr. Schumacher presented a map showing the area in Lino Lakes that is affected by this Board. Mr. Reinert moved that the Council approve the boundary as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Schumacher was directed to put together a report to include the assessed valuation and the population of the area. Mr. Reinert reported,)on the possibility of lowering the costs to the City in that this area may be used as a model - there's a possibility of obtaining $10,000.00 to assist and the Board is asking for general consensus of this Council to move in that direction. The Council gave their consent to this plan. LETTER OF CREDIT - LOIS LANE Mr. Davidson reported that‘a request from Mr. Videen to phase this project - putting in ohly that part of the street from the beginning of the plat, East of Lake Drive to Knoll Drive - this would include all of the storm sewer, but only that portion for the street. Mr. Davidson had revised the figures for. the Letter of Credit to $121,100.00 plus $1000.00 in escrow. The escrow amount to be in cash and not a part of the letter of credit. Mr. Hawkins noted, that since City roadways will be used, the contractor 1 1 71 July 11, 1983 should provide a Certificate of Insurance with the City as a named insured on the Certificate. Mr. Davidson said he would investigate this matter and report back to the Council. ATTORNEY's REPORT Zoning Ordinance Enforcement - There had been a question on Initiative and Referendum on the Zoning Ordinance - would this be applicable to the zoning ordinance just passed - Mr. Hawkins felt that the provisions in the Charter would apply to this Ordinance. He also felt that a petition on the conduct of individuals would be proper. He felt that a petition on an individual piece of property was in question. Ordinance - Change of Street Name - This ordinance affects the name of 22nd Avenue, County Road 84 to be changed to Otter Lake Road. Mrs. Elsenpeter moved to waive the reading of this Ordinance and to adopt the Ordinance as presented. Seconded by Mr. Reinert. Motion carried unanimously. Insurance for Contractor - Mr. Davidson reported that the Contractor is required to carry Liability Insurance in the amount of $100,00/300,00 and 25,000/50,000 property damage. Mr. Hawkins felt that the City should listed in this insurance. Mrs. Elsenpeter moved to authorize the Letter of Credit for Lakeview Woodlands in the amount of $121,100 with the City being named on the Certificate of Insurance and $1000.00 cash be submitted to the City to be held in escrow. Seconded by Mr. Reinert. Mrs. Elsenpeter asked if a time frame should be included in the motion? The general consensus was this could be handled at a later date. The Motion carried unanimously. LETTER OF CREDIT - GAS FRANCHISE Mr. Schumacher reported on the report of the Auditor in conjunction with the Circle Pines Gas Franchise. The basic question was whether this should be audited as part of the Lino Lakes' audit. There was discussion on the retained earnings ratio - the Council had some questions on the differences. Since the Franchise expires in two years, the Council felt it is improtant to investigate this matter now. Mr. Schumacher recommended that the Lino Lakes Auditor take a look at the Circle Pines audit and make recommendations for adjustments in that audit. Mr. Marier asked that an approximate cost be obtained. Mrs. Elsenpeter moved to instruct Mr. Schumacher to obtain a cost figure for this work and report back to the Council. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ORDINANCE AMENDING PARK ORDINANCE - 2nd READING 72 Jdly 11, 1983 This Ordinance regulates the parking usage of the City Parks and Mr. Schumacher read the Ordinance. Mr. Kulaszewicz moved to adopt Ordinance #83 -04. Seconded by Mr. Reinert. Motion carried unanimously. ORDINANCE ESTABLISHING SET -UP LICENSE - 2nd READING Mr. Kulaszewicz moved to waive the reading of Ordinance #83 -04, amending the City Code to provide for the issuance of temporary set -up license and to adopt such ordinance. Seconded by Mrs. Elsenpeter. Motion carried unanimously. OLD BUSINESS Legislative update - Mr. Quinn will attend the August 8, 1983 Council meeting to bring the Council up to date on actions taken by the past legislature. Mr. Dahl is out of State for two months and will be contacted when he returns. Use of SBA as an investment firm. Mr. Schumacher reported that the auditor said they do not support any investment firm - that is the prerogative of the Council. Mr. Reinert asked the advantages - Mr. Schumacher said the returns are 2/245% above any other type of investment. This matter will be discussed with the Ways & Means Committee in conjunction with the Cable Commission. NEW BUSINESS Soft Ball Tournament - Mr. Diggins - This is a request for a 3.2% Beer permit for the soft ball tournament - the Ordiannce only allows permits to be issued to non - profit organizations. Such permits have been issued in the past. Mrs. Elsenpeter moved to deny this request for a beer permit for a soft ball tournament because it does not meet the guidelines of the Ordinance. Seconded by Mr. Reinert. Motion carried unanimously. Mrs. Elsenpeter asked the City Attorney to check the provisions in the City Code and clear this question. Mr. Hawkins suggested this matter be tabled until the City Code has been published. Mr. Kulaszewicz presented a letter for Council consideration. Mr. Schumacher reported that he had forwarded the Cable TV Franchse to Mr. Hawkins for his report. A petition for a speed study to be done on West Shadow Lake Drive due to the golf course traffic had been received. Mr. Reinert moved that a Resolution requesting the State to do this speed study be prepared and forwarded to the State. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Kulaszewicz requested Mr. Schumacher to send a letter to the State July 11, 1983 requesting that the population figures on the entrance signs to the City be changed to reflect the current population. Mr. Schumacher noted that Chief Myhre had talked to Mrs. Munoz and the Council has a copy of that report. Mr. Kulaszewicz moved to adjourn. Seconded by Mr. Reinert. Motion carried unanimously. These minutes were considered and approved as presented at a regular Council meeting held on July 25, 1983. Edna L. Sarner, City Clerk Benja'in Benson, Mayor July 25, 1983 73 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., July 25, 1983 by Mayor Benson with all members present. Mr. John Burke, sutstituted for Mr. Hawkins, Mr. Davidson, Mr. Kluegel, Mr. Schumacher and Mrs. Sarner were also present. MINUTES - JULY 11, 1983 Mr. Marier moved to approve the minutes as presented. Seconded by Mr. Kulaszewicz. Motion carried with Mayor Benson abstaining. DISBURSEMENTS - JULY 25, 1983 Mr. Reinert moved to approve the disbursements as presented. Seconded by Mr. Marier. Mr. Marier had questions which were answered by Mr. Schumacher. The motion carried unanimously. OPEN MIKE Mr. Mike Mastro of 1553 LaMotte Road appeard before the Council to pre- sent a petition against the use of the Outlot on LaMotter Road as pro- posed by the residents who live off the lake. He cited his reasons for his objections and presented a signed petition to the Mayor. He also requested that a position statement as to the use of that Outlot be made by this Council. He noted that this matter has been before the Council many time with no solution.