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HomeMy WebLinkAbout11/28/1983 Council MinutesCouncil Meeting November 28; 1983 137 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., November 28, 1983, by Mayor Benson will all Council members present. Also present; Mr. Hawkins, Mr. Schumacher, Mr. Kluegel, and Mrs. Sarner. MINUTES - November 14, 1983 Mr. Reinert moved to approve the minutes as presented. Seconded by Mrs. Elsenpeter. Mayor Benson had a correction on page 8, the word 'no' to be inserted in the first sentence, 2nd paragraph, before the word 'objections'. Mayor Benson also questioned why minutes have not been sent to the Council members prior to the packets and Mrs. Sarner explained it is not always possible to get the minutes transcribed early. Motion to approve carried unanimously. DISBURSEMENTS - November 28, 1983 Mr. Reinert moved to approve the disbursements as presented. Seconded by Mrs. Elsenpeter. Mr. Marier asked for clarification of the voucher as submitted by Mr. Schumacher at the last meeting and held. This was for expenses for the ICMA Conference. Mr. Marier asked about the car rental - what was that for? Mr. Schumacher explained this was a shared cost with Mr. Rapp for transportation - the airport is about 21 miles from the hotel and parts of the conference seninars were held at locations around the City. Mr. Marier said, in the future, a common carrier should be used. Mr. Reinert suggested the least costly method of transportaion should be used. Mayor Benson questioned the payment for Police courses - Mr. Schumacher explained the number of officers which will be attending and also noted this is reimburseable from the State. Mayor Benson questioned the reimbursement for damage to an officer's uniform - is this the policy of the City? Mr. Schumacher said that it was. Motion to approve carried unanimously. OPEN MIKE Mrs. Pat Sorenson was scheduled to appear was was not present. at this time. Mr. Oman was also not present. Mrs. Jan Apitz asked to appear to discuss the recently passed City Ordinance that requires all liquor establishments to be closed on Election Day. She said she has always been open. She felt the Ordinance is only concerned with on -sale not off -sale. 138 Council Meeting Nove,ber 28, 1983 Mr. Hawkins said the current ordinance says that both on -sale and off -sale must be closed. Mr. Hawkins felt that if this is not the intent of the Council then the Ordinance should be changed. Mayor Benson felt the language was unclear and this should be clarified. Mrs. Elsenpeter pointed out that the only reason for the new law was due to the change in the State law which gives the local communities the option of having the establishments open or closed. The Ordinance is exactly the same as the State law with the exception of the words 'or local' has been inserted. Mr. Marier moved to instruct Mr. Hawkins to prepare a revised version of thi ordinance in a form that can be understood. Seconded by Mr. Kulaszewicz. After some discussion, Mr. Marier withdrew his motion. Mr. Kulaszewicz withdrew his second. Mr. Kulaszewicz moved to have the minutes researched for the intent of the Council at the time the ordinance was approved. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Both Mr. Ross and Mrs. Apitz presented the Council with a statement of their estimated losses for having been closed that day. Mr. Cody asked to speak and felt that it was increadible that the City Attorney does not have a current copy of the Ordiannce. Mr. Cody was informed that the Attorney does have a copy of all the new Ordinances. Mr. Cody then made his comments on Mrs. Elsenpeter's letter to the Editor that was printed in the last issue of the papers. His comments were directed in support of the actions taken by this Council and contradicting some of the statement of the letter. Mr. Roger Oman of the Sno- Goers, appeared to discuss the use of Sunrise Park along two sides for a groomed trail. There was discussion of the ordinance that prohibits 'motorized vehicles' within the City Parks, the need to be named on the liability insurance. Mr. Schumacher felt the City ordinance would have to be amended. Mr. Hawkins said the ordinance allows vehicles in a 'designated area' so the Ordinance does not need to be amended. Mr.Reinert felt this might be a way to have some control over where the snowmobiles run. He felt this might be more desirable than not having any control. The width of thestrip that would be groomed was discussed and it was pointed out that the groomer is 72 feet wide and the Association asks for 12 feet which gives them some margin for error. The trail is signed and posted. The signs are provided by the DNR and the work is done by the Rice Creek Trail Association. Mr. Marier moved that the trail be drawn on a map, submit to Mr. Volk, the Council will wait for Mr. Volk's recommendation. 1 1 Mr. Hawkins suggested that the City's insurance carrier be contacted in this matter. He- felt that persons other than members of the snowmobile association will be using this trail and if there is any liability on the part of the City for those persons. Council Meeting November 28, 1983 139 It was pointed out this is a procedual process and generally the Council has no objection to this usage. Motion was seconded by Mrs. Elsenpeter: Motion carried unanimously. Mr. Oman said he had been working with the State on using the Highway right -of -way and had been told that the request to use this for snow mobiling purposes must come from the City. Mr. Oman was told to work with Mr. Volk on this matter. Mr. Kleinhans asked if he could be heard now rather than later on and the Council agreed. Mr. Kleinhans reported that the BMX Track had a very sucessful season with 481 children participating in the races,that were held. There had been no injuries during any of the races. He pointed out the individuals and the businesses that contributed to the construction of the track and expressed his appreciation to them and to the City for thier cooperation and assistance. Some of the races scheduled for 1984 were noted and Mr.Klinehans said there will be some improvements in some of the equipment for next year and noted there will be three races a month rather than the two that was held this year. A recess was called at this point in the meeting. The meeting reconvened. CONTINUED PUBLIC HEARING - ROY STANLEY Mayor Benson opened the continued public hearing at 8:08 P.M. Mr. Kluegel reported that the object of this reqeust was to use a common wall for a zero lot line in order to sell the duplex and this does not fall under the condominimum law. Mr. Hawkins said the standards as set forth in the City Code should be applied to this request. Planning and Zoning had recommended denial of this request in that it did not qualify under the rules and regulations of the City's Zoning Ordinance. Mr. Hawkins said if Mr. Stanley established a condomimimum and sold this with the rules according to that law, then this City could not stop the sale of this building to individual owners. The public hearing was closed. Mrs. Elsenpeter moved to deny the variance request in that it would create two sub - standard lots in a GB area and to instruct MR. Stanley that if he is to sell the two units as individual units, he will have to follow the uniform condomimimum law. Seconded by Mr. Marier. Motion carried unanimously. POLICE REPORT Chief Myhre reported on the Robert Moris letter objecting to a bow and arrow target set up in the yard next to their home. They felt this 140 Council Meeting November 28, 1983 endangered their children. Chief Myhre recommended the ordinance be amended to include non -fired projectiles from being discharged within 300 to 500 feet of a resident. Mr. Marier moved to amend the City Code, Section 504, with Mr. Hawkins to write an amendment to disallow cross bows, pellet guns, BB guns, sling shots, wrist rockets to be discharged within 500 feet of an ad- jacent residential building or other buildings. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Chief Myhre presented his report on the violations that have occured at Lake Drive and Main Street within the past years. Mayor Benson asked if this was an unusually large number of offenses and Chief Myhre said he was surprised at the number. He felt this was more than he expected. Mrs. Elsenpeter moved to direct Mr. Hawkins to make the City's concerns known to Anoka County and the City's desire to have a semiphore at that location. Seconded by Mr. Marier. Motion carried unanimously. ADMINISTRATIVE COST FOR LOCAL BONDING IMPROVEMENTS Mr. Schumacher explained there are administrative costs involved with all bond issues and this establishes a uniform policy that could be used in connection with these bond issues. This would allow the cost tobe taken from the bond fund on a schedule over the period of the bond issue. Mr. Marier felt this would be a double assessment on the residents and felt this needs clarification as to what type of bond issue this would be applied against. Mr. Schumacher noted that the Auditor had recommended that a policy be established in order to be consistent on these bond issues. Mr. Reinert felt this was more an accounting procedure rather than a direct cost - this would allow all costs involved with the project to be charged to that project. This would allow the City to know what these projects actually cost the City. Mr. Marier moved to table this item and asked for the administrative costs for the bond issues that have been issued over the past five years. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ATTORNEY'S REPORT Mr. Hawkins reported on Mr. Mikeworth's letter dealing with the 49 Club. Mr. Hawkins pointed out that the improvements that were allowed did not have a time limit imposed at the time of the granting. Mr. Hawkins felt that a time frame for the completion of the project should be set. Mrs. Elsenpeter moved to write to Mr. Nathe asking for a completion date for these improvements and inform him they must be completed by May 15, 1984. Seconded by Mr. Kulaszewicz. Motion carreid unanimously. Council Meeting November 28, 1983 CITY OF CENTERVILLE PETITION FOR ROAD IMPROVEMENTS 141 A petition had been received from the City of Centerville requesting the City of Lino Lakes to improve 21st Street to a 9 ton road. This is the border line between the City of Lino Lakes and the City of Centerville. Mr. Hawkins explained this is the East border of the new industrial park in Centerville. The reason for this petition is that the City of Centerville does not have the authority to assess the residents of the City of Lino Lakes. There is only one home at the end of this street within this City. Mr. Schumacher asked if Centerville would be liable for the cost of a feasibility report? This is the first step after the receipt of a petition. Mr. Marier suggested finding out how far Centerville wants to go on t:tis feasibility study. Mrs. Elsenpeter suggested that if this is for the purpose of serving only the industrial park, then the developer or the City of Centerville should pay for the entire cost of the construction of this street. This C ity could give them the authority to use that part of the street that is in the City of Lino Lakes. Mr. Schumacher will contact Centerville on the aspects of this matter. CONSIDERATION OF PROPOSED BUDGET Mayor Benson asked that a special meeting be set for the adoption of the final budget. Several dates were suggested, with the meeting being set for December 12, 1983 at 5:30 P.M. Mayor Benson asked that if any Council member had any questions or needs for material, please contact the offices before that date. Mr. Marier moved to set the meeting for consideration of the final budget for December 12, 1983 at 5:30 P.M. Seconded by Mrs. Elsenpeter. Motion carried unanimously. 1984 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Schumacher reported that the City anticipates receiving approximately $41,000.00 a year over the next three years. HE noted the dates for meetings and the date for the submission of a project for the use of these funds. Mr. Schumacher presented some methods of using these funds. Mayor Benson asked if there was any way these funds could be used for the construction of a fire hall and Mr. Schumacher felt this would be next to impossible. HE noted the two main requirements for the use of these funds is 1) to benefit low and moderate income perosns, and 2) create new jobs. Those are the two main requirements. CLERKS's REPORT The letter dealing with the bill concerned with the telophone charges to Senior Citizens was discussed. Mrs. Elsenpeter moved to write to Dahl, Boschwitz, Durenberger, Sikorski, Oberstarr addressing H.F. 3621 asking this bill be supported. Seconded by MR. Kulaszewicz. Motion carried unanimously. 142 Council Meeting November 28, 1983 OLD BUSINESS Mayor Benson commented on the PCA report on the noise pollution done at the Molin Concrete Plant. Since there is a question of some screening and planting, Mayor Benson suggested that perhaps Mr. Henriksen would like to come in and talk about that facet of the problem. He asked if Mr. Kelso could be at that meeting and Mr. Schumacher said, Yes, Mr. Kelso said he would be glad to attend a meeting and discuss this report. There was a suggestion that Mr. Molin also be invited. Mr. Schumacher presented a report on the status of the lots on Black Duck Drive. He presented bids for the performance of soil borings that must be done in order to be able to sell the lots. The low bidder was Gary Barot. Mr. Marier asked if Mr. Barot was certified and Mr. Schumacher said he did not know. He was instructed to find this out. NEW BUSINESS Mr. Al Ross suggested that the intersection of County Road J and Highway 49 be considered for semiphores. He noted that the surrounding communities are in discussion for the upgrading of County Road J and this could certainly be introduced at one of the meetings. Mayor Benson reported on Mr. Volk's decision to assist Centerville in plowing their streets. Their snow plow broke down andthey contacted Mr. Volk for this service. Mr. Volk made the decision over the weekend and wanted the Council to be aware of what he had done and to ask their opinion on this. The general consensus of the Cbuncilwas they agreed with what he had done. Mayor Benson noted the list of appointments for the coming year is in the Member's packets - he requested they be thinking about this for the coming year. Mayor Benson noted there are two new liaison positions for next year - the Chamber of Commerce and the Vadnais Heights Water Management Organization. Mr. Kulaszewicz moved to adjour. Seconded by Mr. Marier. Aye. 9:30 P.M. These minutes were considered, corrected and approved at the regular Council meeting held on December 12, 1983. Edna L. Sarner, City Clerk