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HomeMy WebLinkAbout04/22/1985 Council Minutes (2)1 1 1 COUNCIL MEETING April 22, 1985 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:20 P.M. April 22, 1985. Council members present: Bohjanen, Reinert, Marier, Kulaszewicz. City Attorney, Bill Hawkins; City Administrator, Randy Schumacher; Engineer, John Davidson; Building Inspector, Pete Kluegel; Pub- lic Works Director, Don Volk; Chief of Police, Dean Campbell; and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - APRIL 8, 1985 Mr. Kulaszewicz moved to approve the minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF MINUTES - APRIL 15, 1985 Mr. Marier moved to approve the minutes as presented. Mr. Boh- janen seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - APRIL 22, 1985 Mr. Reinert moved to approve the Disbursements as presented. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. OPEN MIKE Robert E. DuFour III - Mr. DuFour said, I am concerned about the way that the minutes are interpreted from the tapes. I think there should be an overseer to interpret the minutes as they are said and in the wordings they were said in, and not in any har- rassing type of manner. I noticed that when the minutes are always printed out they always seem to be deeply in the cities favor and yet the City does protect, defend and work with the people who sup- port it. I realize that reading the way they were written up about us and other people in the past that I think that there should be somebody to audit the way they are written before they are printed out and released to the public. Mr. Kulaszewicz asked who Mr. DuFour would suggest. Mr. DuFour said, I am not a Council Member as of yet and I would say that somebody who is responsible to, should do it. Mayor Benson said the Council does take notes and approves or disaproves the minutes or makes cor- rections as necessary. Mr. DuFour said, the way they are interpre- ted seems rather vague and loose once in a while. Mr. Kulaszewicz asked for an example. Mr. DuFour said I got the first one off the press when they came out and it is at home, you (the Council) do not have a copy of it. Like here it says, "Mr. DuFour explained that Mr. Kluegel had been communicating with him because he does not have sid- ing on the front of his house. Well the first way this read was she said I came in here and I was harrassing Pete Kluegel. Now when I came here two weeks ago I didn't even mention Pete Kluegel's name. I was talking to everybody else, Pete has never harrassed me in his 162 COUNCIL MEETING April 22, 1985 Page Two life. As far as I'm concerned Pete is a good guy. I just think half the things weren't even entered in here. I would like to know in regards to the incident, I've got a letter from Mr. Camp- bell stating that Officer Hammes worked in all regards of the law. First point, the man was out at my house at 7:00 in the morning. He talked to my wife, he hardly said nothing to her, pushed her around. When they came back at 1:00 they had ample time. We've talked to some people at the attorney general's office, we've gotten a lot of workout in the last few weeks. The Police Offi- cers had ample time to come out to our house with a search warrant if they wanted to search our house. How Mr. Campbell can now spread a report stating he acted professionally, I think concerns every person in this community because if that is the profession- alism that is allowed around here Sir, it is not professional. Mayor Benson told Mr. DuFour he is talking about agenda item #10 and it will be covered under that agenda item. Mr. DuFour said, I will not be able to come and speak about this then, I have work ahead of me yet tonight. Mayor Benson said if this is that im- portant to him he should forego the work and be here for that agenda item. Mr. DuFour said, I want to know why these tickets haven't been dropped giving, you know, you guys deal because I can't finish my house. It has already cost me $300.00, I've got a possible $1400 fine, 90 days in jail, 120 days in jail, for what? because these guys want to bust into my house and give us tickets in our living room? Mr. Kulaszewicz said, wait a minute; Mr. DuFour said, this is the truth sir. Mr. Kulaszewicz said you are rambling on here, and said he and the Council are well aware of what happened at his home and what has happened in the past. He told Mr. DuFour he has been given a lot of leeway by the Council and he asked Mr. DuFour to stick to one topic. Mr. DuFour said, I pay my taxes, my taxes are high enough, you guys rambled on here one day for half an hour about receiving money just to go to work. Now I have an opportunity to ramble if I so desire. Mr. Kulaszewicz said the Council also has an opportunity to cut you off. Mr. DuFour said, I am working on my house, when I'm through with my house I'm not embarrassed to say my house will be one of the nicest houses in the neighborhood and I'll be more than happy to pay my taxes on it. OK, I'm through with the house subject, matter of fact if I can't fix my house because of these tickets, I have to take out a permit in another three years and tie it up for six years, because it is going to cost me $2000 for these silly tickets that you gave me in my living room and my wife has had so much stress from this situa- tion, she has stress from her injury before and now these tickets are driving her to the grave. I'm serious. Mayor Benson said this would be talked about later tonight. He asked if Mr. DuFour had anything else to say about the minutes. Mr. DuFour said, I want to talk about the Park fees. Mayor Benson said the Council is not going to talk about Park fees tonight. Mr. DuFour said, the Park fees, I want to talk about how illegal they are for everybody to pay and some people don't have to pay. Mayor Benson said Mr. DuFour has talked about this before. Mr. DuFour said he would stick around for when the thing comes up. 1 1 1 163 COUNCIL MEETING April 22, 1985 Page Three PLANNING AND ZONING BOARD REPORT - PETE KLUEGEL A. Donnell Realty - Metes and Bounds Conveyance - Mr. Kluegel explained that this is for a metes and bounds subdivision of 76 acres currently zoned rural owned by Robert Lund- gren on Holly Drive. The subdivision has a 60' right -of -way that also extends to the northern boundary of the property, soil analysis has been prepared, letters from the Department of Natural Resources and Rice Creek Watershed District Board, are part of the file, a letter from the engineer with the recommended approval subject too; cash in lieu of land, Mr. Davidson's alternate #2 for road alignment; brush be cleaned out for line of sight access along Holly Drive; and the rec- ommendation of Zack Johnson in his letter of April 5, 1985 which recommends an 80' collector road rather than the in- tended local street with 60' right -a -way. In addition. there was a recommendation from one of the Planning Board Members that the City deviate from the rural standards and ask for 32' width asphalt pavement in lieu of the 24' rural standard. Mr. Reinert asked what reason is there to deviate from the rural standard. Mr. Kluegel said the member felt the 24' width was not adequate. Mr. Reinert referenced a previous work ses- sion regarding rural road construction and asked if the 24' width could be expanded. Mr. Davidson said he recommended the 32' width gravel with top 24' blacktop so that if there was storm sewer construction in the future the ditches could be filled and use the 32' top. Mr. Hawkins asked about the plan for constructing the roads, will building permits be requested before the road is in place. Mr. Kluegel explained they do not plan to build for approximately two years and the road will be constructed first. Mr. Hawkins said he wanted to see the abstracts covering this property to make sure the right parties are named be- cause there is a great deal of easement dedication. He also wanted to see the easement document. Normally before the City accepts these easements, the City should have a developer's agreement with the property owners stating when the roads will be put in, and to what standards and who will pay the costs. Also this agreement should state the people who own the lots now put the road in and will keep the lots until the road is in before marketing them. Mr. Don Nelson from the audience stated it was the intent to file the easements along with each filing for each parcel. There will be four owners of this property and they are fully aware that they cannot build any houses until there is an im- proved road installed. 1641 COUNCIL MEETING April 22, 1985 Page Four Mr. Marier moved to approve this subdivision stipulating there be a developers agreement as outlined by Mr. Hawkins, a review of all the abstracts and easement documents by Mr. Hawkins and subject to the recommendations of the Planning and Zoning Board and the conditions of Zack's Johnson's let- ter and that the road be installed according to the engin- eer's recommendations of a surface of 32' with a paved area of 24'and a 60' easement. Mr. Bohjanen seconded the motion. Motion carried unanimously. B. Audrey Burque - Metes and Bounds Conveyance - Mr. Kluegel explained this is an application for a subdivision in the Rural area for four lots all fronting on Otter Lake Road or County Road #84. The Planning Board asked the City Planner to determine a long range access plan for this entire area since it is the second request for a metes and bounds subdivision in this area. He showed the Council Mr. Johnson's recommendation for an east -west collector street. The Planning Board recommended approval of this request for a three.lot metes and bounds conveyance, with the following conditions: that the 30' easement on the east side of each lot be recorded; cash in lieu of land with consideration for - future park land be required east of these parcels and the conditions of the subdivision 35 which outlines the submit- tals required for this application. Mr. Kulaszewicz moved to approve the metes and bounds sub- division for Audrey Burque subject to the recommendations of the Planning and Zoning Board and subject to Mr. Hawkins review of the abstracts and easement documents. Mr. Reinert seconded the motion. Motion carried. • C. Bruce Hanson, Site and Building Plan Review, Conditional Use Permit (set public hearing May 13, 1985, 8:00 P.M. - Mr. Klue- gel explained that Mr. Hanson wishes to construct a hangar at Surfside Seaplane Base. The area is zoned Expansion Resi- dental and an amended Conditional Use Permit is required. Mr. Kulaszewicz moved to set the public hearing for May 13, 1985 at 8:00 P.M. Mr. Bohjanen seconded the motion. Motion declared passed. D. Paul Tubbs - Metes and Bounds Conveyance, Variance Lot Size - Mr. Kluegel explained this is the second request for a metes and bounds subdivision in the Rural Zone of the southeast cor- ner of Lino Lakes and also involves the access plan that Mr. Zack Johnson previously proposed. This plan has four parcels. Parcels C & D will be combined with existing homesites. These parcels are less than 10 acres and a variance is required. The reasoning for the variance is that the existing homesites are smaller than the required Rural lot size and adding these parcels will make the existing less non - conforming. Parcels 1 COUNCIL MEETING April 22, 1985 Page Five A & B are 10 acre parcels each with 330' of frontage and meets the requirements. There is a 40' easement on each parcel for a future collector street. The Planning Board recommended approval subject to the following conditions: a 40' easement be located between parcels A & B, that the parcels be combined with the Sorg and Nice properties be combined until one title, cash in lieu of lands and the variances for the two parcels under 10 acres be granted and justified because it makes the situation better than it is at present. Mr. Hawkins said here too he would require that he be al- lowed to review all abstracts and the document for the ease- ments. Mr. Reinert moved for the adoption of the recommendations of the Planning and Zoning Board and also the City Attorney. Mr. Bohjanen seconded the motion. A gentleman from the audience who said he plans tb purchase one of the 10 acre parcels asked what is the set back from the 40' easement... Mr. Kluegel explained 40' or 80' from the property line dividing the two acre parcels. He asked if the road was installed, who pays for the road. Mr. Da- vidson explained that under present policy abutting property owners would pay per front footage. The gentleman explained he did not have a need for it and did not want it constructed, was there a way to stop the construction. Mr. Hawkins ex- plained the easement continues into the adjoining property and if that were to be developed and there was more than 51% of the adjoining landowners who wanted the road constructed parcel A & B could be forced to contribute to the cost of the road. There was discussion about bringing sewer to these properties and it was explained it was zoned Rural to prevent forcing the need for municipal sewer until after the year 2000. Mr. Kulaszewicz moved to approve the two variances for lots C and D and these parcels are to be combined with the adjoin- ing home sites. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to approve the application of Paul Tubbs for metes and bound conveyance subject to the recommendations of the Planning and Zoning Board for lots A & B and that Mr. Hawkins review the abstracts and the easement documents. Mr. Marier seconded the motion. Motion carried unanimously. 165 166 COUNCIL MEETING April 22, 1985 Page Six E. Keith Apitz - Site and Building Plan Review - Mr. Kluegel explained Mr. Apitz is requesting approval of a 28' addition to the Video Revue Movie Center. This addition will not en- croach on the required set back from property line. The Planning and Zoning Board had recommended approval subject to: 50% buffer at the rear of the lot (preferably rose bushes) and a storm water drainage plan and the establish- ment of a handicap parking space. It was noted there should be two handicap parking spaces to serve both the Video Revue building and the J & K Liquor building. There was discussion regarding access to the rear of the building in case of a fire for emergency purposes. Mr: Apitz said there was plenty of access on the north side of his garage as well as a gate between the 49 Club and the Video Revue building. Mr. Kulaszewicz moved to approve the site and building ap- plication of Mr. Keith Aptiz as per Planning and Zoning Board recommendations with two handicap parking spaces including the buffer recommendation. Mr. Marier seconded the motion. Motion carried unanimously. F. Mike Askay - Site and Building Plan Review, Conditional Use Permit (set public hearing, May 13, 1985, 8:10 P.M.)- Mr. Kluegel explained this request is to construct a manufact- uring and office complex to be located in Lino Industrial Park. A Conditional Use Permit is required for construction of an on -site septic system. He told the Council he planned to approach the Planning and Zoning Board regarding elimin- ating this section from the ordinance. Mr. Marier moved to set the public hearing for May 13, 1985 at 8:10 P.M. Mr. Bohjanen seconded the motion. Motion car- ried unanimously. G. - Marlin Hansen - Conditional Use Permit, Boathouse Accessory Building, Shoreland Ordinance (Set public hearing for May 13, 1985 at 8:20 P.M.) - Mr. Bohjanen moved to set the pub- lic hearing for May 13, 1985 at 8:20 P.M. Mr. Marier seconded the motion. Mr. Marier asked how a boathouse could be located 50' off of the shoreline, should it not be listed as a storage building. Mr. Kluegel explained its principal use was to store Mr. Hansen's pontoon and catamaran boats. On the question. Motion carried unanimously. 1 1 167 COUNCIL MEETING April 22, 1985 Page Seven H. Sign Ordinance #05 -85, first reading - Mr. Kluegel explained he had taken the original draft back to the Planning and Zoning Board per the Council's request. There were several citizens and businessmen in that audience who spoke about the portable portion of the draft. The Board had felt if a portable changeable sign were mounted on a permanent base there would be no problem as they were no longer temporary. The Board felt they had reviewed this Ordinance end had made their recommendation and now the Council could do as they wish. Mr. Reinert said there were many different reasons for tem- porary signs and noted the need for some kind of control by permit as well as some maintenance. Mayor Benson said that temporary and portable signs should. be separated. After further discussion Mr. Reinert moved to table this item and take it up when the Council has more time. Mr. Kula - szewicz seconded the motion. Motion carried with Mr. Marier voting, No. 7 :30 P.M. - PUBLIC HEARING - FRANK SAMPAIR Mayor Benson opened the public hearing at 8:45 P.M. Mr. Kluegel explained the Conditional Use Permit request is for the horse breeding and boarding facility to be located on 24th Avenue north of Main in the Rural Zone on a 66 acre parcel. The Planning and Zoning Board did recommend' approval of this request and the house move -in request to include the activities of riding lessons, train - ing,.boarding, breeding, sale of horses and tack providing that the parking area be hard surface blacktop or concrete. In addi- tion there will be an indoor arena. Mr. Dale Eklin has recommen- ded that two septic mound systems be constructed, one for the house and one for the stable area for public use. Mrs. Sampair said they had not planned on installing a hard surface on the parking area initially. Mr. Davidson said the soil percolation rate is not very good and is concerned that the septic systems are designed and installed properly. Mr. Reinert asked about supervision and guidelines for manual septic systems. Mr. Kluegel said they are spelled out in WPC -40. Mayor Benson noted the concern of the dust problem along 24th Avenue. A resident on 24th said there is a lot of transient traffic on that street between 4:00 and 5:00 P.M. 168 COUNCIL MEETING April 22, 1985 Page Eight Mr. Lester Winter a resident on 24th Avenue said he is concerned about the water runoff from such a large building and improved track of land. Is there provision for their water to run off southwest on to the remainder of their property or will it dam up on his property. He noted there is tile that already is run- ning southwest. Mr. Floyd Peltier explained the present tile system and said if there is a great deal of water it could backup. However, one more barn could hardly make a great deal of difference. Mr. Davidson said if ditches are adequate along 24th Avenue and the highway ditch system is adequate he did not see that this was a problem. Mr. DuFour said that it should be their desire if they like to have the tar on their property or not, was that brought upon by Planning and Zoning for a higher tax base? Mayor Benson said it was a busi- ness and the business would create a lot of dust from cars going in and out. Mr. DuFour said it would be less of a problem than the dirt road out in front. Mr. Kulaszewicz moved to close the hearing at 8:58 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Kulaszewicz moved to approve the conditional use permit subject to the stipulation recommended by the Planning and Zoning and Engineer. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Bohjanen moved to approve the house move -in request. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. Mr. Kluegel said he will be presenting all the conditional use permits to the Council for their review probably the second meeting in May. ENGINEER'S REPORT Mr. Davidson handed out a finance and assessment policy draft and would like to establish another work session and review a standard policy for assessment procedure for all assessments for the City. He also prepared a work scope and authorization for engineering services for the 4th Avenue project. A cover letter that indicated through the preliminary design phase that could be adequate for a 429 procedure the engineering fees would not exceed $4,800.00. He had contacted two aerial contour photo companies and expected that the aerial maps could cost about $22,000.00 These maps could be sold to developers as the land develops. Some of the map costs could be paid for as part of the construction costs as those maps relate to the individual highway systems. To precipitate the action on the 1 1 1 1 COUNCIL MEETING April 22, 1985 Page Nine 4th Avenue project the Council could act on the resolution which was provided at the last meeting with authorization to go through the official public meeting and the contract could be written in such a way that the Council could abort the project at that point. The cost of the project at that point would not exceed $4,800.00. Mr. Davidson outlined what the preliminary design phase would include. There would be a pre- meeting with Anoka County and Rice Creek Watershed District to gather their information and determine the agency responsibilities; who would be responsible for what. Mr. Marier said the Council should know some answers on the project especially regarding finances before they make a decision. He asked what are the obligations of the other governing bodies. Mayor Benson said it is not a matter of doing or not doing the project. The City only has an easement over the LeBlond property for less than two years. He suggested a preliminary work session with our County Commissioner; Chairman of the County Board, Paul Ruud; Don Volk; and Rice Creek Watershed District. Mr. Marier moved to get ahold of the government bodies involved and set a special meeting for May 15, 1985 at 7:00 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mr. Davidson said he would prepare for this meeting under general engineering. ATTORNEY'S REPORT a. Ordinance #04 -85, Platting Procedure, First Reading - Mr. Hawkins explained.that the only change in this ordinance is that from now on every subdivision under 20 acres in size and 500' front footage will have to be platted. The Council does have the authority to waive the requirement because of hardship. Mr. Reinert moved to introduce Ordinance #04 -85 and dispense with the reading thereof. Mr. Bohjanen seconded the motion. Motion carried unanimously. Mayor Benson asked Mr. Hawkins why did the Council not have the ordinance last week in time to be included with the packets. He said he did not know they were on the agenda and were picked up from his office by the staff on Friday. 169 170 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 04 - 85 COUNCIL MEETING April 22, 1985 Page Ten AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDING PORT- IONS OF RESTRICTIONS ON FILING AND RECORDING CONVEYANCES REGULAT- ION CONTAINED THEREIN. The City Council of the City of Lino Lakes ordains: Section'1... Restrictions on Filing and Recording Conveyances Section 1001.16 of the Lino Lakes City Code is amended to read as follows: Section 1001.16. Restrictions on filing and recording convey- ances. No conveyance of land within the city shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to conveyance if the land described: (1) Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision regula- tions pursuant to a home rule charter, or (2) Was the subject of a written agreement to convey entered into prior to such time., (3) Was a separate parcel of not less than two and one -half acres in area and 150 feet in width on January 1, 1966, or (4) Was a separate parcel of not less than five acres in area and 300 feet width on July 1, 1980, or (5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width, or (6) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its coveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. 1 1 ORDINANCE NO. 04 - 85 COUNCIL MEETING April 22, 1985 Page Eleven In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the pro- visions of this section shall forfeit and pay to the city a penalty of not less than $100.00 for each lot or parcel so conveyed. The city may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. Section 2. Effective Date. This ordinance shall be effective thirty ( 0) days after its publication. Passed this /Z) day of 1985 by the Lino Lakes City Council. ATTEST: City Clerk - Treasurer b. Ordinance #06 -85, Park Dedication, First Reading - Mr. Hawkins explained this is the ordinance to change the park dedication requirements which resulted as the problem with the large lot development. The last sentence dealing with park dedication is the only change. Mr. Marier moved to accept Ordinance #06 -85 for the first reading and dispense with the reading. Mr. Kulaszewicz seconded the motion. Motion carried with Mayor Benson voting no. 171 COUNCIL MEETING April 22, 1985 CITY OF LINO LAKES Page Twelve COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 06 - 85 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY AMENDING PROPERTY DEDICATION PROVISIONS OF THE SUBDIVISION OF LAND REGULATIONS CONTAINED THEREIN. The City Council of the City of Lino Lakes ordains: Section 1. Property Dedication. Section 1001.14 of The Lino Lakes City Code is amended to read as follows: Section 1001.14. Property Dedication. The developer shall dedicate to the city a reasonable portion of the proposed subdivision for public streets, roads, utility easements, water facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements. In addition, the developer shall dedi- cate to the city land for public use as parks, play- grounds, trails or other open space; provided, however, that-the city may require an equivalent amount in cash from the owner or developer for part or all of the por- tion required to be dedicated to the city, based on the fair market value of the land at the time of the final plat approval. All cash payments so received shall be placed in a special fund by the city to be used only for acquisition, betterment or debt retirement related to parks, playgrounds, trails and open spaces. The portion of the property to be dedicated, or equivalent cash shall be determined by the open space, park, recreational or common area facilities which devel- oper proposeds to reserve and how much the city deter- mines that it will need to reasonably satisfy the open space and park requirements of the subdivision, both within and additional pressures caused outside the subdivision by the developer. This equivalent shall be $160.00 per dwelling unit to be constructed within such proposed development or ten (10%) per cent of the fair market land value of the development, whichever is»less. Section 2. Effective Date. This ordinance shall be effective thirty (30 days after its publication. Passed the / day of 1985 by the Lino Lakes City Council. 1 1 1 1 1 ORDINANCE NO. 06 -85 ATTEST: 1 Cwt � ti kL . 4,, LA CA-1 173 COUNCIL MEETING April 22, 1985 Page Thirteen Marilyn G. Anderson, Clerk- Treasurer PUBLIC WORKS REPORT Benjami G. Be s.n, Mayor Mr. Volk sent to the Council in their packets a revised and updated five year road plan. The sealcoat plan is updated through 1989 and the overlay program through 1987. Mr. Marier complimented Mr. Volk on the booklet he prepared. Mr. Volk explained the City will be bidding with Anoka County for its sealcoating. Mayor Benson asked if the road breakup throughout the City will be repaired. Mr. Volk said yes and he explained that the cost of the overweight permits will probably take care of expense of this repair. Mayor Benson asked if contractors will be asked to sealcoat their roads before dedicating them to the City. Mr. Volk said he will be discussing this with John Davidson and will be recommending this to the Council. The City policy or code may have to be changed. Vehicle Report - Mr. Volk sent to the Council a list of vehicles he wishes to sell and a proposal of two used vehicle purchases; one for the Building Inspector and one 3/4 ton pickup. He proposed selling the vehicles through a dealer's auction with a minimum bid amount and purchasing the two used vehicles through the same dealer's auction. In the future, any future outdated City vehicles will be included in the Hennepin County auction. COUNCIL MEETING April 22, 1985 Page Fourteen Mr. Marier asked how Mr. Volk determined the selling prices as outlined in his proposal. Mr. Volk explained he used the dealers NADA used car blue book price or average loan value and deducted for the high mileage and also deducted $1,000 because of the condition of the vehicles. Mr. Kulaszewicz moved to approve Mr. Volk's request. Mr. Reinert seconded the motion. Motion carried unanimously. POLICE REPORT a. DuFour Complaint - Chief Campbell had prepared a response to Mr. and Mrs. DuFour's complaint of police action at their residence on March 12, 1985. A copy of Chief Campbell's report was included with the Council packets. He said he has followed his guidelines which were mandated for response to the complaint. Mr. DuFour was not satisfied with Chief Campbell's response. Mayor Benson asked if the Lino Officer was the only officer at the residence. Chief Campbell said the Lino officer was assisted by the Circle Pines /Lexington squad and a person from County Social Services was also present. Mr. Reinert asked if Mr. DuFour's allegations regarding abuse to his wife were unfounded. Chief Campbell said the allegations are unfounded; the officer reacted to a'sensitive situation according to department guidelines in assisting the Social Service person. Since charges are still pending he felt he should not comment further. CONSIDERATION OF ORDINANCE #03 -85. FEE SCHEDULE, FIRST READING Mr. Schumacher explained this proposal does not adjust the fee but only the escrow or deposit portion. Consulting fees which are paid fiom tle contractors deposits or escrow have been increasing and the current requred deposits have not been sufficient to cover the costs. This ordinance would raise the amount of the deposit by $100.00 for a conditional use permit, rezone request, platting request, variance request and site and building plan review request. Mr. Reinert moved to introduce Ordinance #03 -85 and to dispense with the reading thereof. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1 1 1 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance # 03 - 85 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES CHANGING THE AMOUNT OF DEPOSIT FOR CERTAIN FEES. The City Council of the City of Lino Lakes, Anoka County, Minnesota, does ordain: 175 COUNCIL MEETING April 22, 1985 Page Fifteen Ordinance No. 2 of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on May 24, 1983, is hereby amended by changing the Deposit required for certain Fees: I. AMENDMENT. Section 9. Fees, of the Lino Lakes Ordinance No..2 is hereby amended to read as follows: Fees. No application for a Conditional Use Permit, Rezoning, Zon- ing Ordinance Amendment, Variance, or Site and Building Plan Review, shall be accepted or considered by the City Council or any other body of the City unless such application is accompanied by a deposit. The total fee for processing such application, which shall be paid Iby the petitioner to the City, shall be paid whether or not such application is approved or denied. The deposit shall be the total out of pocket expenses incurred by the City in processsing such app- lication, for such necessary items as, but not limited to attorney's planner's, and /or engineer's fees and costs, and any other costs incident thereto, and shall be in addition to a fee for the city staff services, to be paid to the city, which separate fees and de- poists shall be as follows: Conditional Use Permit Fee Rezoning Fee Platting Variances Site and Building Plan Review Fee $50.00 $50.00 $50.00 $50.00 $50.00 Deposit $300.00 $300.00 $600.00 $200.00 $300.00 + 1% of construction costs to insure com- pletion of improvements The Deposit shall not be considered as the total amount to be paid. The total amount shall be the actual amount expended plus the fee for the City Staff services. IAny unused portion of the required deposits will be returned to the petitioner. 176 ORDINANCE # 03 - 85 COUNCIL MEETING April 22, 1985 Page Sixteen The fees established herein may be changed by the City Council from time to time, by resolution, a copy of which shall be on file in the office of the City Clerk- Treasurer and available for inspection during regular city office hours. II. Save as above amended, said Ordinance No. 2 shall stand as initially passsed and as previously amended. This Ordinance shall be in full force and effect from and after its passage and publication according to the City Charter. Passed this /c3 day of ATTEST: , 1985. Benjam'n G. Benson, Mayor Marilyn G. ✓Anderson, Clerk - Treasurer OLD BUSINESS There was no old business. 1 1 COUNCIL MEETING April 22, 1985 Page Seventeen NEW BUSINESS a. Appoint City Fire Marshall - Mr. Schumacher presented a proposal to the Council for appointing a Fire Marshall. There is a real need for a Fire Marshall, however, the Centennial Fire District felt it would take a considerable amount of time to outline this position and Chief Berg felt it would be later in the year before a district Fire Marshall would be appointed. Therefore, Mr. Schumacher has met with Mr. Gary Hunstad, the Fire Marshall in Circle Pines and his Assistant, Rick Bangert and they have agreed to act as Lino Lakes Fire Marshalls until such time as the Centennial Fire District appoints a district Fire Marshall. Mr. Marier moved to accept Mr. Schumacher's recommendation as outlined in his memorandum dated 4/22/85. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. b. NSP Natural Gas Proposal - NSP was to propose a gas line extension into the southeast corner of Lino Lakes at the last City Council meeting. NSP dropped their proposal after checking with Mr. Bruggeman, developer of West Oaks and NSP, it was determined that North Central had contacted NSP and requested that they not make this application to the City. This is a conflict as the City has the authority to determine who extends gas service into the City. Mr. Marier asked if North Central has made any committment to service this area. Mr. Schumacher had contacted Mr. Bruggeman and he has not even been contacted by North Central. Mr. Marier asked that Mr. Schumacher contact NSP and ask them to present their proposal to the Council. Mr. Reinert asked if the Council will be dealing with the capital improvements portion of the fire district in relation to a new building. Mr. Schumacher explained there is committee already working in this area. The Fire Chief will be before the Council within the next month to update the Council regarding the fire district. Mr. Kulaszewicz moved to adjourn at 9:50 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved by a regular meeting on May 13, 1985. Marilyn G.` Anderson, City Clerk Benjamin G. Bens n, Mayor 177