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HomeMy WebLinkAbout05/13/1985 Council Minutes178 COUNCIL MEETING May 13, 1985 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:05 P.M., May 13, 1985. Councilmembers present: Bohjanen, Reinert, Marier. Members absent: Kulaszewicz. City Attorney, Bill Hawkins; City Engineer, John Davidson; Build- ing Official, Pete Kluegel; and Clerk - Treasurer, Marilyn Anderson were also present. Mr. Volk, Public Works Director arrived later. CONSIDERATION AND APPROVAL OF MINUTES April 18, 1985 Work Session - Mr. Marier moved to approve these minutes as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. April 22, 1985 Special Meeting - Mr. Reinert moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried unanimously. April 22, 1985 Regular Meeting - Mrs. Anderson asked that on page four, first paragraph, third line from the bottom be amended as requested by Donnell Realty to include "and a 60 -foot right -of- way." Mr. Marier said that was the intention of his motion. Mr. Bohjanen moved to approve the minutes as corrected. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - April 30, 1985 - Mr. Marier moved to approve the disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously. May 13, 1985 - Mr. Marier asked about the difference in fees for legal publications for Press Publication and Sell Publication. Mr. Schumacher explained that Presss Publication is the City legal newspaper and their fee includes public hearings, notices, ads, as well as the notice of land sale. Sell Publication is notice of land sale only. Mr. Bohjanen moved to approve the disbursements as paresented. Mr. Reinert seconded the motion. Motion carried unanimously. OPEN MIKE Mrs. Susan DuFour appeared and stated she "was here prior to March 12, 1985, Mr. Hammes coming and abusing me. Last Council meeting Mr. Campbell talked to Mr. DuFour and told him he was not going to bring the issue up. My husband left and then Mr. Campbell stated that we abused our children in the past and I'd like to have proof of that." She asked "where is Mr. Campbell ?" Mayor Benson said he is not here tonight. Mrs. Dufour said "second she would like to have the complaint on the siding from Mr. Hawkins." Mr. Hawkins said he did not know what she was referring to. Mrs. DuFour said 'thesiding on 1 1 1 1 1 COUNCIL MEETING May 13, 1985 Page Two my home 875 Old Birch Street, you've been complaining about it for three years, I'd like to have a copy of the complaint:' Mayor Benson said he said it wasn't the City Attorney and asked Mr. Kluegel if he has been following up on this. Mr. Kluegel explained to Mrs. DuFour he has sent her a letter in the past. Mrs. DuFour asked for a copy of the letter and said she "nad nothing on it and would like to have it." Mayor Benson said this has been discussed with Mr. & Mrs. DuFour in the past on several ocassions. Mrs. DuFour asked "when was this discussed ?" Mayor Benson said about two years ago when you and your husband were in here. Mrs. DuFour asked'when we got a building permit, when we paid for it." Mayor Benson said when the Council was in the old chambers. Mrs. DuFour said, "oh, you mean when you gave me a special use permit for the trailer and then a man came and pulled a well without a permit and you gave me a ticket and then we went to court and it was dismissed by the judge, is that the one you mean ?" Mayor Benson said it was after that, you are talking about a letter about your siding and you were in the Council Chambers. Mrs. DuFour said "well, where is this letter now, before we pulled the second permit ?" Mayor Benson said the Building Inspector will give you a copy of the letter. He asked if there is siding on the house. Mrs. DuFour said "three years the permit goes for legally, right ?" Mr. Kluegel said initially when you pull the permit you have six months to start building according to State Building Code. Once you have started construction you have another six months grace period and if construction has not started, then a new permit is required. Mrs. DuFour asked "so, has there been a problem on that Pete ?" Mr. Kluegel said it hasn't been completed yet. Mrs. DuFour said "he did pull a permit recently now before you sent the officer out to abuse me." Mayor Benson said Mr. Kluegel did not sent the officer out. Mrs. DuFour said, "Marilyn Anderson did, I've heard the accident is that so Marilyn ?" Mayor Benson said we are talking about a permit now. Mrs. DuFour said, "no, we are talking about the police coming out." Mayor Benson said no, you are asking about a permit now, what are you asking about, a copy of a letter dealing with a request to have your siding completed? Mrs. DuFour said, "yes, I would like to have a copy of the complaint on the siding." Mayor Benson asked Mr. Kluegel to get this to Mrs. DuFour and asked if neces- sary write another letter to her for her file. Mrs. DuFour said, "and also I want copies of Mr. Campbell's statement from the last meeting about the abusing of my children. Richard isn't here, he stated he has had trouble with us in the past, I'd like to have a copy of that." Mayor Benson said according to the minutes this was stated. Mrs. DuFour said, "it was in the newspaper." Mayor Benson said the newspaper is not the legal document of the City. Mr. Marier said the City has no control over what is printed in the newspaper. Mrs. DuFour asked, "where is Mr. Campbell's papers on this? Where is Mr. Campbell's investigation papers on this complaint ?" Mayor Benson said he thought they would be in Mr. Campbell's file. 179 180 COUNCIL MEETING May 13, 1985 Page Three Mrs. DuFour asked, "can I get a copy of them tonight ?" Mayor Benson said no. Mrs. DuFour asked, "can I get a copy of them tomorrow morning ?" Mr. Hawkins said, this is pending litigation. Mrs. DuFour asked, "when did the pending of the litigation start? Is this from March 12 ?" Mr. Hawkins said you are pre- sently charged with assault are you not? Mrs. DuFour said, "no, I did not, he abused me, I have a witness, I have a doctors . . " Mr. Hawkins said Mrs. DuFour is charged with assault, so there is pending litigation. Mrs. DuFour said, "no, I am not the only one, there is a lady here from the community that also had trouble with the Police Department." Mr. Hawkins said you are charged with a crime at the present time. Mrs. DuFour said, "there wasn't, well then I'd like to have a copy of that." Mr. Hawkins said you have a copy, you have a lawyer, you have been to court, you have a copy of the complaint, you have been given a citation. Mrs. DuFour said, "a copy of what, complaining of child abuse." Mr. Hawkins said charging you with a crime of assault on the police officer, the matter is currently pending before the Anoka County court. Mrs. DuFour said, "right, where is Mr. Campbell's investigation on this, a copy of it." Mr. Hawkins explained while this matter is pending and you are being prosecuted those matters are not going to be disclosed to you unless you make proper request through your lawyer or public defender and he will make the arrangements and file the necessary papers. Mrs. DuFour said, "I have a public defender, so you have no copies of either of these." Mr. Hawkins said the documents will be supplied pursuant to the rules of criminal procedure through your lawyer. Mrs. DuFour said, "OK, that's all I have to say." Mrs. Judith Seekon, 889 Main Street, Lino Lakes - Mrs. Seekon said "I am here to back Susan DuFour and several other neighbors in my neighborhood who have been abused by the Police Department by harrassment and physical abuse. I just gave Marilyn, the Clerk three copies, one for you, Mr. Benson, one for the members of the Council and one for the Chief of Police. They were signed by residents out here, I have another copy going around in other areas of Lino Lakes and we are charging the Chief of Police and the Police Department with brutality, well, it's all wrote down there, it's all on the petition." Mayor Benson explained the City initiated a Police Task Force well over a year ago to investigate the Police Department and this was done and made some recommendations. Also the City has a new Police Chief that's been on the job about a month and the reports from the City are substantiating that he is making inroads within the community and people are pleased with him and his openness in dealing with the people. He explained to Mrs. Seekon that the City is ahead of here in this matter, in that the Council has already been working on it for over a year. Mrs. Seekon said, "I hope so, but some of the staff has happened since between the new Chief taking over and when Mr. Myhre retired, much of the stuff has happened since then." Mayor Benson thanked Mrs. Seekon. 1 1 COUNCIL MEETING May 13, 1985 Page Four ENGINEER'S REPORT A. Ash Street Sewer Update - A joint powers agreement has been drafted by the attorney for the City of Shoreview. He, their Engineer and City Attorney have prepared a second draft of the proposal and the next step is to bring this to the Lino Lakes City Attorney and staff for final review and then to both Councils for final action. This document would provide for those properties that are adjacent to existing systems to connect immediately or when they choose. Mr. Davidson also suggested a unit charge and equalized benefits along the entire length of Ash Street. B. Bridge, 80th Street - Mr. Davidson asked for authorization to prepare the necessary documents for application of bridge funds. He will also be coming back to the Council with a resolution asking the Council to set bridge prior- ities. There are presently two bridges on the City system, one on 80th Street and one on Hardwood Creek. Mr. Ruud has not completed his survey work along 80th Street and will have the right -of -way plan prepared later in the summer. Mr. Davidson explained bridge funds are allocated on a priority basis and since the 80th Street bridge is on a proposed County State Aid, state funds can be used. This would be 100% for the construction. The City would be obligated to remove the old bridge, could be up to $20,000.00. Mr. Davidson said the County has encumbered the funds, but the design plan has not been completed. Mr. Marier said it appears that this may have been put on the back burner of the County and should be discussed at the May 15th Special Council Meeting. Mr. Marier moved the allocation of bridge funds for the 80th Street bridge. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Schumacher asked what percentage of the engineering bill would be paid through state aid. Mr. Davidson said if 80th Street is left on the state aid system, MSA funds can be used for engineering. The bonding program is 100% for the construction cost only. Acquisition of the right -of -way and engineering for bridge construction is the City's obligation. He estimates $5,000.00 for demolition of the bridge and $15,000 for engineering and acquiring the right -of -way. C. Status of South Central Utility District - The final design plan for the extension of the sewer interceptor along North Road is being prepared and Metro Waste Control is looking at advertising for bids in August and beginning construction sometime in September or October and having construction completed by the end of the year. 181 182 COUNCIL MEETING May 13, 1985 Page Five Mr. Schumacher has been working with the two developers who are interested in this outlet. Mr. Gearman has sent a. letter to the City asking the project to proceed. Mr. Ulmer is also interested and is working on getting his letter of credit. Since Mr. Gearman's subdivision is approved and he is waiting for utilities it would be unfair to delay him further and Mr. Schumacher asked the Council authorize the engineer to prepare plans and specifications to provide utilities to his subdivision contingent upon Mr. Gearman supplying the City with a developer's agreement and letter of credit. It would be up to the Council to decide how to handle Mr. Ulmer's situation, either bring sewer up to his property line or requiring any options. Mr. Marier said he felt Mr. Ulmer's request should be handled in the same manner as Mr. Gearman's. Mr. Marier moved to authorize the engineer to go ahead and start developing the engineering plans for Rice Lake Estates, with the letter of credit and developer's agree- ment on file at the City Office. Mr. Gearman asked what the amount of the letter of credit will be. Mr. Schumacher said it will be based on the engineer's estimate. Mr. Reinert asked what is the status of Rice Lake 3rd Addition if they do not proceed with the letter of credit and getting the utilities up to this property, do they develop in one acre lots. Mr. Hawkins said under the present ordinance, he can continue to develop one acre lots. Mr. Marier said the City cannot force Mr. Ulmer to do anything. Mr. Reinert asked if the City bumped the sewer and water up against his property line would he be obligated to put in sewer and water. Mr. Schumacher said he would be obligated to pay for his assessment that benefits his property. Mr. Davidson pointed out the only effect of not servicing Rice Lake 3rd Addition would be in the size of the lift station, could proceed with Mr. Gearman's project and deal with the Ulmer extension separately. Mr. Schumacher said Mr. Ulmer is interested in developing his property with sewered lots. His problem is obtaining his letter of credit for the entire package of bringing sewer to his property and servicing his property. He would write a letter to the Council telling them he would support the extension and would be more than happy to pay for his assessments. 1 1 1 1 COUNCIL MEETING May 13, 7985 Page Six Mr. Bohjanen seconded Mr. Marier's motion. Mayor Benson asked if the engineering costs are the same if the project is done in segments or as a whole. Mr. Davidson said the same. On the motion, motion carried unanimously. (See Resolution 85 -09 on page six (b). D. Sealcoat Program - Mr. Davidson has written letters to MarDon, Zaudtke, Orange Street and Carl Street stating streets installed by H & S did not provide adequate mix and will need to sealcoat. He suggested these three streets be added to the joint powers agreement with Anoka County for inclusion in its bituminous sealcoat program. ATTORNEY'S REPORT A. Second Reading - Ordinance #04 -85, Platting Procedure • - Mr. Hawkins noted the Clerk will have to record this ordinance with the County Recorder. Mr. Marier moved to adopt this ordinance and dispense with the reading. Mr. Reinert seconded the motion. Motion carried unanimously. This ordinance is recorded in its entirety in the May 13, 1985 minutes. B. Second Reading - Ordinance #06 -85, Park Dedication - Mr. Hawkins noted the Clerk will have to record this ordin- ance with the Anoka County Recorder. Mr. Reinert moved to adopt this ordinance and dispense with the reading. Mr. Bohjanen seconded the motion. Mayor Benson commented he did not agree with the way the $160.00 was arrived at and is not in favor of it. On the motion, motion carried unanimously. This ordinance is recorded in its entirety in the May 13, 1985 minutes. C. Second Reading - Ordinance #03 -85, Fee Schedule - Mr. Reinert moved to adopt Ordinance 03 -85 and dispense with the reading. Mr. Marier seconded the motion. Motion carried unanimously. D. Gambling License Application, Jacobsen Memorial Legion #487 - Mr. Hawkins updated the Council regardingthe new state laws governing gambling licenses. Until further action is taken by the State, the City has control over gambling license applications. This application is in order. Mr. Marier moved to approve this application. Mr. Bohjanen seconded the motion. Motion carried unanimously. 183 184 RESOLUTION #85 - 09 COUNCIL MEETING May 13, 1985 Page Six (b) RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS. WHEREAS, a Resolution of the City Council adopted the 26th day of November, 1984, fixed a date for a Council hearing on the proposed improvement of North Road from the West City limits to Lake Drive, South on Highway #49 to Rice Lake Estates, North on 2nd Avenue to Ulmers Rice Lake 3rd Addition pursuant to a petition of affected property owners, and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 27th day of Dec- ember, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS,. a period of sixty (60) days has elapsed after the . public hearing and no petitions have been filed ag- ainst the improvement as provided in Section 8.04, Subd. 1, of chapter 8 of the Lino Lakes City Charter. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such improvement is hereby ordered as proposed in "A" as outlined in the TKDA Supplemental Report entitled "Proposed 1984 Improvements - Rice Lake Estates Utility and Street Improvements" except Ulmers Rice Lake 3rd Addition and 2nd Avenue, dated January 12, 1984. 2. Such improvement is also contigent upon the sign- ing of the City's standard developers contract. 3. Mr. John Davidson of TKDA is hereby designated as the Engineer for this improvement. He shall pre- pare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of May, 1985. (1.[Ci_`1c(f_ A_v j Marilyn G( Anderson, Clerk - Treasurer enjamin . Benson Mayor 1 1 1 1 r..,. COUNCIL MEETING May 13, 1985 Page Seven E. 7:30 Public Hearing, Otter Lake Drive Vacation - Mayor Benson opened the public hearing at 7:45 P.M. Mr. Schumacher explained that Otter Lake Drive was originally recorded many years ago as being 66' wide. Mr. Hansen platted Otter Lakes Estates and in the plat Otter Lake Drive was described as 60' wide. There has been a request to vacate 6' of the street width to eliminate the question of descrip- tion on properties bordering the street. Notices have been sent to benefitting property owners with notation that the expense of the related cost of approximately $1,400 would be the responsibility of the benefitting property owners. Mr. Marier moved to approve the vacation of 6' of width of Otter Lake Drive and the expense is the responsibility of the benefitting property owners. Mr. Bohjanen seconded the motion. Motion carried unanimously. • Mr. Bohjanen moved to close the public hearing at 7:46 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. F. 7:35 P.M. Public Hearing - 49 Area Sewer Rates — Mayor Benson opened the publi -c hearing at 7:48 P.M. Mr. Schumacher explained Shoreview has raised the sewer rate charge for the portion of Lino Lakes serviced by the Shoreview utility. The increase is approximately 5% and the rates suggested in the memorandum dated April 12, 1985 to the Council pass on the rate increase to the users. There was no one in the audience to speak for or against the rate increase. Mr. Marier moved to close the public hearing at 7:50 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Marier moved to adopt the new rates as outlined in the April 12, 1985 memorandum to the Council. Mr. Bohjanen seconded the motion. Motion carried unanimously. FIRE DISTRICT - QUARTERLY REPORT Mr. Neil Benjamin presented the first quarterly report of the Centennial Fire District. He reported everything was going well and noted most fire calls were for Lino Lakes. The issues still to be resolved are depreciation and valuation of the equipment. Mr. Rapp, City Administrator from Circle Pines has told Mr. Benjamin that within 30 to 60 days someone will be hired to prepare this information. 186 COUNCIL MEETING May 13, 1985 Page Eight Mr. Reinert asked the status of the pull back of one fire vehicle from Circle Pines. Mr. Benjamin explained Circle Pines had intended to sell one vehicle prior to the formation of the new fire district. This was not done and the vehicle became a part of the fire district. Mr. Reinert felt if the Circle Pines Council feels this a problem it should be dealt with. However, if this is just a problem for Craig Rapp, this Council can forget about it. Mayor Benson felt this was a closed issue and said a letter to this effect could be supplied to Circle Pines. Mr. Benjamin said the District is keeping in budget except in the area of salaries and insurance. Currently, the District is trying to obtain another water transport. Both of the existing relief associations have to be resolved by July and there is a bill in the state legislature dissolving the Circle Pines and Centerville associations and establishing an association for the Centennial Fire District. Mayor Benson thanked Mr. Benjamin for coming this evening. 8:00 PUBLIC HEARING — CONDITIONAL USE PERMIT, BRUCE HANSEN, SURFSIDE SEAPLANE BASE Mayor Benson opened the public hearing at 8:00 P.M. Mr. Kluegel explained this is a request for an amended conditional permit request for Mr. Bruce Hansen and site and building plan approval for pole barn of approximately 5,000 square feet to be used as a hangar. The land is presently zoned expansion residential. The Planning and Zoning Board has recommended approval with the stipulation that the building be constructed in accordance with the building code, that no additional signage be allowed and all tires, barrels and miscellaneous material be removed or stored in the building, no exterior storage of various parts and that the site and building plans be followed. Mr. Hansen noted that the floats from the airplanes will have to be stored outside and parked along the landing area in a line. It would require an extremely large building to store these. Mr. Marier moved to close the public hearing at 8:05 P.M. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1 1 1 1 COUNCIL MEETING May 13, 1985 Page Nine Mr. Marier moved to grant the conditional use permit with the following stipulations: building to be constructed in conformance with the building code, no additional signing be allowed, all tires, barrels, debris such as the metal material in the runway be removed and no storage outside the building of any kind with the exception of airplane floats and beside the site and building plans must be followed. Mr. Bohjanen seconded the motion. Motion carried unanimously. 8:10 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT. MIKE ASKAY. NON - RESIDENTIAL BUILDING IN AN AREA WITHOUT SANITARY SEWER Mayor Benson opened the public hearing at 8:10 P.M. Mr. Kluegel explained this request is for the construction of an insulation storage and office building to be located in the Lino Industrial Park. It involves the construction of a 2,000 square foot pole type structure, brick front, wood paneling, dressed up' front. The site and landscaping plan and the drainage plan are part of this submittal. This requires the installation of a 1,250 gallon septic tank and 500 square feet of drainfield and the engineer has reviewed the - specifications and conditions. The Planning Board approved the request subject to the following requirements; topography, storm water drainage plan and erosion control measures must be taken as soon as practical after construc- tion starts, the landscaping plan be amended to include increased landscaping in front of the building as discussed, the truck and trailer at all times be parked in the rear of the building and any signs be in accordance to the sign ordinance. Mr. Henriksen from the audience asked what type of materials will be stored in the building. Mr. Askay explained it would be insulation materials and electronic parts. There will be no chemicals. Mr. Reinert moved to close the public hearing at 8:13 P.M. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Marier moved to grant the application for a conditional use permit to Mike Askay for site and building plan approval and conditional use permit for on -site septic system the condi- tions to be met as recommended by the Planning and Zoning Board. Mr. Bohjanen seconded the motion. Motion carried unanimously. The Council took a five - minute break. 8:20 PUBLIC HEARING - CONDITIONAL USE PERMIT - MARLIN HANSEN. SHORELAND MANAGEMENT ORDINANCE Mayor Benson opened the public hearing at 8:20 P.M. Mr. Kluegel explained it is a request for a detached rural storage building to be constructed within the Shoreland Management area. The 1'87 COUNCIL MEETING May 13, 1985 Page Ten building is 985 square feet, is to be the same type construction as the house, single story, matching the home, same roof pitch, to house garden tractor, antique car, catamaran and a pontoon boat, will not be used for human habitation. The area is zoned rural and the Planning Board recommended approval provided the present homesite is combined with the adjacent twelve acre parcel also owned by Mr. Hansen. Mr. Reinert asked if the City has sole discretion for approval of this application. Mr. Kluegel said yes, our Shoreland Manage- ment Ordinance was approved by DNR, they will be notified of the stipulations. Mrs. Alban Letourneau of 2018 Otter Lake Drive said that there are covenants at Otter Lake Estates, one states that an out building cannot exceed 24' X 36' or 864 square feet and a nine foot ceiling and cannot house more than four passenger cars: Mr. Hansen said his property is not in the Otter Lakes plat and those covenants do not affect his property. He stated he needed more room to house his antique car and boats. Mr. Letourneau said you requested a building for a boat house, you should have a storage shed and be in line with the houses presently there. Mr. Hansen said -he planned to do this. Mr. Letourneau said he felt it was too big of a building and Mr. Hansen should comply with the covenants in the area. Mr. John Kinneberg said he felt the size of the building was not appropriate for the area and felt his lot was too small. He asked what will happen to this building five and six years down the road. After discussing the size of Mr. Hansen's lot and the adjacent 12 acres, combining the two parcels, discussing the primary use of the building, the vehicles he already owns, whether the size of the garage could be scaled down, Mr. Reinert asked the people in the audience if they preferred Mr. Hansen store all his vehicles and boats outside. Mr. Kinneberg said Mr. Hansen already has a four car garage and his pontoon boat has sat outside for a long time already. The Planning Board had recommended that if Mr. Hansen combines his two parcels of land together and record it as one parcel of property a 1,000 square foot building could be approved. Mr. McLean said the size is unappropriate for the neighborhood and could be scaled down. Mr. Marier asked if there will be access to this building from the street. Mr. Hansen said yes, he will have a driveway so it will look just like a garage. 1 1 1 1 1 1 COUNCIL MEETING May 13, 1985 Page Eleven Mr. Marier moved to close the public hearing at 8:45 P.M. Mr. Bohjanen seconded the motion. Motion declared passed. Mayor Benson asked if the Council could stipulate the location of the building. Mr. Hawkins said by ordinance if there are criteria reasons that relate to the standards that the Council consider such as health, safety, effect on adjacent properties then you can impose conditions as part of the motion. He pointed out that when issuing conditional use permits the Council is obligated to make specific finds based on the ordinance. He read the criteria from the ordinance. Mr. Marier moved to approve the conditional use permit for a storage building 24' X 36' and the two parcels be combined, the building not be used for habitation and no sanitary facilities be permitted and no living quarters be permitted. Mr. Bohjanen seconded the motion. Motion passed unanimously. Verification of the land combination must be presented to the Clerk. Mr. Kluegel said he will be bringing in all the conditional use permits for Council consideration. MARY SUNDELL -7702 LAKE DRIVE Mrs. Sundell who lives across 77th St. from Schwans Ice Cream was here because she has a problem with the noise there on a continual basis. The semi - trucks are approximately 30 feet from her bedroom window. The manager of Schwans had spoken at a recent Council meeting and she felt everything that was said at this meeting was not put in the minutes. Basically she and her children just can't sleep at night because of the noise from Schwans and she said she could not take it any more. Mayor Benson read a letter received from David Kelso of the Pollution Control Agency noise monitoring service. The noise level is 10 decibels above noise level allowed during nightime. Mrs. Anderson prepared a copy for Mrs. Sundell. Mr. Kluegel said the manager has received a copy of the letter and the burden is on them to comply with these standards or discontinue operation. Mrs. Sundell said there are other noise problems from Schwans such as the vibration of the metal building when they are unloading shouting over the trucks, a lot of obscenities have been used and also a lot of banging of boxes that go on a conveyor belt and because or the metal building, they just throw the boxes on it. 189 190 COUNCIL MEETING May 13, 1985 Page Twelve Mayor Benson said if they are within the noise level there is nothing the Council can do. Mrs. Sundell said, you mean even if it is 2:00 A.M., it is alright to bang boxes against a tin building. Mayor Benson said the Council has to follow state guidelines on noise pollution levels. Mrs. Sundell said she has a valid complaint because of the vibration. Mayor Benson said there would have to be a noise reading level. Lino Lakes does not have a noise ordinance that restricts noise during certain hours. Mayor Benson said the City follows state guidelines. Mayor Benson thanked Mrs. Sundell for coming. CONSIDERATION OF APPOINTING MARGIE ROISUM, CITY ASSESSOR 1985 - 1986 Mr. Bohjanen moved to appoint Mrs. Roisum City Assessor for 1985 - 1986 as recommended in Mr. Schumacher's memorandum to the Council dated May 9, 1985. Mr. Reinert seconded the motion. Motion passed unanimously. CONSIDERATION OF THE POLICE ADVISORY TASK FORCE FINAL REPORT 1 Mr. Reinert moved to table this item until the report is com- pleted. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION OF AN APPLICATION TO THE LINO LAKES PARK AND RECREATION BOARD Mr. Marier moved to appoint Joseph A. Sacco of 46 Gladstone, Lino Lakes to the Park and Recreation Board. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR INCLUSION OF ITS BITUMINOUS SEALCOAT PROGRAM Mr. Volk said the joint powers agreement does not address sweeping and inspection. He checked with the County and was told the contractor who is awarded the bid sweeps the street and Anoka County does the inspections. Sweeping can be negotiated after the bids are let. It is Mr. Volk's recommendation to go ahead with the agreement and if the results are not satisfactory after the bid letting when costs are known, the City can cancel the agreement within 30 days after bid letting. Mr. Marier moved to enter into a joint powers agreement with Anoka County for bituminous sealcoating for 1985 to include Orange Street, Carl Street and MarDon Acres. Mr. Reinert seconded the motion. Motion passed unanimously. 1 1 1 1 COUNCIL MFFTING May 13, 1985 Page Thirteen CONSIDERATION OF SUBMITTING A BID FOR USED STREET SWEEPER Mr. Volk explained a sweeper owned by the City of Oakdale is not is use and is in very good condition and is well maintained. Our present sweeper needs about $4,000 work of repair and the sweeper at Oakdale may be purchased for $2,500.00 Mr. Schumacher said this could offset some of the costs of sealcoating. The old sweeper probably can be sold, if not the rear engine can be used in the City generator. Mr. Reinert asked where the money would come from. Mr. Schumacher explained from the capital improvements fund which presently has a balance of approximately $14,000.00. Mr. Marier moved to purchase the street sweeper from Oakdale. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY FOR THE UPGRADING OF 80TH STREET Mr. Marier moved to approve the agreement. Mr. Bohjanen seconded the motion. Motion passed unanimously. CONSIDERATION OF AWARDING BID ON NORDIN MANOR LOTS TO ROYCE ZAUDTBE Mr. Schumacher explained two bids have been received for the Nordin Manor lots. R & J Company bid $6,100.00 for each lot for a total of $24,400. Zaudtke Construction bid $7,000.00 per lot for a total of $28,000.00 Mr. Reinert moved to award the sale of these lots to Zaudtke Construction with a high total amount of $28,000 or $7,000 for each of the four lots and authorize the Mayor and Clerk to execute the deeds to the high bidder. Mr. Bohjanen seconded the motion. Motion carried unanimously. NEW BUSINESS A. League Annual Conference - An agenda is included in every- one's packet. If anyone interested in attending contact City Hall so that you can be pre- registered. B. Advertise 14 Lots on Blackduck - The City has received a bid and a proposal for these lots. Mr. Schumacher is in the process of talking to the developer who submitted the proposal and will bring this up at the next Council meeting. C. Special Council Meeting - A special Council meeting has been set for 7:00 P.M. Wednesday, May 15, 1985 with Rice Creek Watershed District and Anoka County regarding the 4th Avenue drainage problem. 191 192 COUNCIL MEETING May 13, 1985 Page Fourteen D. Agenda Items - Mr. Schumacher explained there was concern from the press about being able to pick up information on agenda items on the following day. Staff meetings are held on the morning following Council meetings so Mr. Schumacher suggested that if the press has any questions dealing with any agenda items or any City business they should handle this right after the Council meetings. E. Chief of Police Memo - 4 Wheel A11- Terrain Vehicle Chief Campbell is looking at promoting safety classes and concepts of these vehicles, what the law is, etc. Mr. Reinert moved to authorize the use by the Police Depart- ment of a 4 -wheel all terrain vehicle to include insurance and maintenance of the vehicle. Mr. Marier seconded the motion. Motion declared passed. • OLD BUSINESS A. Set Meeting - Work Session, Audit - June 10, 1985, 5:30 P.M. - Mr. Reinert will not be here, nor Mr. Marier. Mr. Schumacher will reschedule this meeting. B. Vehicle Auction - Mr. Volk noted that none of the vehicles sold at the auction so he is going to request sealed bids. C. Open House - Open House for the new Senior Center and New Council Chamber will be May 19, 1985 from 2:00 to 5:00 P.M. The next regular Council meeting will be Tuesday, May 28, 1985. Mr. Reinert moved to adjourn at 9:33 P.M. Mr. Bohjanen seconded the motion. Motion declared passed. These minutes were considered, corrected, and approved at a regular meeting of Council on May 28, 1985. r),-„Le,,spy) Marilyn CP. Anderson, City Clerk