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HomeMy WebLinkAbout11/14/1983 Council MinutesCouncil Meeting November 14, 1983 129 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., November 14, 1983 by Mayor Benson with all Council members present. Also present; Mr. Hawkins, MR. Davidson, Mr. Schumacher, Mr. Volk, Mr. Kluegel and MRs. Sarner. MINUTES October 24, 1983 Mr. Marier moved to approve the minutes of October 24, 1983 as presented. Seconded by Mr. Reinert. Motion carried with Mr. Kulaszewicz abstaining. DISBURSEMENTS - October 31. 1983 Mr. Marier moved to approve the disbursements of October 31, 1983 as pre- sented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. DISBURSEMENTS - November 14, 1983 Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mr. Reinert, Mr. Marier questioned the check for Chase - Manhatten - this is for the new phones; Mr. Marier questioned the voucher as submitted by Mr. Schumacher for reimbursement of expenses incurred attending the I.C.M.A. conference. Mr. Marier moved to hold this check for presentation of receipts of the incurred expenses. Seconded by MR. Kulaszewicz. Mr.Reinert suggested that perhaps an estimate of costs involved in attending such a conference should be presented to the Council in advance, thus making the Council aware of the approximate costs involved. On voting on the amendment, the amendment carried with Mrs. Elsenpeter voting, No. Motion to approve the disbusements carried unanimously. OPEN MIKE Mrs. Pat Sorenson had requested to speak under this portion of the agenda. Mrs. Sorenson said she had a statement she would like to make in connection with the current litigation concerned with the Lakes Add. #7 suit. She pointed out the questionable portions of the insurance policy that would cover this suit. She asked how the City will pay this clain, if the City loses, since the policy does not cover portion of this suit? She asked, since the residents of the City would be asked to pay this bill, in the event the City loses the case, why hasn't a public statement informing the residents of the status of this litagation been made? Mrs. Sorenson presented the Council with copies of the questions she had prepared for their answers. Mr. REinert asked if she was speaking for herself and she said, Yes. Mr. Reinert asked if she was also Chairperosn for Andy Neal in the last election and Mrs. Sorenson said, Yes. Mrs. Sorenson then read the five questions she had prepared. The first question asked about a new policy of open communications. 130 Council Meeting November 14, 1983 Mayor Benson said the policy of this Council is to get all the in- formation before they answer any questions and he felt that he would like some time to study before answering. Mr. Marier questioned the source of her information on several cases she had quoted and Mrs. Sorenson said she did not have the documentation with her but could supply the information. There was discussion on several of the other questions, with Mayor Benson stating that, since this matter is still in litagation, he would not jeopardize the suit by making a statement. Mr. Hawkins noted some of teh questions have a legal connotation and should beforwarded to the insurance Attorney's for their comment. Mr. Hawkins also felt that any comments made by this Council should be cleared with those Attorneys. Mrs. Elsenpeter asked, in relationship to a letter recently received, she noted that her invitation to the August 16, 1983 meeting was an oversight, there was reference to a prior meeting to which she had not be invited nor had she been informed of the meeting - when was that one held? Mayor Benson and Mr. Reinert said they were not aware of any meeting other than the one held on the 16th. Mrs. Elsenpeter pointed out that not one question had been asked that concerned the legal aspects of the suit - they want to know how this will be paid, if the City loses the case. Mr. Reinert moved to refer questions #2,3,4 to the insurance Attorneys for their commend with questions #1 & 5 to be put on the next Council agenda. Seconded by Mr. Marier. Motion carried unanimously. Mr. Reinert asked Mrs. Sorenson to define "New Policy" from question #1 Mr. Forest Tagg said he had asked a question at a Chamber ofCommerce meeting and Mayor Benson had answered in reference to the law suit - there was a difference of opinion on what had been asked and the asnwer. CONTINUED PUBLIC HEARING - TODOROFF DOG KENNEL Mayor Benson called this continued hearing to order at 7:43 P.M. M Kluegel noted this had been continued for the purpose of allowing some of the neighbors to clear some quesitons they had on this pro- posed operation. Mr. Kluegel reported that all questions had been cleard. Mr. Marier moved to close the hearing at 7:46 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Marier moved to approve the Conditional Use Permit for the Dog Kennel with the sitpulation that only 3 adult dogs and puppies of unde one year be on the premises. Seconded by Mr. Reinert. Motion carried unanimously. 1 1 1 Council Meeting November 14, 1983 MARKET STUDY PROPOSAL 131 Mr. Schumacher presented the proposal as submitted by Barton - Aschman for the market study as proposed by the Economic Development Committee. The Cost of this study is not to exceed $5200.00. The cost to include 30 copies for distribution. Mr. Reinert asked if 30 copies is enough? will therebe other material that will be used in conjunction with this? Mr. Schumacher said the staff is working on a brochure to be included with this. Mr. Kulaszewicz moved to approve this Market Study per the terms as specified in the Barton - Aschman proposal. Seconded by Mr. Reinert. Motion carried unanimously. STREET LIGHTING PETITIONS Mr. Volk presented the petitions for street light installation that totals to 14 lights. Mr. Marier asked if Mr. Volk had a dollar fighre and Mr. Volk saod, if all 14 lights are installed, ti would be approximately $4000.00 plus the cost of power. Mr. Reinert asked what is the criteria used for placing these lights? Mr. V olk said the lights are petitioned for by the residents and then approved by the Council for the installation. Mr. Reinert pointed out there is no way of estimating the number of lights that could be re- quested in one year. Mr. Volk agreed. Mr. Volk was asked how the place- ment of the lights was decided and he said they are placed at controlled intersections for safety purposes. The matter of the City installing the lights versus to NSP installation was discussed with Mr. Volk noting the difference in the cost of power. If NSP installs the lights, the power charge is approximately $13.00 per moth - if the City installs the lights, the charge is around 3.00+ per month. Mr. Marier asked if the City was capabable of doing the installation and Mr. Volk said, not at the present time. Equipment would have to be leased. Various aspects of City owned as opposed to NSP owned lights were dis- cussed. Mr. Reinert felt the City has no policy that sets the rules for the installation of street lights. Mr. Marier moved to approve the installation of the 14 street lights that have been petitioned for to be installed in 1984. Street lights to be installed by the power companies. Also to do a study to adlpt a policy for the installation of future lights with the residents to assume a portion of the costs. Seconded by Mrs. Elsenpeter. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened, with Mayor Benson noting that Mr. Kulaszewicz had been called away from the meeting. 132 Council Meeting November 14, 1983 PUBLIC HEARING NORTHWESTERN BELL CONDITIONAL USE PERMIT Mayor Benson called the public hearing to order at 8:27 P.M. Mr. Kluegel presented the Northwestern Bell Telephone request for a Conditional Use Permit and a lot size variance. This is a 17x17 service building to allow the more efficient use of the telephone cables already installed in the area and to avoid the necessity of burying more cable. The parcel in question is the rear portion of Mr. Tony Favorite's property located at Lake Drive and James Street. The building will face James Street and the P &Z had put the stipulation on the permit that when the use ceases, the building is to be removed. Mr. Marier asked why a fence and what kind of fence? Mr. Kluegel said the ency would be for security purposes and probably a chain link fence. Mr. Reinert agreed with Mr. Marier in that he felt the fence would detract from the building. He suggested taht a policy of whether these types of buildings should be fenced or not. Mrs. Elsenpeter suggested this Council consider whether this type of building should be constructed in this location. She flet this is a prime General Business lot and felt this lot could be used for a more people oriented type of business. She suggested perhaps a residential lot along Lake Drive could be used for this buiding instead of the GB lot now proposed. Mr. Nelson explained this building must be as near the intersection of Lake Drive and Main Street as possbile. Mr. Kluegel pointed out this type of building is not allowed in a residential zone and is only aloowed in the GB area with a conditional use permit. Mr. Hawkins pointed out the standards in the ordinance that must be applied to this conditional use permit. Mr. Reinert moved to close the public hearing at 8:45 P.M. Seconded by Mr. Marier. Motion carried iwth Mrs. Elsenpeter voting, No. Mr. Reinert moved to approave the Conditional Use Permit for the stated purpose with the stipulations as set forth by the Planning and Zoning. Seconded by Mayor Benson. Motion carried with Mr. Marier abstaining and Mrs. Elsenpeter voting, No. On the *variance to the lot size, Mr. Schumacher read from Mr. Short's letter in reference to this request. Mrs. Elsenpeter questioned the reasons as lsited for the granting of this lotsize. Mr. Reinert asked why this siet was such a desirable location for this building - he asked Mr. Nelson to restate his reasons - which he did. Mr. Reinert moved to grant the lot size variance with the conditions as outlined by Mr. Short as follows; 1) most logical area for the construction of the building; 2) no employees on the site on a con- tinuing basis; 3) building size compatable to the lot size; 4) no sewer required; 5) site to be maintained by Northwestern Bell. Cable will service businesses as well as residential customers in the area. Council Meeting November 14, 1983 133 Seconded by Mayor Benson. Motion carried with Mr. Marier abstaining and Mrs. Elsenpeter voting, NO. SET PUBLIC HEARING FOR CONDITIONAL USE PERMIT - Mr. Kluegel reported on the need to set a public heraing for Mr. Flannagan for a conditional use permit for the construction of a cold storage building on his property on Maple Street. Mr. Marier moved to set the public hearing for December 12, 1983 at 7:30 P.M. Seconded by Mr. Reinert. Motion carried unanimously. SET PUBLIC HEARING FOR DOG KENNEL CONDITIONAL USE PERMIT Mr. Kluegel reported this is for a dog kennel on Elbe Street. Mr. Marier moved to set the public hearing for December 12, 1983 at 8:00 P.M. Seconded by MR. Reinert. Motion carried unanimously. 1st STATE BANK OF LINO LAKES Z - RUILDING AND SITE PLAN REVIEW Mr. Kluegel presented the building and site plans for an addition to the bank noting that 14 additional parking spots will also be added. Mr. Kluegel reported that the septic system is adequate to serve the addition. Planning and Zoning had recommended approval of the plans. Mr. Kluegel noted that one stipulation from the P &Z was that a drainage plan be pro- vided and this has been done. Mr. Marier moved to approve the building and site plans for the 1st State Bank of Lino Lakes. Seconded by Mr. Reinert. Motion carried unanimously. FOREST TAGG - SITE AND BUILDING PLAN REVIEW Mr. Kluegel presented the plans for the construction of a building for cold storage in conjunction with Mr. TAgg's sandblasting business at the Lake Drive and I35W location. The building is to be 50x100. There was some discussion on the driveway and parking which Mr. Kluegel reported that Mr.Tagg had agreed to the P &Z recommendaitons. Mr. Marier moved to approve the site and building plans with the P &Z recommendations to be followed. Seconded by Mrs. Elsenpeter. Motion carried unanimously. BILL FOGERTY - METES AND BOUNDS LOT SPLIT - Mr. Kluegel reported this is a 28 acre parcel that Mr. Fogerty wants to split into two 14 acre parcels. This is in an ER area and is cosistent with the land use plat. The length of the driveway was discussed with Mr. Kluegel noting that Mr. Fogerty is aware of thefact that he must keep the driveway open for emergency vehicles. There are also requirements in the City Code that msut be followed. Mr. Marier moved to approve the split of this land by a meter and bounds description. Seconded by Mayor Benson. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened. ENGINEER'S REPORT Mr. Davidson presented his proposal for the correction of the water problems in Sherwood Green. He suggested a watershed management plan for 134 Council Meeting November 14, 1983 the area. MR. Davidson is recommending a study be done, with costs not to exceed $1500.00, to determine theneeds in the area of approximately 240 acres. There was some questions on the culvert placed on Main street East of 4th Avenue that could be causing some of the problems in this plat. It was pointed out this culvert was installed and maintenance done it is handled by the County. Mr. Rinert moved to approve the water study as proposed by Mr. Davidson. Seconded by Mr. Marier. Motion carried unanimously. STATE AID STATUS REPORT Mr. Davidson reported on the revision of the allocation to the City of LIno Lakes for MSAS. He felt the figures should be updated and the City could expect to receive approximately $120,000.00. BALDWIN TAKE SEWER PROJECT - Mr. Davidson presented the final payment for this project noting the changes in the figures and explaining the reasons for. He recommended this payment be made with the Contractor depositing $350.00 in escrow for the purpose of seal coating some por- tions of the streets. This work to be done in the Spring. Mr. Reinert moved to approve the final payment to the Contractor for the Baldwin Lake Sewer Project with the stipulations as set forth by the Engineer. Seconded by Mr. Marier. MOtion carried unanimously. PUBLIC HEARING ROY STANLEY ZERO LOT LINE Mayor Benson called the public hearing to order at 9:32 P.M. Mr. Kluegel explained this request is for a zero lot line on an existing duplex that Mr. Stanley would like to sell as two units. The P &Z had recommended denial of this request. Their concern was the creating of two non - conforming lots in the event that the existing building was destroyed. Mr. Hawkins asked if Mr. Stanley was proposing to convert these units to a condominimum and Mr. Stanley said, Yes. Mr. Hawkins said ther is a uniform condominimum law that prohibits a City from denying a zero lot lien just because the ownership of the property changes. Mr. Reinert moved to table action on this matter and instruct the Building Inspector to dicsuss this with the City Engineer and to in- form the P &Z of this State Statute. Mr. Hawkins said he would be glad to provide the P &Z members witha copy of the law. Mr. Reinert withdrew his motion. MR. Marier moved to continue this public hearing for the purpose of research of the intent of the P &Z and if there is needed upgrading of the property. This matter to be on the Nov. 28, 1983 agenda at 7:30 P.M. Seconded by Mr. Reinert. Motion carried unanimously. ATTORNEY'S REPORT Mr. Hawkins had no specific items to report at this time. 1 1 1 Council Meeting November 14, 1983 BUILDING INSPECTOR'S CONTRACT - AMENDMENT 135 Mr.Schumacher presented a letter from the City of Circle Pines in re- ference to this matter and the letter stated that their understanding of the contract would be adjusted from the beginning of the year not as of the first of Ausgust as set forth by Lino Lakes. Mr. Schumacher noted that this City had proposed this amendment become effective the 1st of August - C ircle Pines is requesting the amendment become effective as of the 1st of January. Mayor Benson said he had no objections to making this retroactive to January 1, Mr. Reinert agreed with this concept. Mr. Marier felt the adjustment should be in August. After some discussion on this matter, Mr. Marier moved to approve the amendment to the Building Inspector's contract effective as of January 1, 1983. Seconded by Mr. Reinert. Motion carried unanimosuly. PUBLIC HEARING PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS Mayor Benson called the public hearing to oder at 9:59 P.M. Mr. Schumacher stated that the purpose of this hearing is to designate the use of the Federal Revenue Sharing Funds and where they should be placed in the budget for 1984. He noted that the funds hould be allocated to a capital improvement project thus having no effect on any services. The recommendation for the 1984 funds is to use them for the completion of the City Hall now being constructed. Mr. Marier moved to close the Public Hearing at 10:05 P.M. Seconded by Mr. Reiner. Motion carried unanimously. Mr. Marier moved to designate the anticipated $30,000.00 in Federal Revenue Sharing Funds to complete the new Council Chambers and if there are monies for that purpose in the budget, those monies to be allocated to othere departments. Seconded by Mrs. Elsenpeter. Motion carried unanimously. CLERK'S REPORT The C lerk reported that an assessment hearing for Baldwin Lake Mobile Home Court project must be set. Mr. Marier moved to set the assessment hearing for December 12, 1983 at 8:30 P.M. S econded by Mr. Reinert. Motion carried unanimously. The Clerk reported on easements for the Lakeview Woodlands Addition which Mr. Hawkins had checked and the Council msut accept them for filing. Mr. Hawkins said they are all in order and have been reviewed by the Engineer. Mrs. Elsenpeter moved to accept these easements as presented. Seconded by Mr. Marier. Motion carried unanimously. 136 Council Meeting November 14, 1983 OLD BUSINESS Mayor Benson asked about the PCA testing of the Molin property - he understood they had only been in the area for one hour and he suggested they should be there for a longer period. Mr. Marier moved that the PCA be contacted and ask that they return and complete the project. Seconded by Mr. Reinert. MOtion carried unanimously. NEW BUSINESS Mayor Benson referred to a letter from Mr. Robert Moris and suggested this be forwarded to the Police Chief. Mr. Marier moved to forward this to the Police Chief. Seconded by Mr. Reinert. Motion carried unanimously. Mrs. Elsenpeter suggested that some checking should be done at the intersection of Lake Drive and County Road #14. She felt that most cars do not stop at that intersection and she felt something should be started for the installation of semiphores. Mayor Benson noted Mr. Weibel's letter of resignation due to his moving form the City and also noting there are five vacancies on the Charter Commission. Mr. Marier suggested that a letter of thanks be sent to Mr. Weible for a job well done. Mayor Besnon asked about a letter received from the 49 Clerk - this was turned over to Mr. Hawkins for an answer at the next C ouncil meeting. Mr. SChumacher read the letter from the City of Centerville aor the upgrading of 21st street to a none ton road. Mayor Benson asked this be put on the November 28, 1983 agenda. Mayor Benson also instructed the Clerk to put together a packet for the newly elected Council Member, Mr. Bohjanen, and to supply him with copies of the City C ode, Zoning Ordinance and any other materials he may need. Mr. Marier moved to adjourn at 10:15 P.M. S econded by Mrs. Elsenpeter. Motion carried unanimously. These minutes were considered, corrected and approved at a regular meeting held on November 28, 1983. Edna L. Sarner, Clerk-Treasurer