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HomeMy WebLinkAbout05/28/1985 Council MinutesCOUNCIL MEETING 0 0 1 May 28, 1985 III The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M., May 28, 1985. Council members present: Bohjanen, Marier, Kulaszewicz. Mr. Reinert arrived at 7:25 P.M. Mr. Hawkins, City Attorney; Mr. Schumacher, City Admin- istrator; Mr. Kluegel, Building Inspector and Marilyn Anderson, Clerk- Treasurer were also present. CONSIDERATION AND APPROVAL OF MINUTES May 13, 1985 Regular Meeting - Mr. Marier moved to approve these minutes. /Ir. Bohjanen seconded the motion. Mayor Benson corrected the minutes as follows: Page two, 27th line, should read "if con- struction has not started, ".; page three, 8th sentence from bottom of page should read "within the community. "; page six, ATTORNEYS REPORT, B. the motion should read "motion carried unanimously." Motion carried on the minutes as corrected with Mr. Kulaszewicz abstaining. May 15, 1985 Special Meeting - Mr. Bohjanen moved to approve the minutes as presented. Mr. Marier seconded the motion. Mayor Benson noted a typing error on page seven, 9th paragraph, third line, "property ". The clerk said this has been corrected. Motion carried with Mr. Kulaszewicz abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS 1 May 28, 1985 - Mr. Marier moved to approve the disbursements. Mr. Kulaszewicz seconded the motion. Mr. Marier questioned the item under Community Development Block Grant, Kenneth C. Skoglund, cut vent for stove in Senior Kitchen. He amended his motion to include; hold the Kenneth C. Skoglund bill until the number of hours could be listed and work itemized. Mr. Kluegel noted Mr. Skoglund's work was completed to comply with the fire code. Motion carried unanimously. OPEN MIKE Judith Seekon - 889 Main Street - Mrs. Seekon had several questions she wanted the Council to address: 1. Are we going to get our Open Public Meeting on this petition? Mayor Benson said he thought she would be granted a time slot at a regular Council Meeting. Mrs. Seekon said that there are a lot of questions. Mayor Benson said he understood that the Police Chief has already responded to the two letters received and will gather information within the next 30 days. 2. You stated at the last Council Meeting that this has been under investigation for the last year. Mayor Benson said his statement was that the Council has been working with the Police Task Force and the Police Department and they have been looking at aspects of the Police Department for the last year. COUNCIL MEETING May 28, 1985 Page Two 3. Mrs. Seekon directed this question to the City Attorney; I would like to know why the DuFours were not allowed to get a copy of the police report filed against them? Mr. Hawkins said he knew nothing about this. She asked about a complaint and he told her she has an attorney, that matter is presently being litigated and the request should come from her attorney. 4. What do you consider a disorderly conduct, a misdemeanor or felony? Mr. Hawkins said if there is a question about this she should con- sult with her lawyer. 5. If they were not allowed a police report, why was my son allowed to get a copy of his? Mr. Hawkins said he did not know what she was referring to and did not know anything about the case. He said everyone is entitled to the police report. Mr. Seekon said, "thats what I thought." 6. Some of the residents refuse to send in letters, they want the Open Meeting, they want to be able to come down here publically and speak. Mayor Benson said in fairness to the Chief of Police and if you want some answers the only way this can be done is to give the Council some documentation of what you want the Council to respond to. He said, if someone brought up a complaint he would not let the Police Chief make a statement that would put the City in jeopardy until there had been an opportunity to re- search it. He said if someone wanted to give the Council some information about an incident that they want the Council to re- search, they can do this and not sign the request. 7. Some of the people do not understand the City Ordinance and want to understand them better and also have complaints against some of these City Ordinances. Mayor Benson explained every meeting is an open public meeting and people can ask questions under OPEN MIKE. If they ask in advance this can be an agenda item and the information will be available at that time. Some of the ordinances are difficult to understand. CONSIDERATION OF ANNUAL REVIEW OF THE CONDITIONAL USE PERMITS FOR 1985. PETE KLUEGEL 1 Mr. Kluegel included in the Council packet a list of 54 current Condi- tional Use Permit holders. Mr. Dennis Nelson of 20th Avenue was mis- takenly omitted. There are fourteen dog kennel Conditional Use Permits and there are no reported problems with them. There were no problems with the first 48 Conditional Use Permits, however, the Council reserved the right to talk about any one of them at the next Council Meeting. #41 Harold Bisel - 6381 - 20th Avenue - Small Engine Repair - Mr. Marie questioned item #41, Harold Bisel's Conditional Use Permit. He asked Mr. Bisel if he understood the conditions imposed on this permit. Mr. Bisel said he was interpreting what was written on the Conditional Use Permit; no exterior storage, no employees, work done by owner only, 1 1 1 COUNCIL MEETING May 28, 1985 Page Three non - transferable, annual review. He said he is interpreting exterior storage to mean something that is stored outside for a period of time; weeks, months, etc. Mr. Marier said this permit should also be talked about at the next Council Meeting. #49 - William Krychinski - 7830 Lake Drive - Used Car Lot - The Condi- tional Use Permit calls for a dust free display area and screening from the park side. Mr. Kluegel is concerned because the initial screening has not succeeded and there is now grass growing up through the parking surface. He showed the Council a picture of the current situation. Mr. Kluegel has contacted Mr. Bill Flanagan who operates the car lot and he intends to comply with the conditions on the Con- ditional Use Permit. The Council asked Mr. Kluegel to meet with Mr. Krychinski and have him appear at the next Council Meeting. #50 - Paul Wolters, 7991 Lake Drive - Well Drilling Shop - The Condi- tional Use Permit calls for fencing, no exterior storage on the south side of the property, trees, bushes, permanent sign, hard surface park- ing and driving area. At this time, the fencing and hard surface drive- way and parking area are not complete. Mr. Kluegel has talked to Mr. Wolters and he is working with Klosner -Gertz regarding putting in a cement surface but he has not received a committment from him. There is also additional fencing to be completed. Mr. Hawkins explained the City Code contains a procedure for revoking a Conditional Use Per- mit if the conditions of the Conditional Use Permit are not met. He recommended the Council institute this procedure and revoke the permit if Mr. Wolters does not comply. Mayor Benson asked Mr. Kluegel to explain to Mr. Wolters this procedure and tell him the next step will be to close his business. #51 - Luthers Sport Shop, 7860 Lake Drive - The conditions of this Conditional Use Permit are; install 6' security fence, all equipment to be stored inside the fence, and customer and employee parking not on park property. Mr. Kluegel explained the problem here is there still are boats and other equipment sitting on the city street right of way. He is still getting many complaints about this and has talked to Gary Duncanson a number of times about this. Mr. Schumacher said the City had this street staked last year and the roadway is defined. Mr. Kluegel said Mr. Duncanson understands the problem and explained the boats and trailers on the roadway are bas- ically customer owned equipment that are brought in for sale or repair. Mr. Schumacher explained he has such a high volume there is not suffi- cient area for customer parking. Mayor Benson asked Mr. Kluegel to talk to Mr. Duncanson as well. # 52 - LeRoy Houle, 1221 Birch Street - Tree Removal Service - Storage building for storage of construction equipment. Mr. Kluegel has re- ceived complaints regarding the condition of the property. He has sent COUNCIL MEETING May 28, 1985 Page Four Mr. Houle a letter regarding this matter. Mayor Benson asked that Mr. Kluegel talk to him personally. #53 - Jim Spetzman, 8121 Lake Drive - Transmission Repair Shop - This Conditional Use Permit requires no exterior storage and a dust free driveway. Mr. Spetzman is in the process of installing a con- crete surface parking area. 1 #54 - Apitz Garage, 325 Birch Street - Automobile Repair Shop - This Conditional Use Permit requires exterior storage on the north side of the building, landscaping on three sides of building, driveway in front to be restricted to a 40' entrance on the west side, 20' on east side, remaining frontage to have pylons to restrict entrance and exit, no business signs on exterior of building, security light- ing on building tipped down. Mr. Grubbs has a contract with Lino Blacktopping for the driveway and parking area and Mr. Kluegel is working with Mr. Grubbs to complete all the Conditional Use Permit require- ments. Mr. Grubbs explained he is behind schedule in completing his work due to the weather and because the construction of the building was behind schedule. Mayor Benson asked if this could be completed by September. Mr. Grubbs said he did not know what Lino Blacktopping's schedule was but would check and let Mr. Kluegel know. Overall there has been continued progress to complete the construction. Mr. Marier said something should be done to get the "dead vehicles" removed from the property and get a committment as to what date this will be com- pleted. Mayor Benson asked Mr. Kluegel to contact Lino Blacktopping and report back to the Council what Mr. Ramsden says about this situ- ation. Mr. Marier moved that Mr. Kluegel contact the owners of Conditional Use Permit numbers 41, 49, 50, 51, 52 and 53 and talk to Dale Ramsden of Lino Blacktopping and follow through on the Council suggestions. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. ATTORNEYS REPORT 1 Mr. Hawkins did not have a report. CONSIDERATION OF ORDINANCE #07 -85 CHANGING REQUIREMENTS FOR INSTALLATION OF ON -SITE SEPTIC SYSTEMS ON NON - RESIDENTIAL PROPERTIES - FIRST READING Mr. Kluegel explained it is his recommendation that the City Code be amended to dispense with the requirement for a Conditional Use Permit for installation of on -site septic systems on non - residential proper- ties. A Conditional Use Permit requires a public hearing and results in a four to six week delay in issuing building permits. The Code will continue to require that all non - residential septic system applications be reviewed by the City Engineer and be installed as required by WPC -40 and be inspected by Mr. Kluegel. The Planning and Zoning Board did recommend approval of this Ordinance. COUNC (L MEETING May 28, 1985 Page Five IMr. Marier moved to accept the first reading of Ordinance #07 -85 and dispense with the reading. Mr. Kulaszewicz seconded the motion. Motion cararied unanimously. CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 07 -85 AN ORDINANCE AMENDING ORDINANCE NO. 2 OF THE CITY OF LINO LAKES, BY CHANGING THE REQUIREMENTS FOR INSTALLATION OF ON -SITE SEPTIC SYSTEMS ON NONRESIDENTIAL PROPERTY. The City Council of the City of Lino Lakes, Anoka County, Minn- esota, does ordain: I AMENDMENT. Appendix B, Section 4, Subdivision 17 (4) of the M nn-L akes City Ordinance #2 is amended to read as follows: Section 4, Subdivision 17 (4). Non residential land uses may be permitted in areas without sanitary sewer only upon the review and recommendation of the City Engineer and Build- ing Official that a properly functioning on -site septic system and backup system can be constructed on the property. II This Ordinance shall be effective thirty (30) days after its passage and publication as required by City Charter. Passed by the Council of the City of Lino Lakes this day of \�'0. , , , 1985. i U (Li4Ltb/I--- Marilyn G. Anderson, Clerk- Treasurer Benjamin G. Benson, Mayor 006 COUNCIL MEETING May 28, 1985 Page Six PLANNING AND ZONING REPORT - PETE KLUEGEL A. Site and Building Plan Review - Hank Amundsen Construction - This request is for a 1,200 square foot addition to Mr. Amundsen's professional building on Lake Drive. The addition is to the rear of the building and will be a storage area for Advance Printing. It will require no sanitary facilities and will match the front of the building. The Planning and Zoning Board recommended ap- proval subject to the provision that an additional seven black - topped parking spaces be provided at the rear of the building. Mr. Marier moved to approve Site and Building Plans for Mr. Amundsen. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. B. HOUSE MOVE -IN Gordy Schiller - Mr.Schiller is requesting to move in a 24 x 40 rambler onto a lot in the Lexington Park Lakeview area. Mr. Kluegel has inspected the house and Mr. Schiller is aware that the house will have to comply with the state electrical code and building code requirements. The Planning and Zoning Board has recommended approval of this request. Mr. Kulaszewicz moved to ap- prove this request. Mr. Bohjanen seconded the motion. Motion carried unanimously. CONSIDERATION OF BIDS ON BLACK DUCK LOTS FROM G. M. DEVELOPMENT, INC. AND ROGER NELSON Mr. Schumacher explained the City advertised the sale of the ten (10) lots the City owns on Black Duck Drive. Two responses were received: 1) G. M. Development Inc. for all lots for a total of $26,148.00 and a detailed explanation of how his proposal was determined; 2) Roger W. and Janice M. Nelson for six (6) lots and the bids vary from $522 to $3644 for a total of $10,000.00. Mr. Schumacher read the advertisement and noted the error which read; "...to award the bid to lowest responsible bidder in the best interest of the City." It should have read "...to the highest responsible bidder... ". The City Attorney has discussed this with one of the bidders and said the Council will have to decide if this is a material error in the notice so that somebody could have been mislead in their bid. If the Council does feel this he recommended all bids be rejected and re- advertise for new bids. Mr. Marier moved to reject all bids and re- advertise the ten (10) Black Duck lots. Mr. Kulaszewicz seconded the motion. Mr. Roger Nelson from the audience said he felt nobody was confused by this language and clarified it for himself. He had asked the City Administrator if the bid was to be on a per lot basis and the Adminis- trator said yes. He also asked if there was a minimum bid and Mr. Schumacher said, no. He objected to the Council rejecting the bids tonight and felt he had the only valid bid. G. M. Development did not 1 1 1 1 COUNC I I S MEETING May 28, 1985 Page Seven submit a bid but rather a proposal and it was not on a per lot basis. Mr. Hawkins said the Council has the right to reject any or all bids. On the motion, motion carried unanimously. Mr. Schumacher was requested to readvertise the Black Duck lots for sale with the proper language. Mr. Marier asked the material from the Clerks Office and Administra- tors Office to be proofread. CONSIDERATION OF A REQUEST FOR A SPEED STUDY ON COUNTY ROAD #53 (LILAC STREET) County Commissioner, Mrs. Langfeld has sent a letter to Mayor Benson letting the City know a speed study has been requested for Lilac Street and stating if the City has no objections, Anoka County will ask the State to conduct the study. Mr. Kulaszewicz moved to approve the speed study. Mr. Marier seconded the motion. Motion carried unani- mously. CONSIDERATION OF THE FOLLOWING PETITIONS: A. Street Lights - Entrance and North End of Dianne Street - Mr. Schumacher told the Council the street light at the entrance to Dianne Street is already in place. The north end of Dianne Street is a dead end and the policy in the past has been not to light the dead end. Mr. Volk has recommended not to put a light at the dead end but did suggest if the residents of Dianne Street are concerned they can contact Anoka Electric and have a light put in at their own expense. Mr. Reinert moved to approve the recommendation of the Public Works Director. Mr. Marier seconded the motion. Motion carried unani- mously. B. Street Lights - Rice Lake Lane, Rice Lake Court, Ulmer Drive, Rice Lake Drive and Elm Street - Mr. Marier moved to approve the rec- ommendation of the Public Works Director and place four street lights. Mr. Kulaszewicz seconded the motion. Motion carried unani- mously. C Slow - Kids at Play Signs- Wood Duck Trail and Andall Street - Mr. Hawkins explained the City Engineer is adamantly opposed to these signs in that the signs may encourage children to play along the edge of the street. He had tried to reach some one at the State Department of Transportation to find out if there was any truth in the story that a child had been injured in an area where such a sign was posted and the municipality had been sued. He could not confirm this story. It was his opinion that anyone could sue for whatever reason. Mr. Bohjanen suggested the sign could read "Watch for Children." 008 COUNCIL MEETING May 28, 1985 Page Eight Mr. Kulaszewicz moved to table items C and D and asked Mr. Schu- macher to contact the State and check with the Chief of Police. Mr. Bohjanen seconded the motion. Motion carried unanimously. E. Speed Limit Sign - Dianne Street - Mr. Reinert moved to approve the Public Works Director's recommendation to request a speed study by the Minnesota Department of Transportation. Mr. Marier seconded the motion. Motion carried unanimously. CONSIDERATION OF RESOLUTION #85 -07 AMENDING THE 1985 ANNUAL OPERATING BUDGET 1 Mr. Schumacher explained that the Charter requires everytime there is an adjustment in the budget, it has to be amended by resolution. The areas to be adjusted: 1) Union contract and non - classified em- ployees salary adjustments. (Police contract not yet settled); 2) Fire Department; the City budget was approved before the Fire Department completed their budget; 3) Year end surplus; accummulated year end surplus is shown as well as what is being proposed for year end 1985. There will probably be more resolutions such as when the police union contract is approved. Mr. Marier moved to approve Resolution #85 -07 and dispense with the reading. Mr. Reinert seconded the motion. Motion carried unanimously RESOLUTION #85 -07 RESOLUTION AMENDING THE 1985 ANNUAL OPERATING BUDGET FOR THE CITY OF LINO LAKES WHEREAS, pursuant to the City Charter Section 7.08 any alterations in the budget must be made by Council Resolution, and WHEREAS, adjustments have been made in the areas of non -union employee salaries, government buildings, and the Fire Department. NOW THEREFORE BE IT RESOLVED: that the following amended operating budget be adopted for 1985: 1 1 1 1 COUNCIL, MEETING May 28, 1985 Page Nine Receipts: Levy $775,000 MSA Roads 13,000 State Aid 196,308 City Services 96,500 Police Receipts 83,300 Refunds & Reimbursements 16,567 Federal Revenue Sharing 41,760 Total $1,222,435 Reserved For Transfers 50,000 1984 Accummulated Year End Surplus 156,695 Disbursements: $1,429,130 Mayor & Council $ 18,450 Elections & Voter Registration 3,000 Administration 121,105 Assessor 14,455 Legal Printing 1,900 Consultants 78,100 Planning & Zoning Board 990 Government Buildings 76,900 Charter Commission 200 Police Department 328,705 Fire Department 76,300 Building Inspections 44,050 Civil Defense 3,675 Animal Control 4,150 Public Works Department 339,890 Weed Inspections 275 Parks Department 64,575 Park Board 700 Cable T.V. 6,800 Union Contract & Non - Classified Emplayees Salary Adjustments 16,200 1985 Year End Surplus 228,710 Total $1,429,130 Passed by the City Council this 28th day of May, 1985. Marilyn G.VAnderson, City Clerk C c - Benjamin nson, Mayor 009 010 COUNCIL MEETING May 28, 1985 Page Ten CONSIDERATION OF RESOLUTION #85 -05 AUTHORIZING CITY CLERK TO TRANSFER FUNDS FOR CITY HALL EXPANSION Mr. Schumacher explained this transfer has been recommended by the City Auditors to close out the City Hall Expansion Fund since there will be no further expenses from the fund. Mr. Kulaszewicz moved to adopt Resolution #85 -05 and dispense with the reading. Mr. Bohjanen seconded the motion. Motion carried unanimously. RESOLUTION #85 -05 RESOLUTION AUTHORIZING CITY CLERK TO TRANSFER FUNDS WHEREAS, the City Hall Expansion Fund was established in order to maintain control over expenditures for the construction of new Council Chambers, and WHEREAS, the construction of the new Council Chambers has been completed and, WHEREAS, there exists a deficit of $49,943.02 in the City Hall Expansion Fund. NOW THEREFORE BE IT RESOLVED: that the Lino Lakes City Council hereby authorizes the City Clerk to transfer $49,943.02 from the General Fund to the City Hall Expansion Fund to close out the City Hall Expansion Fund. Passed by.the City Council this 28th Day of May, 1985. Benjamin G. Benson, Mayor aii1yn'� M G. Anderson, City Clerk COUNCI L MEETING May 2 8, 1985 Page Eleven ICONSIDERATION OF RESOLUTION #85 -06 AUTHORIZING CITY CLERK TO TRANSFER FUNDS FOR ADMINISTRATION FEES Mr. Schumacher explained this resolution deals with administration fees in connection with the Weber Sewer Construction. The fee of $700.00 is calculated by using the formula previously approved by the Council. Mr. Kulaszewicz moved to adopt Resolution #85 -06 and waive the reading. Mr. Marier seconded the motion. Motion carried unanimously. RESOLUTION #85 -06 RESOLUTION AUTHORIZING THE CITY CLERK TO TRANSFER FUNDS WHEREAS, WHEREAS, a schedule of Administration Fees for improve- ment projects was approved by the Lino Lakes City Council, and an improvement project has been approved by the Lino Lakes City Council for the installation of sanitary sewer in Weber's Addition. NOW THEREFORE BE IT RESOLVED: that the Lino Lakes City Council hereby authorizes the City Clerk to transfer $700.00 from the Weber's Addition Construction Fund to the General Fund to cover administrative costs of the project. Passed by the City Council this 28th day of May, 1985. Marilyn G. Anderson, City Clerk 012 COUNCIL MEETING May 28, 1985 Page Twelve CONSIDERATION OF RESOLUTION #85 -08 AUTHORIZING THE CITY CLERK TO TRANSFER FUNDS FROM THE MINNESOTA HOUSING MORTGAGE REVENUE FUND Mr. Schumacher explained application was made two years ago to obtain mortgage revenue bonds. The City was partially funded but never took advantage of the program. The residual in the fund will cover the City's expenses and close the account. Mr. Kulaszewicz moved to adopt Resolution #85 -08 and waive the reading. Mr. Marier seconded the motion. Motion carried unanimously. 1 RESOLUTION #85 -08 RESOLUTION AUTHORIZING CITY CLERK TO TRANSFER FUNDS WHEREAS, WHEREAS, WHEREAS, there exists a balance of $670.00 in the Minnesota Revenue Mortgage Housing Board Fund, and the program application has been submitted by the City and was partially funded for de- veloper use, and there exists no additional need for City staff involvement. NOW THEREFORE BE IT RESOLVED: that the Lino Lakes City Council hereby auth- orizes the City Clerk to transfer $670.00 from the Minnesota Revenue Mortgage Housing Board Fund to the General Fund for costs incurred by the City. Passed by the City Council this 28th day of May, 1985. Benjamin ..G: Benson, Mayor v n Marilyn G. Anderson, City Clerk 1 013 COUNCIL MEETING May 28, 1985 Page Thirteen OLD BUSINESS A. Seekon Petition - Mr.Schumacher said if there are specific com- plaints, they should be put in writing so that the Chief of Police has a chance to address the issues. Two letters have been received and the Chief has sent responses to them saying according to City policy, he has 30 days to respond. Mr. Kulaszewicz noted that the petition should have addresses on it. Mrs. Seekon said there are names-of people on the pe- tition who do not live in Lino Lakes. Mayor Benson suggested telephone numbers also be listed and each should be signed in -' dividually, not Mr. and Mrs. John Smith but Mary Smith and John Smith. Mrs. Seekon said some people have refused to write let- ters and do not have the time. Mayor Benson said he would not ask the Police Chief to answer a question he did not have time to research. NEW BUSINESS A. Mr. Bohjanen noted the VFW has donated a new flag for the Coun- cil Chambers and asked that a letter of thanks be sent to the in coming commander. The old flag was donated to the Boy Scouts. B. Mayor Benson asked that a letter be sent to our County Commissioner, County Engineer and the Rice Creek Watershed District thanking them for attending the May 15, 1985 Special Meeting and state we will be looking forward to their help on the 4th Avenue, Main Street project in the immediate future and be anxiously awaiting their recommendations. C. Mr. Reinert suggested the tempo and the momentum in the Senior Center had an influence on the meeting tonight because it is only 8:20 P.M. and the Council was ready to adjourn. (The Seniors were square dancing). Mr. Kulaszewicz moved to adjourn at 8:20 P.M. Mr. Reinert seconded the motion. Aye. These minutes were considered, corrected and approved by a regular Council meeting on June 10, 1985. f f Benjamin G/ Benson, Mayor r) t Marilyn G. Anderson, Clerk- Treasurer