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HomeMy WebLinkAbout05/12/1980 Council Minutes1 1 meeting held on May 12, 1980. May 6, 1980 Board of Review Edna L. Sarne , Clerk- Treasurer May 12, 1980 Council Meeting 000093 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. on May 12, 1980, by Mayor Gourley. Mayor Gourley noted that all Council members were present. Mr. Locher and Mr. Schumacher was also pres- ent. Mr. McLean moved to approve the minutes of the March 17, 1980 minutes as pre - sented. Seconded by Mr. Jaworski. Motion carried unanimously. On considering the minutes of April 28, 1980, there several corrections. Mr. Kulaszewica moved to approve with the noted corrections. Seconded by Mr. McLean. Motion carried unanimously. The May 6, 1980 Board of Review 'meeting were considered. Mr. McLean moved to approve. Seconded by Mr. Kulasewicz. Motion carried with Mr. Jaworski abstaining. The disbursements were considered. Mayor Gourley noted that the checks listed on the front page were for the Board Members (p &Z & Park) for the 1st. quarter. Mr. Kulasewicz moved to approve the disbursements as listed. Seconded by Mr. McLean. Motion carried unanimously. There was no one scheduled under the open mike portion of the meeting. Mayor Gourley had been called by a Mary Ann Eckert but she was not present. Mr. Suchy was present. He had understood that he should be here at this meeting. Mayor Gourley informed Mr. Suchy that he is scheduled for appear- ance before the Planning Commission on May 21, 1980. The Attorney's report was considered next. Mr. Locher'reported that he had received the deeds for the ponding in Sunset Oaks, but he has not had time to check these for the correct legal description. He will check and report at the next Council meeting. Mr. McLean questioned the remainder of the lots after the ponding areas are deleted - does this leave this developer with some illegal size lots? This will be checked also. Mr. Locher presented a proposed street lighting ordinance, NO. 21C, this to also include the placement of street signs by the developers. There was dis- cussion on the two alternative methods of installation - 1) the developer pays for the installation or 2) the City installs ans assumes the liability for the street lights and the maintenance of the installations. May 12, 1980 Mr. Schumacher reviewed the difference in the cost of the electricty for City owned light poles. There is also the cost of insurance for the City owned property. Mr. Schumacher felt the main point of con- sideration was whether the City should maintain these lights or should the maintenance be left to the electric companies. In order for the City to assume the responsibility for the maintenance of the lights, the City would have to enter into a contract with an electrical con- tractor. This City does not have the manpower nor the equipment to maintain street lights. There was discussion on the pros and cons of the City maintenance of these poles and the responsibilites this would entail. Can the exist- ing lights be incorporated into a City maintenance program? Does the $100.00 deductible per occurance refer to each pole or to the incident? Can the cost of these poles be assessed? It was generally felt the City could save approximately $30.00 per year per pole, on electric costs if the City assumed the responsibility of the maintenance. This takes into consideration the cost for insurance. The Council felt there were some questions that need to be answered, to include the cost of insurance, the matter of an electrical contractor for maintenance, and how the deductable coverage is applied. There was the discussion on the liabilities that the City would assume in the ownership of the poles. Mr. Locher felt the major liability would be the climbing of the poles by children. Mr. McLean moved to approve the Ordinance on Street Lighting and Street Signs. Mr. McLean moved to set the public hearing on this Ordinance for May 27, 1980, at 9:30 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Schumacher is to check on the insurance matter and Mrs. Elsenpeter asked that the cost of an electrical contractor would cost. The continued Public Hearing on the matter of the ordinance amendment for the construction of accessory buildings were called to order at 8:05 P.M. Mr. Schumacher presented the revised amendment. This would limit the size of a metal accessory building in residential areas to 150 square feet. The "rural Residential" classification was added to those already listed. Under 'N' eliminate the word 'metall' and insert the 'accessory'; after the work 'except' insert 'those buildings' and after the word 'agricultural' add 'commercial,and industrial purposes'. Mr. McLean moved to approve this ordinance amendment. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Clerk was directed to publish this Ordinance amendment. Mr. McLean moved,to close the hearing at 8:25 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Locher and Mayor Gourley presented some changes in Ordinance #73 dealing with the keeping of animals. This is a matter of wording to make the Ordinance consistent. Mr. Kulaszewicz moved to set a public Hearing on Ordinance #73 at 7:45P.M. on June 9, 1980. Seconded by Mr. Jaworski. Motion carried unanimously. 1 1 May 12, 1980 Mr. Locher will check the Liguor Applications and report on them later in this meeting. 000095 The Public Hearing on the Lino Industrial Park was called to order at 8:35 P.M. Mr. Schumacher presented the consultants reveiws and recommendations on this plat. He also noted that the original plat emcompassed the total and area, however at this time only the first phase of the land is being platted. This will include Lots 1 through 6, Block 1, and Lots 1 &2, Block 2. The Minnesota Department of Transportation had reviewed this plat and found no problems. This plat had met all the requirements as set forth by this City. The Planner and Engineer had recommended approval. The Planning and Zoning Board had reviewed this plat and had recommended approval. The Park land requirements from this plat has been satisfied with lands from the Woilan's Estate plat. Mrs. Elsenpeter asked if there was any indication as to when the remainder of this plat will be completed and Mrs. Schilling pointed out the areas for phases two and three. The zoning of this land was questioned - technically it is classified LI in the comprehensive plan, but to make this land avail- able for LI uses immediately, it was suggested that Mrs. Schilling apply for a rezoning. The preliminary plat of the entire area has been approved by Planning and Zoning. Mayor Gourley suggested approving the entire plat with the devel- oper drawing in the phases. These phases could be authorized at the need of the developer. Mr. McLean moved to approve the 1st. phase of the plat of the Lino Industrial Park as presented.Seconded by Mr. Kulasewicz. Mayor Gourley asked Mrs. Schilling to prepare a phased drawing of this plat. This 1st phase to in- clude Lot 1 through 6, Block 1, Lots 1 & 2, Mayor Gourley asked that this motion include that the Park land requirements had been fullfiled, by the taking of additional lands in Wollan's Estates. This was acceptable. Motion carried unanimously. Mr. Kulaszewicz moved to close the public hearing at 8:55 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. A ten minute recess was called at this point in the meeting. The meeting resumed with Mr. Schumacher reporting on the continued planning and Zoning items. Mr. George Meadows had called to say his certificate of survey was not com- pleted and asked to be put on the next agenda. Mr. Gehrman was next. Mr. Gehrman is asking for a special use permit to construct a storage building just North of the existing Bus barns, located on Hodgson Road. Mr. Gehrman said they proposed to.construct an 8,000. square foot block building to be used for storage. This company owns apartment buildings and this building will be used for storage of rolls of carpeting, riding lawn mowers, garden tractors, possibly a truck, and the kinds of equipment necessary for the maintenance of these buildings. Mr. McLean asked if any maintenance work would be done in this building and Mr. Gehrman said the possibility of overhauling a lawn mower or something in that range. 0000% May 12, 1980 Mr. Gehrman said he had consulted the lady to the South and she had signed the petition as being ih favor of the construction. There was discussion as to what zoning this should be. This land is zoned commercial the first 300' from the street right -of -way of highway #49. It is an existing parcel of land of record as part of arthur Thom Acres Plat. After some discussion, it was the general consensus of the Council that the planned use for this land conforms to the current zoning of commercial. Mayor Gourley pointed out the requirement in Section of 5.03 for the construction of a commercial building. He said it does not mean that all these requirements would apply to this particular proposal, but some of them do, it also requires that all property owners within 300' must be notified and there are only two signatures on this application. The Clerk was instructed to mail notices to all persons whose lands lie within 300 feet of this parcel. Mr. Gehrman will be on the June 9, 1980 agenda Mr. Schumacher suggested obtaining an abstract of the property owners that lie within this required distance. Mayor Gourley suggested that this one be handled in the office and in the future this method will be con- sidered. Mayor Gourley felt that perhaps Mr. Gehrman should try to sell his idea before this matter is presented to the Council. The next item to be considered was the application of Mar Don Homes for the rezoning of several lots in their plat to R2. Mayor Gourley asked if the matter of the Letter of Credit had been cleared. Mr. Schumacher said this had been discussed this morning. This letter of Credit is necessary to keep all developers on the same level. Mr. Tramm was under the impression that the letter that had been pre- sented was a letter of credit. It would appear there had been some mis- understanding on the part of Mr. Tramm. Mr. Tramm also felt the estimated costs of the project installation was too high. If there is a problem, the Council felt this should be discussed with Mr. Gotwald, and if in error, Mr. Gotwald would send a correction for the estimated costs. Mayor Gourley felt that this letter of Credit will need to be in the offices before the R2 applcation is considered. He did tell Mr. Tramm, that personally he liked the idea of inserting R2 among the R1 zonings. Mr. Tramm told the Council he was trying to get FHA approval of this plat and one of the major point of contention was the holding ponds. Mr Tramm asked if these areas could be deeded to the City and the general consensus of the Council was this was done for plats in the past and could also be done for this plat. Mayor Gourley said Mr. Tramm could be on the May 27, 1980 agenda, if the Letter of Credit is in at that time. Mayor Gourley asked if there was anyone present to represent Land and Oaks and there was no one. 1 1 000097 May 12, 1980 Mr. Schumacher presented the actions of the Park Board. The first item they had considered was the additional parks in the Sunset Oaks Plat. Mr. Stanley had left the matter up to the Park Board as to the location of these Parks. The subject of the installation of the tennis courts in Arena Acres was discussed. The Park Board had agreed that they would assume the cost of the installation of the nets and fence but not until the street was sur- faced. The Park Board has reviewed the plans and specifications for the building planned at the City Hall Park and had recommended these be presented to the Council for their consideration and approval. Mr. Schumacher will be pre- senting these at the next Council meeting. The Plat of Scheunemanns Corner was considered and the Park Board re- commended money in Ieiu of land since this is such a small plat. This would amount to $900.00. They also recommended money in leiu of land for Land and Oaks Plat which would amount of $3,000.00. Mayor Gourley opened the Public Hearing on Lands and Oaks and asked for a motion to continue this hearing until the June 9, 1980 meeting at 8:30 P.M. seconded by Mr. Kulaszewicz. Motion carried unanimously. On considering the Audit Report, Mayor Gourley suggested that the roll o'er figure should be budgeted at a higher figure and that the Utility Funds should besplit out of the general fund. The first matter can be handled at budget time and the second needs a Resolution and Mayor Gourley requested Mr. Locher to prepare such a Resolu- tion and the Council will come back to that. The next item was the consideration of the resolution on the Breath Testing Equipment. This will be equipment to be used by the Police Department with no cost to the City. Mr. McLean moved that this Resolution be adopted and authorize the Mayor and Clerk to sign. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley read a Proclamation declaring the week of May 10 through May 16 as Clerk's Week. The.next item on the agenda was the consideration of an advisory consultants list. Mr. Schumacher explained his reasons for preparing this list. One of his major concens was fire protection for this City. He felt this will need assistance in order to prepare a plan for the next five years. He requested authorization to talk to either Barton /Aschmann or RCM to establish a start- ing place. Mr. McLean asked the cost and Mr. Schumacher said this the reason for the consultations. Mr. McLean moved to authorize Mr. Schumacher to pro- ceed to invertigate the feasibility of the establishing of a fire department for the City of Lino Lakes. Seconded by Mr. Kulaszewicz. Motion carried un- animously. 000098 May 12, 1980 The next item is dealing with engineering. Mr. Schumacher felt that this City should have more than one engineering firm for consultation an various items. He felt that no one engineering firm has in -house staff to handle all the various needs this City has. Mr. Schumacher felt that the City would get a better quality of work and there would not be the question of conflict of interest. Mr. Schumacher has discussed this with the current City Engineer and he has no problem with this proposal. Mr. Schumacher has researched some engineering firmas and would recommend to this Council the firm of Orr, Schellng Marian - OSM to work with the City on projects where additional expertise is needed or a conflict of interest may arise. This firm has a very diverse staff including gas utilities. Mr. McLean asked if this firm has a hydrolagical engineer and Mr. Schumacher felt they did not, but he felt that Barr Engineering would be requested to assist in that field. This firm would be consulted only by Council direction. Mr. McLean moved that OSM be listed as additional consultant for engineering. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item was to consider ending the City Administrator's probationary period. Mr. Kulaszewicz so moved. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean noted that a salary consideration was to be made at the end of this probationary. This salary would increase from $25,500 to $27,000 per year at the end of that period. Mayor Gourley moved to approve this salary increase to become effective May 1, 1980. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next salary item on the agenda was the consideration of the Clerk's adjustment for 1980. Mr. Schumacher explained that when the other ad- justments were made he had requested additional time in order to make a more clear definitions between the duties of the two offices. He also pointed out there are no parallels to be drawn as to Clerk's salaries. He recommended a 9.5% salary increase retroactive to Jan 1, 1980. This 9.5% that includes the 5% that had been given at the first of the year.- Mr. Schumacher noted that the Clerk receives $20.00 for H &W - he recommended this be added to the salary. ..Mr. McLean moved to approve this salary in --- crease with the $20.00 to be added to the salary. There was some discussion on the payroll tax on this money. The motion was seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher presented the matter of a intern for this City. The person he had interviewed lives. in Brainard, goes to school in St. Cloud, he will need to move down here for a period of 10 to 12 weeks. Mr. Schumacher asked for some ideas from the Council as to where this person could live for that period of time since there are no apartments in the City. There had been a expense figure of $200.00 mentioned at a previous Council meeting. Mayor Gourley asked they think about this matter. Mr. Schumacher felt that a study of the current fees of the City and the recommendations for up- grading would be one of the areas where this person would work, also in maping out the City owned properties. 1 1 1 1 May 12, 1980 The open house as planned for the Lexington Fire Department for May 18, 1980 would need to be rescheduled. This was set for June 1, 1980 at 1:00 P.M. 000099 Mayor Gourley met with the CD, Police Chief and both Fire Chiefs. This was to discuss the problem areas in the City where the potential for fire is great. Several maps were drawn outlining these areas and these will be forwarded to the Fire Chiefs. There is also a list of emergency shelters in the City with the number of persons that can be handled at each location. Mayor Gourley read a letter from Mr. & Mrs. Kelling thanking the City and the Police for keeping an eye on their home while they were on vacation this past winter. This letter to be filed with the Police Department files. Mr. Locher reviewed the liquor licenses and reported as follows: J &K - the insurance and bond was ok. Mr. Locher said the City also needs a letter from the applicant stating that the insurance will not be can- celled by them without the ten day written notice. The binder for Shidon was considered. The insurance needs the 10 day written notice. This is for the Woodshed and is in the process of being sold. The dates on the application need to be corrected. The new owners will need to be checked by the Police Department. The VFW needs to be notarized and the insurance or bonds are not here. Hanks' Superette was ok; Tom Thumb - ok except for notarized. The 49 Club bond and insurance are not here. Lee' of Lino', bond and insurance are here but the "10" should be typed in on the insurance. These are not for approval at this meeting - just for review at this time and will be ready for approval at the next meeting. Mr. Schumacher requested that the Chief of Police take a look at these applicants give a report back to the Council as to the incidents and this would give the Council an indication of problem areas. Mayor Gourley noted that all points must be cleared before the next meeting on the 27th of May - no special meeting will be held to approve these licenses. Mr. Locher read the following Resolution: Be it Hereby Resolved by the City Council of the City of Lino Lakes, that the City Administrator be directed and authorized to establish seperate accounting funds for utilities expenditures for the City. Mr. McLean moved to approve the above Resolution. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley said the City must adopt WPC - 40 by Ordinance. This will need to be published, and is to be put on the agenda for May 27, 1980. Mr. Locher will draft this Ordinance for Council consideration at this meeting. Mr McLean moved to adjourn at 11:00 P.M. Seconded by Mr. Kulaszewicz. Aye. 000100 May 12, 1980 These minutes were considered, corrected and approved at a regular Council meeting held on May 27, 1980. 0-0-A-4WO Edna L. Sarner Clerk- Treasurer Council Minutes May 27, 1980 The regut r meeting of the Lino Lakes City Council was called to order at 7:35 P.M., by Mayor Gourley with all members present. Mr. Locher, Mr. Carley and Mr. Schumacher were also present. The minutes of May 12, 1980 were considered. Mr. Kulaszewicz moved to approve the minutes as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mrs. Elsenpeter moved to approve the disbursements as presented. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Dean Allen had called and asked to be on the open Mike portion of the meeting but was not present. Mr. Al Ross had asked to speak. He presented his thoughts on the matter of this Council approving a back -up Engineering Firm. He felt that Carley Engineering had been more than an Engineering firm for this City. He asked that this matter of a backup Engineering firm be talked over with Carley Engineering. Mr. Clifford Ross, Sr. had asked to speak. Mayor Gourley cautioned the Council that Mr. Ross is speaking on a matter th$t is in litigation. Mr. Ross told the Council that he wants to repair a garage. He sai-d Mr. Mobley would not allow the building to be repaired. It needs to be jacked up, a new wupport installed and a new roof put on. Mayor Gourley said the Council will take this matter up with the City Attorney in a closed session after this meeting. If a decision is made at this meeting, Mr. Ross will be notified. The plans and specifications for the City Hall Park Building were considered. Mr. Schumacher reported to the Council that the Park Board has approved these plans and had forwarded them to the Council. He also pointed out that at the present time, this City has applied for a LAWCON Grant for the development of the County Lakes Park and, if approved, the Park Fund will be used as the city's matching fund portion of that grant. Mr. McLean moved to table consideration of these plans until such time as the City has an answer on the Grant application. Seconded by Mr. Jaworski.