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HomeMy WebLinkAbout12/12/1983 Council Minutes1 1 Council Meeting December 12, 1983 143 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., December 12, 1983, by Mayor Benson with all Council members present. Also present, Mr. Hawkins, Mr. Schumacher, Mr. Wetzler, Mr. Kluegel, Chief Myhre and Mrs. Sarner. NIMUTES - November 28, 1983 Mr. Reinert moved to approve the minutes as presented. Seconded by Mr. Kulaszewicz. Mayor Benson noted that on page 3, under Public Hearing - Roy Stanley, the motion to close the hearing had been omitted. Also, on page 6, under Old Business, line two, delete the words after 'plant'. Motion to approve with corrections carried unanimously. DISBURSEMENTS - November 30, 1983 Mr. Marier moved to approve the disbursements as presented. Seconded By Mr. Kulaszewicz. Motion carried unanimously. Disbursements - December 12, 1983 - Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. OPEN MIKE Mrs. Pat Sorenson had requested to appear under this portion of the agenda to discuss the questions she had presented to the Council at a meeting previously. She apologized for not being present at the last meeting. She asked Mayor Benson how he would like to handle the questions - did he want them read? Mayor Benson said he had prepared a statement and had been advised by the Attorney not to expand on this statement and he hoped the Council would heed this advise. Question #1) Mayor Benson said there would be no discussion of any sort of policy until after the 1st of the year. This could be discussed in his State of the City address. Question #2) This question - How are we going to ppy for the lawsuit if we lose the case in court? Will it be through raised taxes or a special assessment? "Any judgement that is awarded against a municipal corporation, and not covered by insurance policies of the City would be governed pursuant to Minnesota Statutes S465.14. When a judgement against the City is not paid at the time of the annual tax levy and unless the City has otherwise provided sufficient funds to pay for the collection of such tax levy, the City shall levy a tax to pay such judgement and certify the same to the County Auditor along with the purpose. There is no authority to collect unpaid jundgements by special assessments pursuant to the City Charter or Minnesota Statute S429. 144 Council Meeting December 12, 1983 Question #3 is as follows: What are our policy limits as far as the ceiling the insurance company will pay? - The limits of liability under the City's insurance policy is $1,000,000 loss. Punitive damages are excluded from coverage of the policy. The lawsuit against the City seeks $500,000 punitive damages so the ceiling the insurance company would pay would be $500,000. Question #4 deals with the open meeting law and the Mayor felt this City has abided with this law and the policy will not be changed. Question #5) Felt there had been no problems in the past and did not anticipate any in the future. Mrs. Sorenson thanked Mayor Benson for his answers. PCA REPORT ON THE STUDY DONE AT THE MOLIN CONCRETE PLANT Mr. Schumacher requested Mr. DAvid Kelso of the PCA to present his report to the Council on monitoring the noise level at that plant. Mr. Kelso reported that he had monitored the noise level in three (3) locations as noted by Mr. Schumacher on a map; 504 77th Street; 545 Lilac and 7655 4th Avenue. At the first two locations, the noise level was within the standards as set by PCA. However, the 4th Avenue site was slightly above the standards. Mayor Benson asked at what hour was the monitoring done? Mr. Kelson said he was at the first site at 8:00 A.M.; the second site at 8:45 A.M. and the third site at 9:40 A.M. 1 Mayor Benson asked if this had been monitored at, say 6:00 A.M., would the noise level have been higher? Mr. Kelso said it would probably be but the noise level is not only monitored on the level of noise but also on how long that noise level is maintained. Mrs. Elsenpeter felt that an area North of the site should have been monitored where the concentration of the residents are located and Mr. Kelso said he monitored the nearest residents and any other homes would only be less since they would be farther away. Mr Reinert said he understood that at the present time there is no problemm but there could be - is that correct? Mr. Kelso agreed. Mr. Reinert suggested dealing with the 'could be'. He suggested that some monitoring be done at the peak hours of the plant. Mr. Kelso said he had no problem doing the monitoring at 6:00 A.M. but there are few options: 1) do nothing; 2) limit the operation; 3) order the erection of a barrier, which could be very expensive. Mr. Kelso said a visiable barrier of vegation does virtully nothing in regards to the noise. Mayor Benson suggested taking the facts that are available, getting a task force together, and perhaps working something out with the owner of the plant. Mr. Reinert moved to have Mr. Schumacher meet with the concerned citizens and Mr. Molin and discuss this matter. Seconded by Mr. Marier. Motion carried unanimously. PUBLIC HEARING Council Meeting December 12, 1983 - CONDITIONAL USE PERMIT - BILL FLANNAGAN 145 Mayor Benson called the public hearing to order at 7:40 P.M. Mr. Kluegel presented the request of Mr. Flannagan to allow the construction of a 40x60 pole type storage building on property located adjacent to Battery Tire on Maple Street. Mr. Kluegel presented Planning and Zoning recommendations for approval. Mr. Short had also reviewed this and noted the area is zoned for GB and this is consistent with the zoning. Mr. Flannagan must present site and building plans before a permit is issued. Mr. Reinert moved to close the hearing at 7:45 P.M. Seconded by Mr. Marier. Motion carried unanimously. Mr. Reinert moved to approve the Conditional Use Permit for the con- struction of this building per the Planning and Zoning recommendations to include proper setbacks and Mr. Short's recommendations. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CONSIDERATIONOF TOWING CONTRACT Chief Myhre presented his results on the bids for towing service for the police department. After computing the bids, Chief Myhre recommended the low bid from Covey's be approved. Mr. Kulaszewicz moved to approve Chief Myhre's recommendations. Seconded by Mr. Marier. Motion carried unanimously ENGINEER'S REPORT Mr. Chuck Wetzler, substituting for Mr. Davidson, presented the Engineer's report. He reported that the Rice Lake Estates sewer and water study will be presented soon after the new year. Mr. Kulaszewicz moved to set a meeting for January 23, 1984 at 5:30 P.M. Seconded by Mr. Marier. Motion carried unanimously. The Shoreveiw Letter on looping the water system was discussed. The Council expressed interest in looking into this and asked that Mr. Schumacher contact Shoreview and set up a meeting with he and Mr. Volk. Mr. Reinert so moved. Seconded by Mr. Marier. Motion carried unanimously. PARK BOARD REPORT Mr. Schumacher presented the actions taken by the Park Board in regards to the development of Country Lakes Park. Since only one bid had been received at the first advertisement, the project had been readvertised and only one bid, from the same company, had been received this time. The Park Board had recommended acceptance of the bid from H &S Asphalt in the amount of $93,000.00 for the development of Country Lakes Park. Mr. Marier moved to approve the bid from H &S Asphalt in the amount of $93,000.00 for the development of Country Lakes Park. Seconded by Mr. Kulaszewicz. 146 Council Meeting December 12, 1983 Mr. REinert wondered why only one bid and Mr. Schumacher said he had discussed this with the Engineer and he felt the uncertainties of the project had discourage many potential bidders. Mayor Benson asked, does this address the concerns of the study that had been done through out the City? Mr. Schumacher listed the items that this bid will complete. Mayor Benson felt that this money could be spent on something better. On voting, the motion carried with Mayor Benson voting, No. A recess was called at this point in the meetng. The meeting re- convened. PUBLIC REARING - KENNEL LICENSE - CULBERTSON Mayor Benson called the public hearing to order at 8:17 P.M. Mr. Kluegel presented the request for a kennel license,at 8019 Elbe St. These are show dogs and are kept inside and the yard is fenced. One resident spoke and said he has no problems with these dogs. Mr. Kulaszewicz moved to close the hearing at 8:19 P.M. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Kulaszewicz moved to approve the kennel license for Mrs. Culbertson at 8019 Elbe Street per the Planning and Zoning recommend- ations. Seconded by Mr. Marier. Motion carried with Mrs. Elsenpeter abstaining. ATTORNEY'S REPORT 1 Mr. Hawkins presented the Council with a draft copy of the amended Fire Arms Ordinance. He asked they read this for conformation to their wishes. Liquor. Ordinance - Mr. Hawkins explained that prior to the amend- ment the ordinance placed the same restrictions as the State Law. This said no on -slae or off -sale could be sold on a State wide election day. The last session had repealed this law. The new amendment restricts the sale of any liquor on any election day. Mr. Reinert noted the memo that had been prepared noting that all Cities are open, both on -sale and off -sale, with the exception of Mounds View. Mr. Reinert felt he had no problems with the sale of liquor on election day. Mr. Marier disagreed - he felt that both types of establishments should be closed. Mayor Benson said his understanding was that the new amendment only dealt with on -sale not off -sale. There were several persons in the audience representing the liquor industry who presented their thoughts to the Council on the merits of having the establishments open on election days. Mrs. Elsenpeter moved to rewrite the Ordinance to clarify the language and to allow both on -sale and off -sale to be open on all election days. Seconded by Mr. Reinert. Motion carried with Mr. 1 1 1 Council Meeting December 12, 1983 Marier voting, No. Semiphores at Lake Drive and Main Street - MrHawkins said he had written to Mr. Paul Ruud and had not had a response as yet. ADMINISTRATAIVE COSTS FOR BONDED LOCAL IMPROVEMENTS 147 After some discussion on this matter, Mr. Schumacher was instructed to rewrite the requirements so as to exclude G.O. Bonds assessed against the entire City. PUBLIC HEARING - BALDWIN LAKE MOBILEHOME CQIIRT SEWER PROJECT Mayor Benson opened the public hearing at 8:55 P.M. Mr. Wetzler pre- sented the summary sheets on this project. Mr. Hawkins said that normally the assessment roll is certified to the County for collection,however, this assessment will be kept in the City and collected irom the owner. Mr. Hawkins has prepared a Resolution setting forth the stipulations for repayment of this money. Mr. Kulaszewicz moved to close the public hearing at 9:00 P.M. Seconded by Mr. Marier. Motion carried unanimously. Mr. Marier moved to waive the reading and accept the Resolution adopting the assessment and method of repayment. Seconded by Mr. Kulaszewicz. Motion carried unanimously. RESOLUTION # 83 -30 - ADOPTING ASSESSMENT WHEREAS, pursuant to proper notice duly given as required by the City Charter and State statute, the City Council has met and heard and passed upon all objections to the proposed assessment of the Baldwin Lake Trailer Court for the installation of sanitary sewer; NOW THEREFORE, be it resolved by the City Council of Lino Lakes, Minnesota: 1. Such proposed assessment, copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments including principal and interest; the first of the installments to be payable on or before April 15, 1984 and thereafter in semiannual installments each September 15 and April 15 thereafter until September 15, 1994 when the entire balance plus accrued interest shall be due and payable in full. Such assessment shall bear interest at the rate of ten (10%) per cent per annum from the date of adoption of this assessment resolution. 148 Council Meeting December 12, 1983 3. The owner of the property so assessed, may at any time pay the whole of the assessment on such pro- perty, with interest accrued to the date of payment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Aduitor on or before October 10 of each year the total amount of the installament and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted by this Council this 12th day of December, 1983 21-1,6d— 1 Edna L. Sarner, City Celrk PROPOSED RESOLUTION UPGRADING OF COUNTY ROAD J RESOLUTION #83 -29 WHEREAS, enson, Mayor Those communities in Ramsey County and Anoka County bordering on County Road J are experiencing increased development, and WHEREAS, the development being experienced is causing increased traffic on County Road J, and WHEREAS, these communities having recognized the common need to improve County Road J, and 1 WHEREAS, these communities and their neighbors,viewing the increased use of this road and its service demands on them prefer to anticipate and plan in order to prevent increased and unnecessary hardships on their residents in the neighboring communities in the counties of Ramsey and Anoka. NOW, THEREFORE BE IT RESOLVED that the City of Lino Lakes respect- fully requests the Anoka County Engineer's Department to pursue negotiations with the Ramsey County Engineer's Department to provide adequate planning for the improvments of these segments to avoid un- necessary and needless cost and inconvenience to the residents. BE IT FURTHER RESOLVED, that the Minnesota Department of Trasnportation be invited to participate in these discussions in order to coordinate any project they may be considering with 1 1 1 1 Council Meeting December 12, 1983 these planning efforts. 149 Passed by the Lino Lakes City Council this 12th day of December, 1983. Edna L. Sarner, City Clerk Mr. Schumacher presented the foregoing Resolution requesting Anoka C ounty and Ramsey County to work together with the communities involved to upgrade County Road J. Mr. Reinert moved to waive the reading and adopt the Resolution as pre- sented. Seconded by Mr. Marier. Motion carried unanimously. OLD BUSINESS Black Duck Soil Borings - Mr. Schumacher reported that Mr. Barrot who had submitted a bid, is not certified. After some discussion on this matter, Mr. Reinert moved to instruct Mr. Schumacher to get firm bids for 2 borings per lot - these bids to be submitted by certified people. Seconded by Mr. Marier. Motion carried unanimously. NEW BUSINESS TKDA UTILITY MAPS - Mr. Schumacher explained this would be putting all City owned utilities on a base map and updating as the systems ex- pand. This would be a very useful document to have at the C ity offices. Mr. Reinert moved to approve the preparation of the permanent utiltiy maps as proposed by TKDA at a cost of $2000.00. Seconded by Mrs. Elsenpeter. Motion carried unanimously. MSA Street Billing - (SEH) Mr. Schumacher explained that due to the delay by the State in approving the proposed system, SEH had over spent the alloted costs for the preparation of this system. The bill as sub- mitted would be over and above the cost agreed upon. However, due to the additional time and work done by that firm, the City's State Aid for Street has increased by a considerable amount. Mrs. Elsenpeter moved to pay the additional costs of $1085.76 and send and letter of commendation to Mr. Glenn Van Wormer. Seconded by Mr. Marier. Motion carried uannimously. Mayor Benson asked if any more information had been received on the status of the improvements at the 49 Club and Mr. Schumacher said he did not have any information. Mayor Benson requested that this be followed up and reported on at the next meeting. The Clerk reminded the Council that the next meeting will be held on Tuesday, December 27, 1983 due to the holdiays. 150 Council Meeting December 12, 1983 Mrs. Elsenpeter noted this would be her last meeting since she would be unable to attend on December 27, 1983. Mayor Benson thanked her for her contributions to the City and to this Council and wished her luck. Mr. Kulaszewicz moved to adjourn at 9:22 P.M. Seconded by Mr. Marier. Aye These minutes were considered, corrected and approved at a regular Council meeting held on December 27, 1983. .);)L-t-ft- Edna L. Sarner, City Clerk Council Meeting December 27, 1983 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., December 27, 1983 by Mayor Benson with Council members Reinert and Marier present. Council members Kulaszewicz and Elsenpeter absent. Council member elect, Bohjanen was present. Mr. Burke, substituting for Mr. Hawkins, Mr. Schumacher, Mr. Kluegel, and Mrs. Sarner were also present. MINUTES - DECEMBER 12, 1983 Mr. Reinert moved to approve the minutes as presented. Seconded by Mr. Marier. Mayor Benson asked that the statement made in reference to Questions 2 & 3 be typed into the minutes. Motion to approve as corrected carried unanimously. DISBURSEMENTS - DECEMBER 27, 1983 Mr. Marier moved to approve the disbursements as presented. Seconded by Mr. Reinert. Motion carried unanimously. OPEN MIKE There was no one to appear under this item on the agenda. RESOLUTION #83 -31 - 1984 FINAL BUDGET Mayor Benson asked if the money for the Centennial Recreation program was still in the budget and Mr. Schumacher said. Yes. Mr. Marier questioned the anticipated CDBG Funds and Mr. Schumacher said there should be approximately $33,000.00 for 1984. MR. Marier asked if there were any proposals as to how this money will be used and MR. Schumacher said there are several possibilities but no