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HomeMy WebLinkAbout10/24/1983 Council Minutes118 Council Meeting October 11, 1983 These minutes were considered and approved at a regular Council meeting held on October 24, 1983. Edna L. Sarner, Clerk- Treasurer AMMk �J enjaminNilagrrW , ayor Council Meeting October 24, 1983 The regular meeting of the Lino Lakes C ity Council was called to order October 24, 1983 at 7:00 P.M., by Mayor Benson with all members present with the exception of Mr. Kulaszewicz. Mr. Hawkins, Mr. Schumacher, Mrs. Kluegel and Mrs. Sarner were also present. MINUTES - OCTOBER 7, 1983 Mr. Reinert moved to approve the minutes as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. MINUTES - OCTOBER 11, 1983 Mr. Marier moved to approve the minutes as presented. Seconded by Mr. Reinert. Mr. Reinert requested the calirfication of the owner mentioned in the race track proposal. This should read "G &W Rehbein". Motion carried with Mrs. Elsenpeter abstaining. DISBURSEMENTS - OCTOBER 24, 1983 Mr. Reinert moved to approve the disbursements as presented. Seconded by Mr. Marier. Mrs. Elsenpeter questioned the Burke and Hawkins state- ment - the $520.00 in regards to the Rehbein suit - she thought this was to be paid by the insurance company. Mr. Hawkins said they are still involved in the injuctive action and attending the depositions. Mayor Benson asked if the Workers' Comp is paid on an annual basis and Mr. Schumacher said, Yes. Motion carried unanimously. OPEN MIKE Mr. Weldon Hendrickson, 7849 Main S treet, had received a warning for a sign he has along the Freeway on a semi-trailer, advertising his horse ranch. Mayor Benson asked Mr. Kluegel to explain and Mr. Kluegel noted this is a business sign in a rural area, is over 50 square feet, has no premit and is in violation of the sign ordinance. Mayor Benson asked why Mr. hendrickson had not come before the P &Z before putting up this sign and he said he felt this si a protable sign, and if he had a horse trailer with his signs painted on the outside 1 1 Council Meeting [� October 24, 1983 119 he could park it and not be in violation. Mr. Reinert felt there is a procedure to be followed and he suggested this be presented to the Planning and Zoning Board and their recommendation will be forwarded to the Council. Mr. Marier moved to have Mr. Hendrickson go to P &Z, ask them what their criteria would be, state his case as far as what the sign is, a portable situation and will only be there for a certain length of time. Seconded by Mr. Reinert. Mr. Hendircksen asked if the sign could remain until this is settled and Mr. Marier said, Yes. Call him if he needed any assistance. Motion carried unanimously. Mrs. Henning appeared before the Council requesting street lights on 81st Street W. A petition had been presented to the City dated Sept. 1, 1983 and nothing had been done. She wondered what is being done about the requesat. She said they had also requested street signs. Mr. Marier said he had investigated this and there is a petition on file but the file folder was unavailable for this meeting. HE also noted there are several other petitions on file. Mr. Marier said this would be on the agenda for the next meeting and he will get back to her on the outcome of that meeting. Mr. Reinert felt that Mr. Volk should have some recommendations on this matter. Mayor Benson also noted that some funds had been cut during the budget process and she should contact Mr. Volk on this also. Mr. Reinert suggested that Mr. Volk look at these reqeusts and make a recommendation for the Council's consideration. Mrs. Elsenpeter suggested the Police check this area late at night for the problem of cars parking on that street. DON MOSER. REPRESENTATIVE OF SEN. BOSCHWITZ Mr. Moser noted that he has been visiting with City Council in the Metro area asking for comments and questions in relationship to Federal programs and Federal policies. On the subject of Federal Revenue Sharing Funds, the SEnate and House have both passed bills on this - however, they are different. The Senate extended the bill with no additional revenues; the House extended the funding with an increase of 450 Million dollars a year. There has been a conference committe appointed to work out these differences. Senator Boschwitz feels this committee will split the difference. There is also the possibility of a presidential veto if there is an increase. Mr. Moser felt the continuation of the funding is assured for an additional three years but at what level is yet to be determined. Mrs. Elsenpeter asked about the Cable TV bill. Mr. Moser daid the Senate passed the S.66 - the Senator voted against the bill - felt that control should remain at the local level. Mayor Benson pointed out the increase in the cost of providing services 120 Council Meeting October 24, 1983 to the residents of small cities and suggested that perhaps there should be some discussion on the Federal level for assistance to small cities in this area. Perhaps for the conducting of studies needed for decisions to made in these areas. Mr. Reinert asked about dedicated grants going to small communities in the area of water and sewer systems. Mr. Reinert pointed out at one time this was a very popular program and did a lot of good and wondered why this has not been continued. Mr. Reinert felt the Senators and Representatives of the rural states, such as Minnesota, should be pushing for the return of this type of program. Mr. Schumacher asked if Mr. Moser had any information on the Federal Revenue Sharing formula - has it changed? is is being greared toward the states with the higher unemployment? Mr. Moser said he understood in both bills, the suggested changes in the formula did not pass. MR. Marier asked - don't expect any? or will there not be any? Mr. Moser said the Conference Committee could make some changes but since the propsoed changes did not pass in either version, he flet there would not be any changes. Mr. SChumacher asked about the designation of Anoka County for Community Development Block Grant Funds for 1984. Mr. Moser said the SEnator has been working on this, however, his is not certain of the status of this, but will check with the Washington office and will get back to Mr. Schumacher on this matter. JOANNE GALLAHER. - RACE TRACK PROPOSAL Ms. Gallaher presented a series of maps showing various aspects of the proposed race track. These maps will be presented toteh Metro Council in their packets. The Council had some questions on several of the areas which were dis- cussed. Mayor Benson asked if Centerville had been consulted and it was noted that the Mayor of Centerville is in the audience. The Mayor declined to make any sort of statement on this until he has more time to study the proposal. He also noted that he had not had time to dis- cuss this matter with any of the residents of Centerville. Some of the zoning changes and the requirements of MEtro Council was discussed. Basically, most of these decisions will need to be taken care of after the selection of the site had been done. A recess was called at this point in the meeting. The meeting reconvened. PUBLIC HEARING - REILING ROAD Mayor Benson called the public hearing on Reiling Road to order at 8:30 P.M. Mr. Schumacher noted the public hearing was originally held in August. Due to the requirements of the City Charter, a sixty day waiting period id required for any comments to be made. The City has not received any as of this date. All Council members have a copy of the mimutes of the original meeting with the estimated cost of $26,760.00 to be financed and bonded by the City and assessed against the affected property owners. The next step is authorization from the Council for the pre paration of plans Council Meeting October 24, 1983 121 specifications for the completion of the project. Mr. Reinert moved to close the Public Hearing at 8:35 P.M. Seconded by Mr. Marier. Motion carried unanimously. Mr. Reinert moved to authorize the preparation of the plans and specifications. Seconded by Mr. Marier. Motion carried unanimously. ECONOMIC DEVELOPMENT COMMITTEE STATUS REPORT Mr. Harvey Karth, Chairman of the Committee, presented the areport for the committee. He noted they are working with a medical clinic for the possible relocation in Lino Lakes. He r eported that most firms contacted for possible relocation in this area, request a market study. This has never been done for the City. Mr. Karth presented two bids for the com- pletion of this work. He requested the funds from the Council to have this market study done. Mayor Besnon asked if the census done several years ago would assist in this study and Mr. karth said it would be used but other information is also needed. There was discussion on the bids presented and Mayor Benson asked if the City would not require a proposal with a firm dollar cost figure and Mr. Schumacher felt this was true. Mr. Reinert suggested a brochure of some sort that could be handed out to prospective firms. MR. Schumacher reported tht he has Jack Ferguson working os such a project at the present time. Mr. Reinert moved to authorize Barton /Aschman to submit a more definite proposal as to the dollar cost and the scope of the work that will done. Seconded by Mr. Marier. Motion carried unanimously. Mr. Karth also reported on the requeist from the Anoka County Library for a location for a branch library. Mr. Young felt that tthe immediate branch would stay in the Enctennial area, however, he is also looking for a spot for a new branch library soemwhere in the Lino Lakes /Centerville area and is particularly interested in the Lake Drive /Main Street corner. This is in the future, probably around 1990. PUBLIC HEARING - WOLTERS CONDITIONAL USE PERMIT Mayor Benson opened this public hearing at 8:48 P.M. Mr. Kluegel pre- sented the request noting this is for the construction of a 40x64 storage building at the present location of his business. There is also a request for a variance to the side yard setback. The Planning and Zoning Boar had recommended approval of this request with the stipulations that Mr. Short's letter of recommendations be adhered to and the driveway and parking lot be eiether asphalt, cement it a water sealed surface approved by the Cit Engineer. The temporary sign to be replaced with a permanent sign. There is to be a fence on the E ast and South sides of the lot. Mr. Kluegel went through the various recommendations as submitted by Mr. Short. Mr. Marier asked Mr. Wolters if he had any problems with any of these requirements and Mr. Wolters said, No. 122 Council Meeting October 24, 1983 Mr. Reinert questioned the fence with the plastic inserts - he felt that after a while these ten to look ragged. Mr. Wolters said the new inserts are sealed at the top and bottom and are supposed to withstand the effects of the sun. It was also noted the recommenda- tions for evergreens to be plated on the outside of the fence on the East side of the lot. Mr. Marier moved to close the hearing at 9:55 P.M. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Marier moved to grant the Conditional USe Permit to Mr. Paul W olters with the provision that all stipulations of the Planning and Zoning Board and the Planner be followed. Seconded by MRs. Elsenpeter. Motion carried unanimously. Mrs. Elsenpeter moved to authorize the variance for the side yard setback for this building as recommended by the Planning adn Zoning Board and the Plannaer. Seconded by Mr. Marier. Motion carried unanimously. Mr. Hawkins reminded the Building Official that all variances must be recoreded in Anoka County. This will need to be recoreded on the forms that ahve been provided. PUBLIC HEARING CONDITIONAL USE PERMIT KENNEL LICENSE Mayor Benson opened the public hearing at 9:OOP.M. This request is for a dog kennel in a residential area. S. Todoroff has German Shepards and wants to breed them as a hobby. She plans to keep three adult dogs with one letter of pups per year. She presented plans for the kennel, noting that the dogs will be inside after 10:00 P.M. Several of the adjoining residents in the area had some quesitons which were answered. Mr. Peterson had several quesitons and Mr. Reinert suggested that any action on this requesat be delayed until the neigh- bors could get together and solve some of the problems. Mr. Reinert moved to continue this hearing until Nov. 14, 1983 at 7:30 P.M. Seconded by Mr. Marier. MOtion carried unanimously. AMENDING BUILDING INSPECTOR's CONTRACT Mr. SChumacher presented a proposal for resolving this contract. He suggested that the cost to Circel Pines be based on the actual cost for operating the building inspection department, which has been com- puted at $5100.00 per month. The cost to each City to be computed on a percentage basis. The number of permis and the value of the permits would be used as a base to compute who has what percent of the toatl. This percent would be averaged and applied to the $5100.00. Mr. Schumacher suggested this amendment to the contract become effective August 1, 1983. After some discussion on the avrious provisions of tis amendment, MRs. Elsenpeter moved to present this amendment to the Circle Pines City Council with the full backing of this Council. Seconded by Mr. Reinert. Motion carried unanimosuly. 1 1 1 Council Meeting October 24, 1983 TRAINING FOR PLANNING AND ZONING BOARD MEMBERS 123 Mr. Schumacher presented a proposed Ordinance requiring Planning and Z oning Board members to have six hours of training as a qualification for membership on this Board. He noted this is a requirement in many communities and felt this could be an asset to the members. Mr. Reinert felt this could be done in- house. Mr. Schumacher reported that this is being done at the present time as a part of the Planning and Zoning agenda with materials obtianed from several agencies. Mayor Benson felt this should be sufficient for the time and perhaps sometime in the future this reqirement could be established and implemented Mayor Benson suggested that Items #12 and #18 be tabled. Mrs. Elsenpeter moved to table Items #12 and #18. Seconded by Mr. Marier. Motion carried unanimously. PLANNING AND ZONING BOARD ACTIONS Northwestern Dell had requested a Conditional Use Permit for the con- struction of a service building on the rear portion of Tony Favorite's property. There was some discussion on the need for that building at this particular location which was explained. Mrs. Elsenpeter moved to set a public hearing for Northwestern Bell's request for a Conditional Use Permit for Bovember 14, 1983 at 8:00 P.M. Seconded by Mr. Reinert. Motion carried with Mr. Marier abstaining. Roy Stanley had requesated a Conditional Use Permit for a zero lot line on a duplex located on 77th Street. Planning and Zoning had drecommended denial of this request. Mrs. Elsenpeter moved to set a public hearing for Mr. Roy Stanley's request for a Conditional Use Permit for November 14, 1983 at 8:30 P.M. Seconded by Mr. Marier. Motion carried unanimously. Mr. Kluegel presented his quarterly report from the building department noting there have been approximately 100 new homes this year. Mr. Reinert asked if he had any idea as to how 1984 will be and Mr. Kluegel felt that next year would be as good if not better than this year. Mr. Marier asked MR. Kluegel if he had checked the structure on County Road J and the Freeway - does that building meet City Codes? Mr. Kluegel said it meets the arequirements - there is to be a different roof and new siding - there is also to be an addition of the structure. Mr. Kluegel was asked if they are livingin the house and he said, Yes - do they have an occupancy permit? Mr. Kluegle said they have a temproray permit. Mayor Benson asked about the 49 Clun - the fence and the parking lot should be in by now. He suggested that Mr. Kluegel inform the owners that this should be doen before winter. 124 Council Meeting October 24, 1983 PUBLIC HEARING PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS Mayor Benson called the public hearing to order at 9:42 P.M. Mr. Schumacher reported that for 1984 the City anticipates receiving approximately $30,000.00. This Public Hearing is for the purpose of allowing the public to prewent their indeas for the use of this money in the 1984 budget. 1 Mayor Benson asked if anyone in the audience had any suggestions as to how they would like to see this money used and there was no comments. Mr. Reinert moved to close the hearing at 9:45 P.M. Seconded ny Mr. Marier. Motion carried unanimously. Mr. Schumacher noted the next public hearing on these funds will be for the purpose of designating where the money will be spent in relationship to the budget. Mr. Marier moved to set the actual use hearing for the Federal Revenue Sharing Funds for November 14, 1983 at 9:00 P.M. Seconded by Mr. Reinert. Motion carried unanimously. RESOLUTION #83 -29 JOINT POWERS AGREEMENT CABLE TV RESOLUTION AUTHORIZING THE 3OIN T AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM WHERAS, The City of Lino Lakes (herinafter "City ") has granted a cable communications franchise ordinance to Group W Cable of the North Central Suburbs, Inc. a subsidiary of Westinghouse Broadcasting and Cable, Inc., WHEREAS, on September 9, 1983, City was issued a Regular Certificate of Confirmation by the Minnesota Cable Communications Board relative to the Group W Cable franchsie. WHEREAS, City believes it to be in its best interest and the most efficient utilization of resources for the City to participate in a Joint and Cooperative Agreement for the Administration of the Cable Communications System, and WHEREAS, said joint and cooperative effort is authorized by Minnesota State S471.59, as amended, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lino Lakes shall participate in the North Central Suburban Cable Communications Commission II for the administration of the cable communications system, BE IT FURTHER RESOLVED, that the appropriate officers of City shall execute the final Joint and Cooperative Agreement of the North Central Suburban Cahle Communications Commission II Council Meeting October 24, 1983 and file it appropriately with Thomas D. Creighton, leagl counsel for the Commission. 125 FURTHER City authorized its proportional share of the remaining assets of the dissolved North Central Suburban Cable Communications Commission I as City's initial contribution to the North Central Suburban Cable Communications Commission II, FURTHER that City's Director shall be Herbert Johnson, residing at 7125 Sunrise Avenue, Lino Lakes, MN 55014,whose phone number is 786 -4139, and FURTHER the City's alternate shall be Marilyn Elsenpeter, residing at 8024 Elbe Street, Lino Lakes, MN 55014, whose phone number is 786 -6727. The motion to adopt the foregoing Resolution was introduced by Mrs. Elsenpeter and seconded by Mr. Marier. The Resolution was approved with all members voting in favor. The above Resolution was adopted on the 24th day of October, 1983 Edna L. Sarner, City Clerk AU-HHORIZATION TO CERTIFY DELIQUENT .UTILITY BILLS The Clerk noted that the Council does not have an up to date list of these deliquest bills due to the need to update the billings since the last quarterly billing. Mr. Marier moved to authorize the Clerk to certify the deliquest utility bills to the County for collection with the 1984 taxes. Seconded by Mr. Reinert. Motion carried unanimously. RESOLUTION #83 -28 ESTABLISHING AND ADOPTING THE 1984 TAX LEVY RESOLUTION APPROVING, ESTABLISHING AND ADOPTING THE 1983 TAX LEVY COLLECTABLE IN 1984. WHEREAS, the City of Lino Lakes is in need of certain funds to pay expenses, obligations and operating costs anticipated in the year 1984, and WHEREAS, The City of Lino Lakes is not restricted by any levy limitations imposed upon it by the State of Minnesota. NOW THEREFORE BE IT RESOLVED, the the City Council of the City of Lino Lakes, Anoka County, Minnesota, hereby does levy the following sums of money for the current year, collectable in the year 1984, upon the taxable property in said City of Lino Lakes, to -wit: 1.26 1. Council Meeting October 24, 1983 Total amount levied in the year 1983 to be spread for taxes due and payable in the year 1984 is in the total sum of $690,000.00. 2. The amount above levied is for the purpose of operational costs within the General Fund. No Bond and interest Levy is necessary for 1984 due to the surplus in such particular funds. BE IT FURTHER RESOLVED by the Lino Lakes City C ouncil that the budget as reviewed by the respective departments and City Council in numerous meetings, represents the nasis for this levy. Individual department budgets are subject to final approval by the City Council and shall be authorized by separate action prior to January 1, 1984. Passed this 7th day of October, 1983. Edna L. Sarner, City Clerk This Resolution is for the Council's information and does not require any action since it was adopted on October 7, 1983 at the Sepcial Council meeting. ATTORNEY's REPORT Mr. Hawkins presented the request for a change in nanagership at Maudie's. Mr. Hawkins noted the City Code requires C ouncil approval of any change in ownership. Maudie's is in the process of changing managers and since the mamager owns one share of stock, this requires Council approval. 1 1 Mayor Benson felt the establishment is deteriorating and wondered why. Mr. McAllister reported that he has not been involved with the business for the past two or three months, but is back to active involvment and is making some changes. The concerns of the Council at the time the licens was issued was dis- cussed. It would seem that most of the requirements have been done with the exception of the landscaping in the front of the building. Tile placement of the post blocking off the lower parking lot had been installed but have been knocked over by the customers with their trucks. This was discussed with no decision made. Mr. McAllister also noted the problems he is having with Rice Creek Watershed D istrict with any- thing he tries to do with that lower lot. He also reported on the problems with the shrubery. It gets destroyed as soon as it is installed. The dress code sign was questioned and Mr. McAllister said the sign is up and enforced. Mr. McAllister asked to delay the planting until Spring. MR. Marier asked why and Mr. MCAllister said he ahs to devise a way to keep the customers from destorying the plants. Council Meeting 127 October 24, 1983 Mr. R einert felt the atmosphere of the establishment has changed - it would seem there is less respect or something now - not the same as when it first opened. Mr. McAllister felt the management has not been what it should be and perhaps this has something to do iwth it - he is not sure. Mr. Marier moved to approve the change of management at Maudie's and approve Mr. Gary Sarner as manager with the stipulations idscussed at this meeting to be completed by May 15, 1984. This to include shrubery, landscaping and barriers to the lower parking lot. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Hawkins presented the application for a Turkey Bingo permit for the Lino Paremts Club. Mr. Hawkins felt there may be a mistake in the City Code. He felt the State Statute states that if there is less than five occasions in one year, no permit is necessary, therefore, since this is only one occasion, there is no need for a permit. OLD BUSINESS Chief Myhre's report on the dog problem would have to be tabled due to the absence of Chief Myhre. Mr. Marier moved to table. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mayor Benson reported on the meeting concerned with County Road J - he had been informed that the information from the last meeting will be forwarded to the City Council. Mr. Reinert suggested the letter that was sent to MnDOT in commection with the State Aid also be set to Rep. Quinn and SEn Dahl. Mr. Schumacher noted there is a meeting in Barinard this week concerned with this subject that Mr. Davidson and Mr. Van Woramer will be attending and they had felt that this decision will be overruled. Mr. Reinert, said, if they are not successful, then this letter should be set to Rep. Quinn and Sen. Dahl and the Council agreed. NEW BUSINESS Mr. Schumacher presented a letter from Mr. Vogt on the time involved with the construction of the addition of City Hall. Hefelt this istaking up more time than he had anticipated and presented his charges for anything over and above what he had contracted for. Mr. SChumacher presented the request concerned with the issuance of the burning permits. He noted that at the present all permits must be approved by PCA and it takes approximately three months to get a permit apparoved. This can be handled by the local Fire Marshall if he is designated as the responsible person to issue burning permits. Mr. REinert moved to designate the City's Fire Marshall, Mr. Mark Freiden, as the person responsible for the issuance of burning permits within the City of Lino Lakes. Seconded by Mr. Marier. Motion carried unanimously. The City Clerk reported the new State Law requires the City offices to be open on• the Saturday before the Election from 1:00 P.M. to 3: P.M. and on Monday before the Election from 5:00 P.M. to 7:00 P.M. 128 Council Meeting October 24, 1983 Mr. REinert felt that the letter from Mr. Weibel concerned with the manufactured ordiannce was unclear and he felt that Mr. Weibel was confused. Mr. Schumacher said he had talked with Mr. Weible and he will be coming in to discuss this matter. Mrs. Elsenpeter moved to declare the week from November 14 through the 18th as American Education Week per a request from Centennial Schools. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Schumacher had a request frog Anoka County for support in their actions to have Anoka County designated to receive Community Develop- ment Block Grant Funds for the year 1984. Mr. Schumacher said he would write a letter to be forwarded to the City's representatives in Washington. Mr. Elsenpeter moved to approve this. Seconded by Mr. Marier. Motion carried unanimously. Mr. Schumacher reported on a request from Anoka County for support in declaring November as Epilepsy month. Mr. Reinert so moved. Seconded by Mr. Marier. Motion carried unanimously. Mayor Benson noted that he had received some informatiom from the Water Resources Board and asked the Council to review this material before the next meeting. 1 Mr. Marier moved to adjourn. Seconded by Mrs. Elsenpeter. Aye. 10:35 P.M. These minutes were considered and approved at a regular Council meeting held on November 14, 1983. dna L. Sarner, City Clerk ! i!-.0•iL'.4ii :enja :enson, Mayor