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HomeMy WebLinkAbout11/25/1985 Council Minutes0191 COUNCIL MEETING November 25, 1985 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M. by Mayor Benson. Council members present: Marier, Reinert. Council members absent: Kulaszewicz, Bohjanen. City Attorney, Bill Hawkins; Engineer, Bob Toddie; Building In- spector, Pete Kluegel; Public Works Director, Don Volk; Adminis- trator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES November 7, 1985 - Mr. Reinert moved to approve these minutes as presented. Mr. Marier seconded the motion. Motion carried unan- imously. November 12, 1985 - Mr. Marier moved to approve these minutes as presented. Mr. Reinert seconded the motion. Motion carried unani- mously. November 14, 1985 - Mr. Reinert moved to approve these minutes as presented. Mayor Benson seconded the motion. Motion carried with Mr. Marier abstaining. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - NOVEMBER 25, 1985 Mr. Schumacher noted the item under Government Buildings, North Country Interiors should be $4,550.00 not $5,050.00. Mr. Reinert moved to approve the Disbursement with this correction. Mr. Marier seconded the motion. Motion carried unanimously. OPEN MIKE Mr. Herb Johnson, Lino Lakes representative to the Cable Commission appeared under Open Mike to tell the Council of the nasty telephone calls from people who are disturbed with the cable TV cable install- ers. He wanted it understood that all the problems will be handled by the restoration crew this fall or early next spring. The in- stallers themselves have been informed by Group W Cable that they must be courteous and professional. Mayor Benson said that he has heard from the community the restoration work is done very nicely. Mr. Johnson said he appreciated the people calling him so that he can monitor the work. Clement Schmitz was in the audience to discuss the requested utility easements required for Rice Lake Estates. He was representing Mr. George Reiling, owner of the property located at/Lake Drive and Hodg- son Road. This property is now zoned General Business (GB) and Mr. Reiling would like to have the property rezoned Residential (R -1) because he will be paying assessments on the property and he felt it would sell much faster zoned R -1. 0192 COUNCIL MEETING November 25, 1985 Page Two Mayor Benson explained the reason it was zoned GB. However, Mr. Schmitz said it would be 15 to 20 years before commercial develop- ers would consider this property and during the intervening years he would be paying assessments. Mr. Marier explained that the Planning and Zoning Board will be re- viewing the Comprehensive Plan and Mayor Benson suggested that Mr. Schmitz appear before that Board on December 11, 1985 and discuss his plans with them. Mr. Toddie was asked how soon he needed to know if assessments could be obtained from Mr. Reiling. Mr. Toddie said, soon, however he also said the lines could be placed along side of the property for now. Mr. Marier said Mr. Reiling should go through Planning and Zoning and Mayor Benson said without a full Coun- cil present, he could not give Mr. Schmitz any indication on how the Council would act on this proposal. CONSIDERATION OF WEST OAKS LETTER OF CREDIT - HOMER BRUGGEMAN Mr. Bruggeman appeared before the Council and gave the Council back- ground information regarding when his property was platted and how it is now being developed in phases. In September, 1984 he graded the street in the second phase of his plat and several lots have been sold. He referred to a newspaper article in one of the local newspapers where he had supposedly made numerous promises to the purchasers in the second phase regarding when the new road would be blacktopped. Mr. Bruggeman wanted it clear that he does intend to blacktop the road in 1986 after the natural-gas lines are in place. He further explained to the Council that he has done everything re- quired of him regarding his plat and has a legitimate letter of credit that will insure that the blacktop will be in place and felt the Council acted arbitrarily in deciding to take action regarding his letter of credit. Mr. Marier said he felt the Council did not act arbitrarily, but in- structed the staff and engineer to review this plat. Also according to the contracts with the purchasers of the lots some committments have been made that they will have roads. Mr. Bruggeman said he did not commit to placing the roads this summer. Mr. Marier asked about the tennis courts and Mr. Bruggeman said this is not a City matter. He said the agreement is that after the first twenty houses are built, the tennis courts will be built. Mayor Benson asked when Mr. Bruggeman's letter of credit expires. Mr. Bruggeman said December 7, 1985. Mayor Benson asked would not the City expect that the road be built by that time? Mr. Bruggeman said the letter of credit is renewable and he did not have any intention of putting the road in this year. Mayor Benson explained that when the City takes a letter of credit it is the City's assumption that the project will be done prior to the expiration of the letter of credit. Mr. Bruggeman read a section in the letter of credit which states that if the improvement is not completed on the date the letter of credit expires, the bank will issue a new letter of credit. 1 1 1 0193 COUNCIL MEETING November 25, 1985 Page Three Mayor Benson asked when the road will be completed. Mr. Bruggeman said it will be done the first thing in the spring. Mr. Reinert asked what Mr. Bruggeman's understanding of a letter of credit is. Mr. Bruggeman said it was to assure that the money will be there when the improvement is completed. Mr. Reinert said it is the concern of the residents that the street will be constructed before the letter of credit expires. Mr. Bruggeman said that when the road was rough graded not one lot had been sold and did not anticipate the need to complete it. He felt a large number of the lots should be developed prior to the road being blacktopped. Mr. Reinert told Mr. Bruggeman the City did not know what his inten- tions were and the City was expecting the road to be completed prior to the expiration of the letter of credit. Mr. Bruggeman said he had contacted Mr. Kluegel and Mr. Schumacher regarding extending the let- ter of credit and did not feel it would be a problem. He said he wanted to cooperate with the City. Mr. Bruggeman said he would have the street completed by June 30, 1985 including drainage and other City requirements. The City Engineer and Public Works Director had asked Mr. Bruggeman to complete his drainage construction this fall. Mr. Bruggeman said that it has been started and will continue as long as the weather allows. It may not be fin- ished until next spring. Mr. Volk said the major problems with the new road occurred in the spring of 1985. His concern is that the road is kept passable this coming spring. Mr. Bruggeman said that he feels it will be a good road because it has been allowed to sit and the trouble spots have been replaced. Mayor Benson asked about the gas situation. Mr. Bruggeman said North Central will be placing the gas services and in the interim North Central will supply propane gas and charge natural gas rates. North Central has not said when the lines will be installed and have not requested a deposit from him. Mr. Quigley from North Central said no deposit has been requested from Mr. Bruggeman and since there is not a good route to the area it will be from two to three years before the lines will be constructed. Mayor Benson noted that North Central has not made application for installation of these lines. Mr. Quigley said this would be done prior to installation. Mr. Bruggeman stated the road would be com- pleted in the spring even if the gas lines are not in place. Mr. Marier noted that the Council has not decided which gas company will service this area. Mr. Quigley said this would be up to the Council, each gas company has equal access. 0194 COUNCIL MEETING November 25, 1985 Page Four There was further discussion regarding Mr. Bruggeman's letter of credit. Mr. Volk recommended that the letter of credit not be ex- tended beyond a period next summer where in the event the road is not completed by Mr. Bruggeman, the City could pull the letter and complete the drainage and storm sewer construction and road con- struction. Mayor Benson suggested July 1, 1985 as the deadline for the letter of credit. Mr. Marier asked Mr. Volk when he felt the storm sewers should be completed. Mr. Volk said if it was not possible to complete it this fall then by the end of May, 1986. Mr. Reinert asked that Mr. Bruggeman keep the Council informed on his progress with this situation. 1 Mr. Marier moved to extend Mr. Bruggeman's letter of credit to July 1, 1986 and all improvements for drainage and storm sewer be completed by May 15, 1986 and any contractual agreements between the purchasers of the properties that have been sold be fulfilled. Mr. Reinert seconded the motion. Mayor Benson asked Mr. Hawkins if the City could hold Mr. Bruggeman responsible for contracts between himself and the purchasers. Mr. Hawkins said the City can only exercise control over the streets, storm sewers and drainage. Mr. Marier said this is what he intended. Voting on the motion, motion carried unanimously. CONSIDERATION OF THE STATUS OF HOLLY DRIVE EAST The Council packets had contained maps of the portion of Holly Drive East to be addressed tonight as well as a letter from Mr. Hawkins outlining the legal status of the road. Mr. Schumacher summarized the concerns and complaints of the residents whose property borders on East Holly Drive. He also indicated it has been maintained very limitedly by the City and has been used to some degree by the people in the area. There have been a number of problems with this area in the last few years in that some of the property own- ers feel it is their property, it is included in their property des- cription, and the City has not maintained it to a sufficient degree. Other people feel the road should be left there and maintained to a limited degree because of the electric utility in the right of way. He asked Mr. Hawkins to take the research done by the City and make a decision as to whether Holly Drive East is City property or is it private property. At this time Mr. Hawkins indicated it is City jur- isdiction and the Council has several options regarding how to handle this matter. Mr. Hawkins explained the Council should first decide if the road is necessary. If it is necessary the City should enforce its right. If 1 0195 COUNCIL MEETING November 25, 1985 Page Five the City feels the road is not necessary, it should take steps to vacate it and reserve easements for utilities. Mr. Volk explained that this portion of Holly Drive East has been a problem for public works for a number of years. It has grown over with vegetation, some homeowners have made an attempt to block it off and the City blocked the road on several occassions to dis- courage use but these barricades have been torn down by the public. Mr. Reinert said it appears the reason for laying out this portion of roadway was for future development. If the City does maintain this easement, then the City has some liability. Mr. Hawkins said the question here would be to what degree it is maintained. He referred to legislation adopted last year which outlined different types of roads. This road would be designated as a non - maintained road. He also explained that just because a road has been dedicated to the City does not mean the City has to open it up and use it. Non- use does not indicate the City is abandoning the easement. Mr. Alwin LaMotte, 6497 - 12th Avenue explained he has lived at this address all of his life and explained an incident that occurred sev- eral years ago. He went down Holly Drive East to help a neighbor who was plowing on a Sunday and became stuck. On his way home he was confronted by Charles McKenna who asked what he was doing, (He had met Mr. McKenna a couple of other times). Mr. LaMotte explained he helped a neighbor and was on his way home. Mr. McKenna told him he had to go back the way he had come because he had come from Centerville Road the first time. A storm was coming and Mr. LaMotte talked to Mr. McKenna about ten minutes and when he went to leave, Mr. McKenna reached into his pocket. Mr. LaMotte said, "I figured, he doesn't have his gun, does he? He had a can of mace and started chasing me down the road spraying me with mace ". Mr. McKenna asked the City Clerk to retain this record based on a slander and liable suit. Mr. LaMotte continued and said he went home and his wife washed his back and he further explained his neighbor Larry Bertrand had been with him and also was sprayed with mace. Since this time the road has been disfigured including the installation of a pond. Mr. Paul Behr, 6415 Joyer Lane owns approximately 700' along Holly Drive East. He has been talking to Mr. Volk about this road because when he first moved to this area he was pulling people out of the mud every weekend. He was told the City did not know if it was a City road or exactly what its status was. Last year during hunting season he was shot at by someone on the road. He said he was not against people using the road for walking, horss, tractors, etc., but control the traffic. Put up a gate. The cost of improving the road with blacktop would be prohibitive and the people living on the north side are served by Karth Road already. He did not feel this would benefit anyone but would like to see the traffic controlled. Mr. Charles McKenna, 1370 Karth Road, explained that the incident Mr. LaMotte referred to occurred after the City had blocked off the road COUNCIL MEETING November 25, 1985 Page Six with barricades and signs. Mr. Flannery was a witness to the fact that Mr. LaMotte took the signs down so he could get past the signs. Mr. McKenna said he stopped Mr. LaMotte who was then on his property, not the road easement, and asked him to wait while he summoned the Chief of Police. Mr. McKenna had previously talked to the Chief of Police who told him he did not have to allow anyone on this property. Mr. LaMotte did not want to wait for the Chief of Police and offered several reasons for not wanting to such as low on gas. Mr. McKenna was told by the Chief of Police that Holly Drive East was a cart way just fifteen (15) feet wide. The road does meander because of the swamp and trees. He has had his land surveyed and there is no ease- ment on his property. He tried to show Mr. LaMotte where the survey sticks were to prove it was his land but Mr. LaMotte did not want to do this. He said Mr. LaMotte started up his tractor and drove towards him. Mr. LaMotte said this was a mistake and he also has a witness to this fact. Mr. McKenna continued and said the City did take steps and posted "Road Closed" signs and placed dirt across the road. People in the neighborhood took it upon themselves to remove them. He also said the last car to use the road was a Lino Lakes police car which got stuck and it took some time to be pulled out. Mr. Jim Flannery, 1381 Holly Drive, presented a petition with seventy signatures of residents of Holly Drive, Centerville Road and 12th Avenue. He read the request of the petition, "We, the undersigned hereby affirm our support for keeping Holly Drive open as an ease- ment for the use of the citizens of Lino Lakes ". He is asking that it be kept open according to its-historical continuous use, which is an easement in an unimproved low maintenance situation. Mr. Flannery explained he has lived on Holly Drive since 1978 and can affirm the City has maintained that easement as late as 1979 -1980 when City trucks did come and fill up pot holes that were dug on purpose. Also he said he personally has an interest in seeing that the easement is open because his house is the only house on Holly Drive East that is serviced by power lines which come over this easement. In 1978 through 1981 it has been necessary for NSP trucks to service the power lines from this easement. In addition in 1978 the peat moss bags on the south side of Holly Drive became very dry and there was a peat bog fire that raged for several months and made it necessary for fire trucks to use this portion of the road. He noted that the houses on the north side of Holly Drive have been built after this fire and so these resi- dents are not aware of this situation. Mr. Flannery explained he and Mr. Molmberg own land along this road and would suffer very serious prejudice to their property if the ease- ment was vacated. In summary the petition is requesting that Holly Drive East be kept open for its historical uses (non- motorized traffic and form uses). It makes a difference of a ten minute walk or a five mile drive to get to Holly Drive East from Holly Drive West. He is here to affirm the rights of the public in their easement which has been maintained and utilized by this City since 1893. 1 1 1 COUNCIL MEETING November 25, 1985 Page Seven Mr. Marier asked Mr. Flannery what standard he is requesting for Holly Drive East. Mr. Flannery said just have it leveled off and mowed and post signs saying "Closed to Motorized Traffic ". No- body wants snowmobiles and. any vehicle that will present a security problem. Mr. Marier said in 1971 this City made a decision to maintain this road in a very limited basis for passage only. The City felt the cost of upgrading this road would be prohibitive. What the City neglected to do then was to declare there would be no through traf- fic. Mr. Volk said he would like to see the right of way be re- tained but there is a question as to its location. He would like to have it surveyed and staked. He explained it is 66' wide and could eventually be upgraded to City standards. Mayor Benson asked if all the 66' should be maintained. Mr. Hawkins said the Council could maintain any portion of it for whatever purposes are needed. Mr. Reinert said the word "maintained" is a problem. What is the definition? He felt the intention of this roadway from the very beginning was not to actually have people use it. It was for the purpose of a future roadway to be developed in the future. He felt the City could not use tax payers money to improve it for tractors, snowmobiles or whatever. He felt the City should place signs on the easement and hope that everyone knows that it is not to be used for through traffic. Claudia Moldenhauer, Administrator, Praise of His Glory Ministeries, 1230 Holly Drive explained her concern is that they will be peti- tioning the City to complete a part of Holly Drive East so that they can enter and improve their property. They purchased fifty acres from Dennis Nelson and their intention is to build a 50 room prayer center and retreat. Mayor Benson explained that the property may not be zoned for these stated intentions. Ms. Moldenhauer explained they have already pur- chased the property and will be starting the process to build this facility. Mayor Benson said that they may not be able to have this facility even though they have already purchased the property. Alvin DeMotts, 6265 Holly Drive said that in 1965, 1966 the school bus used this portion of Holly Drive East. Alwin Klimik, 1390 Karth Road explained he owns approximately 350 feet along Holly Drive East. He said that all of the traveled road has meandered from the right of way to his property. He asked if this will be maintained and mowed on the right 9f way or will he be forced to carry the burden of the traffic on his property. Mr. Mar - ier said the road will have to be located in its rightful area as laid out in the record books. 0197 0198 COUNCIL MEETING November 25, 1985 Page Eight Eilene Rolstad said she has lived on Holly Drive since 1960 and did not object to keeping it open for traffic but wanted to make sure they don't expect them to pull them out of the mud at 3:00 - 4:00 in the morning. Mayor Benson said he did not know how this could be stopped. Nancy Rolstad said that the people should be told what maintained really means. She did not remember the road being maintained enough so that a car could be driven down the road. Just because this is an easement does not mean that the roadway has to be main- tained. Mr. Behr said signs will not work. This has been tried but did not work. The roadway has to be blocked. People have come down this road and have tried to break into his house four times. Mr. Reinert said the Council will have to make a policy decision; keep it as a road right of way or vacate it. He favored just holding it for future use and felt this was the intent of the petition. Mr. Behr said if the City has ownership or liability for this roadway the City would be liable if people try to break into his house. 1 Mr. Klimik asked about the width of the road and asked if the City will fill in a swamp to make the roadway 60' wide. Mayor Benson said prob- ably nothing will be done with the surface at this time. Mr. Volk said when it is improved to City standards a 30' road will be placed in the middle of the 60' right of way. Mr. Marier said he felt that what is being considered at this time is just maintaining the easement of the road not improving the road as well as minimum maintenance for the utility providers in that area. Mr. Klimik asked about a fence he has placed on the City right of way. Mr. Marier said it probably would not have to be removed if it is not needed. Ms. Rolstad asked if the City maintained all City easements. It was explained that the City does not. She asked who is responsible for utility easements. It was explained that the utility company must be able to get to their lines for maintenance. Mr. McKenna said he had spoken to the former City Attorney regarding this situation and he had informed Mr. McKenna that the City had forfeited this right of way through failure to maintain it. He asked Mr. Hawkins if he had a different opinion. Mr. Hawkins said it is his opinion that the City has not abandoned any interest in this right of way. He has not seen any indication that the actions of the City would constitute an abandonment of the right of way. Mr. McKenna asked if there was some case law already on the books that would show that the City has lost its interest now whether or not they think they have. 1 1 1 COUNCIL MEETING November 25, 1985 Page Nine - 01 �9 Mr. Hawkins explained that would be a factual dispute as to what actions the City has taken or not taken. From the facts that Mr. Hawkins has he feels the City has not abandoned its interest in this roadway. If the City wishes to assert its rights in the easement that was acquired in 1893 and the easement rights that were acquired through the dedication of that property by the maintenance he feels this is sufficient indication that the City has easement rights. Mr. McKenna asked that for the sake of the people who live along this right of way the City vacate the easement or put in a full City road, anything other than this would be unenforcable. Mayor Benson asked Mr. Volk to research this road back to 1971 and bring it to the Council and asked that the people be notified when this item will be placed on the agenda again. He felt the City needs more clarification from the City Attorney regarding the new statutes he was referring to. When the information is gathered, it can be made available to the residents. Mr. Klimik asked that NSP be asked what their intention is regarding their utility. Mayor Benson asked that it be determined whose property might be involved, or if there are fences on the right of way. Mr. Reinert moved to determine whose property would be involved if the City asserted its right to the easement, in other words whose fences might be on the easement. Mr. Marier seconded the motion. Mr. LaMotte asked that the City Engineer look at the condition of the easement. Mayor Benson said the Public Works Director will look at it and possibly Mr. Toddie when he is in the City. Voting on the motion, motion carried unanimously. The Council took a five - minute break at 9:50 p.m. PLANNING AND ZONING REPORT - Pete Kluegel A. Ordinance #09 -85, Subdivision of Land Regulations - First Reading - Mr. Kluegel explained that this amendment will reduce the instances where people will be required to plat their land. The City Attorney and City Planner have recom- mended approval of the amendment which allows for a minor subdivision of four or fewer parcels with no roads. Mr. Marier moved to approve the first reading of Ordinance #09 -85 and have the Clerk read the ordinance. Mr. Reinert seconded the motion. Mrs. Anderson read Ordinance #09 -85. 0200 CITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA • ORDINANCE NO. 09 -85 COUNCIL MEETING November 25, 1985 Page Ten An ordinance amending the Lino Lakes City Code by amending certain provisions of the Subdivision of Land Regulations concerning definitions and allowance of minor sub- divisions without platting. The City Council of the City of Lino Lakes ordains: Section 1. Definitions. Section 1001.02 of the Lino Lakes City Code is amended by adding the following definition: Minor Subdivision - A subdivision involving the crea- tion of four or fewer parcels, tracts, or lots, and not involving the creation of a new street or easement. Section 2. Restrictions on Filing and Recording Conveyances. Section 1001.16 of the Lino Lakes City Code is amended by adding the following provision: (7) A minor subdivision as allowed by the terms of this ordinance. Section 3. Minor Subdivision. The Lino Lakes City Code is amended by adding the following section: Section 1001.19. Minor Subdivision. Except as herein- after specifically provided, minor subdivisions shall conform to all standards, procedures and requirements applicable to all subdivisions under this ordinance. The procedures for review and approval of minor sub- divisions are as follows: (a) Prior to formal application, sketch plans shall be reviewed by the zoning official. (b) Following formal application, the zoning official shall submit a written report to the Planning and Zoning Commission on the minor subdivision proposal. (c) The zoning official shall request input by the City's planning, engineering, and legal consultants, as necessary. 1 1 0201 COUNCIL MEETING November 25, 1985 Page Eleven (d) After the Planning and Zoning Commission has sub- mitted its recommendation to the Council, the Council shall determine if a plat shall be required. If a plat is required, the City Council shall hold a public hear- ing thereon after notice as provided in this ordinance for platting a property. Section 4. Effective Date. This ordinance shall be effective thirty (30) days after its publication. Passed this n day of - z_.:_z„ 1985 by the Lino Lakes City Council. ATTEST: City Clerk- Treasurer The motion on the ordinance passed unanimously. B. Lino Ventures - Site & Building Plan Approval - Mr. Kluegel explained this is a request from Lino Ventures, 7317 Lake Drive requesting a building permit to increase the size of their storage building. This addition is to be to the rear of the building and will be approximately 2,500 square feet in size. The property is presently zoned light industrial and will house contractor equipment. The Manning and Zoning Board and City Planner have recommended approval of this request. Mr. Marier questioned paving certain parking areas. Mr. Karth explained that the present ordinance would not require a dust free surface since there will be no outside parking, just a driveway. The City Planner has reviewed this request and 0202 COUNCIL MEETING November 25, 1985 Page Twelve has felt the plan was acceptable. Mr. Schumacher explained our present ordinance only addresses parking areas and since this plan does not have parking areas there is not a require- ment for paving. The present paved parking area to the east of the building will be sufficient. Mr. Reinert moved to approve the recommendation of the Planning and Zoning Board for the building plan by Lino Ventures for an addition of 42' X 60' for mini storage. Mr. Marier seconded the motion. Motion carried unanimously. C. Jerry's Garden Shop - Site & Building Plan Approval Mr. Kluegel explained this is a request for a 30' X 30' addition to an existing garden shop owned by Jerry Rosengren at 8322 Lake Drive. The property is zoned General Business and the addition will be for the storage of new equipment. Mr. Marier moved to approve the recommendation of the Planning and Zoning Board. Mr. Reinert seconded the motion. Motion carried unanimously. D. Spetzman's Transmission Shop - Amended Conditional Use Permit - Mr. Kluegel explained this is a request from Mr. Jim Spetzman to allow an auto repair mechanic to utilize one of the existing buildings. There will be no exterior storage and there will be a request for an additional sign. Mr. Klugel will check to be sure this sign will not exceed the allowable square footage. The Planning and Zoning Board did recommend approval of this request. Mr. Marier moved to approve the recommendation of the Planning and Zonind Board for the Amended Conditional Use for Mr. Spetzman to include compliance with the sign ordinance and no exterior storage. Mr. Reinert seconded the motion. Motion carried unanimously. Mr. Kluegel told the Council the Planning and Zoning Board will be addressing the surfacing and drainage area of the present City zoning ordinance. A copy of the proposed changes were included in the Council packets and Mr. Toddie explained some of them to the Council. Mayor Benson said he would like this section written so that when the City receives the roads from the contractor the City does not have to come back in two years and seal coat the road. Mr. Hawkins was concerned about the situtations that occur such as the Bruggeman situation. The code should be written so that Mr. Bruggeman could not obtain final plat approval of the second phase until the first phase was complete. 1 1 1 1 1 COUNCIL MEETING November 25, 1985 Page Thirteen Mr. Volk suggested that the code include a provision that the City will not accept a street as a City street for main- tenance until the total development has taken place and the final lift is in place. He felt this may force development to take place at a faster rate. Mr. Toddie has suggested an outline of a procedure for pro- ceeding with building in a subdivision. The first section deals with building a model home. Mr. Reinert was concerned the model homes are being limited to one model. This section may be problems for the building inspector. Mr. Toddie said the City could change the language in that portion of the code. Mayor Benson said the concerns of Mr. Kluegel should be taken into consideration when addressing this section of the proposal. Mr. Marier said that he felt the Occupancy Permit should not be issued until after the first lift of the street has been installed. He suggested three changes to be made: 1) type of service such as seal coat, 2) responsibility of partial completion, 3) construction of model homes for occupancy. Mr. Marier moved to have Mr. Volk, Mr. Toddie, Mr. Hawkins and Mr. Kluegel draw up a final draft of this proposed code change for review at the next Council meeting. Mr. Reinert seconded the motion. - Motion carried unanimously. APPOINTMENT OF THE VADNAIS AREA WATERSHED DISTRICT REPRESENTATIVE Mr. Reinert moved to table this item until the Council considers the rest of the new year appointments. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Reinert will continue as liaison until the new appointments take place in January. Mr. Schumacher has sent Mr. Reinert a copy of the management plan and Mr. Toddie has made some comments on it. City comments on the plan must be to the Vadnais Management Area by February 1, 1985. Mr. Reinert said the plan is not complete and was concerned about approving it before all the parts are present. CONSIDERATION OF CANCELLATION OF Z'S FAMILY PIZZA. INC. 3.2 BEER LICENSE Mr. Marier moved to approve the cancellation of/the license as Z's has requested and to forward a copy of the ordinance which states that the fee cannot be refunded. Mr. Reinert seconded the motion. Motion carried unanimously. 0203 0204 COUNCIL MEETING November 25, 1985 Page Fourteen CONSIDERATION OF GROUP W CABLE TV AGREEMENT AMENDMENTS Mr. Reinert said because of the importance of ordinances #10 -85 and #11 -85 and Resolution #25 -85, the full Council should be here to act and then moved to table Item 11 A, B and C until the next Council meeting. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Marier said he had several questions on the item and would address them at the next meeting. ATTORNEY' REPORT - BILL HAWKINS A. Consideration of the Sale of the Certificate of Indebtedness - Mr. Hawkins explained he had receive two quotations for the purchase of the Certificate of Indebtedness to finance police and street equipment from two local banks. The Certificate will be in the amount of $107,500. The two quotes are: First State Bank of Hugo, 1986 - 7 %, 1987 - 7.5 %, and 1988 - 7.4 %. The Centennial Bank bid was 1986 - 6.25 %, 1987 - 6.5 %, 1988 - 6.75 %. Mayor Benson asked Mr. Schumacher about the length of the Certificate. Mr. Schumacher explained that it is being sold for a three -year period to keep the mill rate at its present level. Mr. Marier moved to draft a resolution to award the sale of the Certificate of Indebtedness to Centennial Bank. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF THE DISPOSITION OF OUTLOT "F ". LAKES ADDITION #3 Mr. Schumacher updated the Council regarding outlot "F ", The outlot is tax forfeit and the City can obtain title to it tax free providing the title is retained by the City and the property is held for public use. The Council asked the Clerk to contact the adjoining property owners to determine if they would be interested in obtaining title to a portion of it. This was done and the Clerk had submitted to the Council the outcome of her survey; one landowner was not interested at all, one did not care, five said maybe and thirteen said they would be interested. Mr. Schumacher said he had talked to the City Attorney about this matter and was concerned about the expense involved. Mr. Hawkins explained the procedure for obtaining the outlot. including paying the back taxes. After procuring title, the City would have to survey the property for preparation of legal titles and then deed each parcel to the various landowners. However, the City could pass up the sale and allow the outlot to be sold at Sheriff's auction and anyone could bid on it. 1 1 1 0205 COUNCIL MEETING November 25, 1985 Page Fifteen Mayor Benson asked the Clerk to determine the amount of the back taxes on the outlot. He asked Mr. Toddie to give the Council an idea of the cost of surveying the lot and preparing legal descriptions. Mr. Hawkins said most of the cost would be in the surveyor. Mr. Marier moved to table this issue until the proper figures are determined and then bring it back to the Council. Mr. Reinert seconded the motion. Motion carried unanimously. CONSIDERATION OF RATIFYING EDWARD F. LATUFF'S POSITION AS CHAIRMAN OF THE CENTENNIAL FIRE COMMISSION Mr. Marier moved to ratify Mr. LaTuff as chairman. Mr. Reinert seconded the motion. Motion carried unanimously. OLD BUSINESS A. Storm Sewer Installation, West Shadow Lake Drive - Mr. Volk said he has met with Mr. Smith and looked at the easements and Mr. Smith explained how water does back up from the lake and other problems involved. Mr. Smith said if the City would purchase the pipe he would do the rest of the project at his own cost. The cost of the pipe would be approximately $1,100. The end result is that the City would have an eighteen foot wide drainage ditch between two homes that would not cause any liability for the City, because it would be covered. Mayor Benson asked Mr. Volk what his recommendation would be. He said he would recommend the City would do it and elim- inate the liability. Mr. Schumacher asked Mr. Volk if this is done now, how would he react to other requests of a similar nature. What criteria would he use for involving the City in the future? Mr. Volk said the City is congregating water from a city street and running it down between these two homes. Mayor Benson asked Mr. Volk to be more specific. Mr. Smith said the City has allowed building permits to be issued on these lots and noted that you cannot get from the back yard to the front yard due to the high drop off to the drainage ditch. Mr. Marier asked Mr. Volk if this area was causing higher maintenance costs. Mr. Volk said yes and Mr. Marier asked Mr. Volk to bring these costs to the Council. He felt it looked favorable, but the City should know what it is costing the City so that the City would know what it is saving in the future. Mr. Volk said that in the future whenever there is to be con- struction near a drainage easement he would like the engineer to be involved to avoid another situation such as this. 02'Qb COUNCIL MEETING November 25, 1985 Page Sixteen Mayor Benson asked Mr. Volk to put together the cost figures as requested by Mr. Marier for the next Council meeting. B. Senior Kitchen Update - Mr. Schumacher told the Council that all the Senior concerns have been addressed. Mr. Marier said that the Council should come to a conclusion by the end of the year regarding the Senior Center. The Council has put a lot into the Center and felt it was a beauti- ful situation, but felt it was time it started to become self - supporting. He asked that the Administrator sit down with the Senior officers and explain where they stand. Mayor Benson said that all the adjustments have been completed and now that it is functional, it should be made clear that the City would like to be uninvolved and it is their respon- sibility to use it and maintain it. If an emergency arises, they should come back to the City. C. Representation on Gas Utility Commission - Mr. Schumacher explained that the Council should set up some strategy on how does this City Council want to establish representation on this commission. Mr. Marier suggested meeting with the Circle Pines City Council and the utility commission and explain the outcome of the Voto, Reardon, Tautges and Co. study. He would like this to be a positive situation and have everyone feel good about it. He would like this to be a united effort. Mr. Reinert said he would like this to get off on the right foot. Mr. Schumacher was asked to see if December 17, 1985 would be an agreeable date to meet with the Circle Pines Council and Utility Commission. Mayor Benson asked for a further explanation or summary of the draft recommendations by Voto, Reardon, Tautges, Inc. D. Update on Anoka County Resource Recovery Program - Mr. Schumacher told the Council that tomorrow, November 26, 1985 the County will be making their site selection for the facility and for the transfer station. He noted a letter from Commis- sioner Langfeld stating that she felt Lino Lakes was not a good location for these facilities. Mr. Schumacher will attend the meeting tomorrow morning. NEW BUSINESS Mr. Reinert noted that Mr. Andrew Cardinal's term on the Rice Creek Watershed District Board is due to expire and moved that the Council support Mr. Cardinal's nomination for another three year term and send a letter to the Anoka County Board in support of Mr. Cardinal. Mr. Marier seconded the motion. Motion carried unanimously. 1 1 1 1 0207 COUNCIL MEETING November 25, 1985 Page Seventeen Mr. Schumacher told the Council the City has received the proceeds from the $1,800,000 bond sale for construction of sewer and water in the Rice Lake Estates area. Payments will be made to the con- tractors on this project for the next year to year and one half. He asked for Council authorization to invest these funds in some longer term funds such FNMA -ARMS as well as Federal Farm Credits. These are federally backed and are legitimate municipal invest- ments and offer better rates than Certificates of Deposits. Mr. Marier moved to approve long term investments of six months to two years in FNMA -ARMS and Federal Farm Credits. Mr. Reinert seconded the motion. Motion carried unanimously. Annual Appointments - Mayor Benson asked the staff to prepare a list of annual appointments that will be made for 1986. He asked for the input from the Council as to what committees they would like to serve on in the upcoming year. He also asked Mr. Bisel to let him know where he would like to serve. Mayor Benson has received a letter from Ms. Holly Hunt regarding a shotgun incident and asked that it be forwarded to the Chief of Police for follow -up and he should report back to the Council on this matter. I The City has received a letter from the Centennial School District expressing appreciation for the $1,000 contribution to the Summer Recreation Program. Mayor Benson suggested since Mr. Kulaszewicz is going off the Council asking him if he would like a social hour before a Council meeting or an open house. Mr. 'Schumacher will follow -up on this. Mr. Reinert asked if the Suburban Chamber of Commerce has changed their approach to having someone from the Councils sit in on their meetings. He is the Council Liaison to this organization but has not received notices for some time. Mr. Schumacher said they do not send notices. Mr. Schumacher will check this situation. Mr. Marier referred to an editorial in one of the local newspapers written by Harvey Karth where he stated his concern of the ability of Lino Lakes to move forward. He stated he was the former Mayor of Lino Lakes. Mr. Marier said he would like to bring out that we are not now under the high tax that we were under during his administration, we are some 60 points or places below where he maintained or increased during his tenure. Also during his tenure he had no economic development committee or never thought of it until this Mayor and this Council came up and bestowed upon him the Chairmanship of that committee which he wanted to obsolve a year ago because he could not keep the interest, however, through the Council's encouragement and pursuasion, he has maintained meet- ings at least once a month. At this time, this Council has brought forth this City further than any other Council in the past fifteen .0208 COUNCIL MEETING November 25, 1985 Page Eighteen to twenty years. Because of Mr. Karth's problem of trying to put forth some uncertainties he has been confronted with and has to explain he has a problem with this Council. He also pointed out this City does not need this kind of input. If he wants to build in Lino Lakes, he would be happy to support him, however, if he wants to tear it down, he is not in his corner and would like to tell him that. Mayor Benson told the Council of the death of Fran Fogerty, Mayor of Blaine. He asked a card be sent to Mr. Fogerty's family and a letter to the Blaine City Council. Mayor Benson will sign the card and letter. Mr. Reinert moved to adjourn at 10:22 P.M. Mr. Marier seconded the motion. Aye. These minutes were considered and corrected at a regular meeting of the City Council on December 9, 1985. L Benjamin 'V1 icu. ti /.1 (L j Marlyn C. Anderson, Clerk- Treasurer Bens n, M yo`