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HomeMy WebLinkAbout08/11/1980 Council Minutes1 151 July 28, 1980 Under New Business, a request for a street dance on LaMotte Drive and to close off a portion of the street. Mr. Locher suggested that alcohol not be served or consumed on City right -of -way. This request is for August 23, 1980 from 9:OOP.M. to 1:00 PJ1. Mr. McLean moved to approve this request, with the barricading og the street from 9:00 P.M. to 1:00 P.M. with the requirement that alcohol not be served on the public right- of- way. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr Locher presented actions to vacate a portion of Mallard. Mr. McLean moved to set a public hearing on August 25, 1980 at 9:45 P.M. for the vacation of this street. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. McLean moved to adjourn at 1:10 A.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered, corrected and approved at a regular meeting heNd on August 11, .1980. Edna L. Sarner, Clerk- Treasurer August 11, 1980 The regular meeting of the Lino Lakes Council was called to order at 7:30 P.M. by Mayor Gourley, Councilmembers present; Elsenpeter, Jaworski, McLean,. Absent; Kulaszewicz. Mr. Locher and Mr. Schumacher were also present. On considering the minutes of July 28, 1980, Mrs. Elsenpeter asked that the word "permitted" be changed to "permits" - page 6, paragraph 2; and the word "what" be deleted from the first sentence - page 8, paragraph 2; Mr. McLean moved to approve the minutes as corrected. Seconded by Mr. Jaworski. Mayor Gourley asked for discussion. Mr. Schumacher noted that actions taken by the Council on the authorization of the water study to be completed by Carley en- gineering and setting Sept. 8, 1980 for the assessment hearing on Project 79 -1 had been omitted from the minutes. There was discussion on why there items were, omi,tted. Mr. Jaworski felt that the action had been taken by the Council and should be in- cluded in these minutes. Mayor Gourley asked that on Page 8, paragraph 5, the min- utes should show that "Mr. McLean voted, No" Motion to approve the minutes as cor- rected carried unanimously.. Consideration of the disbursements was next on the agenda. Mr. Jaworski moved to approve the disbursements as presented. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Under the open mike, Mrs. Cathy Brown of Anoka County had requested time to explain the weatherazation program that is available through the inoka County Community Action Program. She explained the program and asked for names of persons who could qualifly under this program. She left some brochures for handout. Mr. Schumacher asked if this was just for energy conservation or can it be used for restoration? Mrs. Brown said, yes, there are grants available for the restoration of older homes. 7 August 11, 1980 The continuation of the Public Hearing on Shenadoah II was called to order at 7:45 P.M. Mr. Huberty, representing Mr. Rehbein, presented new maps for Council consideration. Mr. Schumacher noted that the last meeting had brought out a problem with the Park dedication. Mr. Huberty pointed out -that more than required had been dedicated in the Shenan- doah I plat. 5.9 acres had been dedicated from the Shendandoah I plat, when the requirement was only 4 acres. There is a small lot to the South of Arrowhead Drive containing 3/4 of an acre that is part of this park land dedication and is seperated from the main body of the park by a street. This was felt not to be feasible. Mr. Glenn Rehbein felt that this had happened during the platting of the two plats. He suggested that the City vacate the small 3/4 acre lot, return it to them, they will dedicate Outlot A to the City and pay the $1500.00 per acre for the 30 acre plat of Shenandoah II. Mr. Allan Rehbein asked if the Park land included Lot one in Shenandoah I and was told, No. Mr. Vernon Lehman asked if there will be a fence installed along the cemetary line and Mr. Huberty thougl.tt there was a fence there already. Mr. Irwin asked what the procedure was to return dedicated park land to the owner - does the owner's in the area need to be notified? Mr. Locher said just by publication. This notice must also be posted. Mr. Irwin asked who will hold the title to Outlot A in Shenandoah II ? Mayor Gourley said this would remain in Mr. Rehbein's possession' until it deeded to the City. Mr. Glenn Rehbein presented the following proposal - he will deed Outlot A, and pay $4500.00 into the park fund and in turn the City will vacate the small lot in Shenandoah I. The general consensus of the Council was that any monies received in lieu of land in this area should be spent for the development of the park in that area. Mr. McLean moved to vacate the 241 x 135 lot in the Southeast corner of Shenandoah l as Park Land and a public heeri ng be svt for September 8, 1980 apt 8:30 P.M. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. McLean moved to approve acceptance of the Shenandoah 11 plat as presented this date - 8/11/80 - and the question of the park land dedication be deferred until the hearing on the vacation of the lot in Shenandoah I. Seconded by Mr. Jawroski. Notion carried unanimously. Mr. Jaworski moved to close the Hearing at 8:10 P.M. Seconded by Mr. McLean. Motion carried unanimously. Mr. McGrath had arrived to present his report on the Animal Control as prepared by the appointed Commission. Mr. Jaworski questioned the provisions for issuing special use permits - he felt the purpose of this Commission was to eliminate this provision and suggested that Subdivisio C of Section 5 be ommitted. 15 August 11, 1980 Mr. McLean questioned the matter of 'leasing'. Mayor Gourley asked for comment on Mr. Jaworski's. suggestions. There was some discussion on this. He also questioned number 5 on page 2. He felt this should be deleted. There was some pros and cons on this matter. Mr. Mc Lean asked how to protect the neighborhood from the animals - this brings up the matter of fencing. Mrs. Elsenpeter - in a rural area how much of the allowable land can be leased. This report designates 2Z acres in rural and rural residential and 5 acres in all other areas. Mr. McGrath explained the rationale of this thinking. Mrs. Elsenpeter asked, that undef:Section 4, Item 3, could it be indicated that these plans must be filed before the animals are brought in? It was the assumption of the Committee that this is the way this should be handled. Mr. McLean asked if the "non- conforming use" should not be included in this report and it was generally felt that it should be. On page 1, No. 5, Mr. Jaworski asked that the reference to Ordinance No. 73 be deleted. Mayor Gourley asked that the word "proposed" be eliminated from the references to the Limo Lakes Lands Use Plan, and to add to the end of the sentence where this is referenced the words, "or zonnng map ". Under Item 4, Section B, delete all wording after the word, "guidelines "; under Item 5, Section A, should refer to "this ordinance "; under sec +ion 3, add at the end per'parcel'; Section 4, Item 1, line A, include something on leasing. Under Section 4, Item 5, it was suggested all registrations be on one single date; also in this item change the word "must" to "shall "; Mayor Gourley said he would like to see the establishment of a permanent board to arbitrate all problems in this area. The Council members had no problems with this idea. There was some discussion on the duties of this permanent board and Mayor Gourley felt the details of this can be worked out at the meetings of the Commission. This report is to be returned to the Committee and the Committee will work on putting this in ordinance form. The Committee will be meeting on Wednesday evenings at 6:30 P.M. beginning August 20, 1980 . A public hearing will be scheduled on this proposed ordinance for public comment. The next item to be considered was the acceptance on the street in Bloom's Addition. Mayor Gourley asked that acceptance of this street be held until some core samples had been taken of this street. He asked that this be done in light of the problems that have been occuring with new streets in the City. Mr. Jaworski moved to held acceptance on this street until the Engineer has taken core samples of the street to insure that this street meets City specifications or the City Engineer Certifies that the street does meet City specifications and that the 20% maintenance bond be provided. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Schumacher reported on a letter that says the street in Equity Estates meets City specifications and is recommended for acceptance by the City Engineer. Mr. Schumacher felt that if the City Engineer says a street is complete and meets City specifications and it fails after a one year period, it should then be the responsibility of someone other than the City for the repair of this street. Mrs. Elsenpeter moved to authorize the City Administrator to contact an independent Engineering Firm to study this street in Equity Estates and determine if the street does meet City specifications and what caused the break up after only one year. Se- conded by Mr. Jaworski. Motion carried unanimously. t54 August 11, 1980 The matter of the Personnel Policy written by Mr. Mike Johnson was considered. Mr. Johnson presented the reasons why this document was written. The existing ordinance are outdated, this gives the Council a set of guidelines to follow. Mrs. Elsenpeter felt that one of the items omitted is provisions for Maternity Leave. She also felt that there should be provisions for new Fathers to take one or two days leave at this time to be taken from sick leave. She also felt that there should be some allowance for sick leave to be taken when a child is ill. Mr. McLean felt that some of the references for Council actions, should be the respon- sibility of the City Administrator - in the area of demotion and firing. Mr. Johnson pointed out this is not part of Mr. Schumacher's job description. It was pointed out that the Council does the hiring and firing. Mr. McLean felt that the area of demotion should be handled by the City Administrator. Mr. Jaworski said he would like more time to read this document. Mr. Jaworski moved to table consideration of this Personnel Policy until the next Council Meeting. Seconded by Mr. McLean. Motion carried unanimously. Mr. Locher presented his report. Mr. Locher reported on the notice of cancellation of the unsurance coverages at the Woodshed. He had contacted the insurance agent a and said he would notify this City if the premium is paid and cocerage reinstated. Mr. Locher recommended that the City notify the Woodshed that if the coverage is not reinstated by August 16, 1980, the facility will be closed. Mayor Gourley reported that he has a copy of a certified copy of a check that was mailed for the premium but that the office in Chicago had not notified the agent that this had been received. Mayor Gourley said this notice was received on the 6th - when does the 10 day period end? Mr. Locher said this does not include the day it was dreceived, this would indicate taht the insurance will expire at midniglt on Saturday, August 16, 1980. Mayor Gourley offered the following Resolution: That unless notification of reinstatement of the in- surance is recieved by the Ctty Clerk from Transcontential Brokers, Inc. before the close of business on August 15, 1980, then the On -Sale license issued to Mitra, Inc. shall be considered suspended as of midnight, August 16, 1980. To a public hearing to be held on August 25, 1980 at 9:30 P.M. at the Lino Lakes City Hall. Seconded by Mr. McLean. Motion declared passed. Mayor Gourley asked if the Council wished to convey to Mitra, Inc. that is not to be a monthly occurance? Mr. Jaworski felt that this information should be forwarded to Mitra, Inc. Mr. Locher reported on the street specifications that are to be included in Ordinance No. 22. These are recommendations from Carley Engineerinj. Mr. Locher briefly explained the changes. Mr. McLean moved to set a public hearing on proposed Ordinance No.22. for Sept. 8, 1980 at 9:00 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Locher presented a copy of a proposed ordinance allowing for the disposal of un- claimed and abandoned property. He also included a copy of the State Statute relating to this problem. Mr. Locher said a lien owner as well as the owner must be considered in the disposal of this type of property. Mayor Gourley asked why this ordinance is needed and Mr. Locher said it sets forth specifics on the disposal of this property. Mr. Schuaacher reported on the cars that are in storage and not claited. This would give the City a means of disposing of these 1 August 11, 1980 vehicles.. Mc. Jawo rski moved to table this ordinance. Seconded by Mr. McLean. Motion car- ried unanimously. Mr. Locher reported on the Malmberg case. The Court had allowed a period of time for the removal of the cars and this has not been done. Mr. Locher had notified the Clerk of Court and the matter will be handled by that office. 155 The next item on the agenda was the consideration of the construction of a com- mercial building constructed in a residential neighborhood by Mr. Richard Klenck. Mayor Gourley presented the following Resolution in conjunction with this problem: WHEREAS, Mr. Klenck resides in the City of Lino Lakes on property that is class- ified R -1, Residential, and WHEREAS, Mr. Klenck has constructed a building on his property and said building was construct without notification to the City of application for a "Building Permit ", and WHEREAS, the said building is of a B -2 commercial classification according to the Minnesota State Building Code, and WHEREAS, the building is being used for a heavy industrial use, and WHEREAS, Heavy Industrial uses and zoning are incompatable with surronnding R -1 uses of land, and WHEREAS, B -2 buildings and Heavy Industrial uses in R -1 zoning is not In compliance with the City's Comprehensive Land Use Plan, and WHEREAS, B -2 buildings and Heavy Industrial uses in R -1 Districts are not in com- pljince with Ordinance No. 56 of the City of Lino Lakes. NOW THEREFORE BE IT HEREBY RESOLVED, that Mr. Klenck has violated the.State Building Code and Orkinance No. 56 of the City of Lino Lakes and that his use of Heavy Industrial is incompatable with the City Comprehensive Land Use Plan and surround- ing R -1 uses. BE IT FURTHER RESOLVED,that the City Attorney is hereby directed to file civil suit against Mr. Klenck in District Court for removal of the building. Mr. Kluge) pointed out this building was constructed without a building permit and this is an 'after the fact' consideration. He also questioned the need for a grease trap and if welding is done it the building, safety measures. Mayor Gourley reported thaf he had also contacted Mr. Mobley. Mr. Mobley said Mr. Klinck had applied for a building permit at one time but it had been refused on two counts; 1) the building did not neet the criteria of zoning ordinances; and 2) there was a numbdr of conflicts with the DNR, Corps of Engineers and RCWB on the filling of wetlands. Sonetime later Mr. Mobley had discovered that the building had been constructed without a permit. Mr. Klenck said he was only informed of this meeting 4Z hours ago by phone and since the Council appears to have made a decision, so he has nothing to say. He said this problem had been dragging on for three yea s. Mr. Kluegel said the Corps of Engineers and the RCWB had not approved this oper- ation and is waiting for a decision from the City. The Clerk asked to correct one Statement of Mr. Klenck's - he was informed at the last Council meeting to return to this meeting - her phone call had been merely a reminder. August 11, 1980 Mayor Gourley moved to adopt this Resolution. Seconded by Mr. Jaworski. There was discussion on the number of acres Mr. Klenck owns with the total about 17 acres. Mr. Schumacher reminded the Council that Mr. Klenck owned less than ten actes at the time the building was constructed. The motion carreid unanimously. The next item to be considered was the problem of outside storage by Mr. Sulander. Mayor Gourley asked Mr. Kluegel if any progress has been made on the removal of this material and Mr. Kluegel said, No. Mr. Sulander explained the reasons why this material has not been moved. Said he had been trying to sell this used material but to this point in time has not been able to dispose of it. He said some of the material will be used to construct a retaining wall on his daughter's property to the North and some of it will be used by a son for the construction of a garage. Mayor Gourley asked how much time he would need to get all this material moved and Mr. Sulander asked for and additional 60 days. Mr. McLean asked if this would clean up all the material and Mr. Sulander said there are a couple of items that he may want to leave there. Mr. McLean asked Mr. Kluegel if he could get together with Mr. Sulander and iden- tify the materials that are to be used for the retaining wall, dock and a deck? Mr. Kluegel said he would be glad to meet with Mr. Sulander and discuss this material. Mr. Sulander said he had some metal shelving that he didn't know what he was going to do with. Mr. McLean moved to allow Mr. Sulander an additional 60 days from this date to remove the material that will remain after he has identified the material that will be used to construct a retaining wall and a dock along his Lakeshore and the blocks to be removed to the property to the North and the remainder of the material to be removed by the end of the 60 days. Seconded by Mr. Jaworski. Motion carried unanimously. The June financial statement was considered. Mr. Schumacher asked if there were specific questions from the Council Mr. McLean asked what the projected roll over figure at the year is at this time, and Mr. Schumacher pointed out the areas where the budget is being over spent but felt that to put a dollar figure would be hard to name at this point in time. He thought that the roll over figure would be about half of what had been anticipated. Mr. McLean suggested that the expenditures should be cut to reflect this decrease in receipts. Mr. Schumacher felt that a budget should be adhered to as close as possible - when a planned expenditure is postponed to the next year, that merely puts everything another year in the arrears. Mr. Mclean was concerned that perhaps the City would need to issue warrants for operating ex- penses in the coming year - Mr. Schumacher felt that was not likely to happen. The report on the Park Board meeting was considered. The Park Board had recommened that the parking lot in Sunrise be done, the updating of the tot lot at Sunrise, construct a pleasure rink and tot lot at City Hall Park and some arrangements for a temporary warming house for the City Hall Park. These are capital expenditures proposed for 1980 and 1981, since the building that had been proposed for City Hall Park is not being constructed this year. There was discussion on where these items fit into the budget and the capital im- provement program. The items for Sunrise Park are in the 1980 budget. The items for the City Hall Park are not budgeted but the work has been proposed in view of the fact that the building proposed is not to be constructed this year. August 11, 1980 Mr. McLean moved to authorize these expenditures to be taken from the dedicated funds. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The next item to be discussed was a request from Forest Lake for $500.00 to be earmarked for use by the Recreation program to pay for a trip to Milwaukee. A $500.00 donation had been given to Centennial for the overall program, not for a specific item. Mr. McLean pointed this out and felt this is the only way this can be handled. He disagreed with a specific items to be designated to receive the money. Mayor Gourley reminded the Council that the action taken for Centennial was after a complete program had been presented to the City Council and this matter had been included in the budget. Mr. Schumacher reported that Centennial and Forest Lake had requested input from the City in the establishment of the Recreation program for the coming year. The Park Board had requested that Mr. Larry Crouse be appointed to represent the Park Board and he had requested that a Council member accompany him. Mayor Gourley appointed Mrs. Marilyn Elsenpeter. Mrs. Elsenpeter asked for some direction from the Council and Mayor Gourley sug- gested that this agency work with the Park Boark on their recommindations and this then can be forwarded to the Council for a decision. Mr. Schumacher reminded the Council this is a needed program in this City for the people but it will also be a plus in the application for LAWCON grants. The discussion of the fee schedule as prepared by Mr. Johnson was turned over to Mr. Johnson. Mr. Johnson explained the reasons for his recommendations. Mayor Gourley went through the costs on the platting and discussed the ones that had come in lower than the proposed deposit. There is a provision for the refund- ing of any deposit that is not used in the platting process. The fee is not re- fundable. If there are additional costs, this will be billed when the deposit had been used. Mr. Johnson pointed out this is changing a paragraph in Ordinance No. 52. Mayor Gourley suggested that perhaps, since this is a very short ordinance, it might be advisable to repeal Ordinance No. 52 and write a new ordinance. Mr. Johnson pointed out this is also affected by severs) other ordinances. Mr.Locher will put this in a form that can be considered by the Council. A request from North CentOal Public Service for the installation of gas lines in Mardon Acres. Mr. Jaworski moved to approve this request. Seconded by Mr. McLean. Motion carried unanimously. A request from the League of Minnesota Cities on the matter of the payment for the construction of a building to house that agencyls offices. There were several methods suggested as a means by which the Cities could pay the money. 1) in a lump sum; 2) over a 5 year period; 3) over a 10 year period. Mr. Schumacher pointed out the amounts that would be due from this City under each of the above plans. The fourth alternative would be to increase the dues by 20% but it does not state for how long. This survey should be answered by August 2.5, 1980. The general consensus of the Council was that would prefer to pay for this in one lump sum. Mr. Jaworski moved August 11, 1980 this information be forwarded to the League. S conned by Mr. McLean. Motion carried unanimously. Mr. Johnson thanked the Council for the opportunity of working with them on the internship for this summer months. Mayor Gourley had several items under new business. Mr. McLean objected to this because they were not on the agenda. Mayor Gourley reminded him that new business is a part of the agenda per Ordinance #20. The first item to be considered under new business was the setting of the hearing for the assessment rolls for the Black Duck improvement project. Mrs. Elsenpeter moved to set this hearing for September 8, 1980 at 7:45 P.M. Seconded by Mr. McLean. Motion carried unanimously. The next item was the authorization for Carley Engineering to do more detailed study on the proposed million gallon water tank. Mr. Jaworski moved to approve this authorization. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mayor Gourley moved to designated the Hugo State Bank as the official City depos- itory. Seconded by Mr. McLean. Motion carried unanimously. Mrs. Elsenpeter felt that if a meeting lasted beyond 10:30 to 11:00 P.M., a meet- ing could be continued. Mayor Gourley said this is an option that is open for Council action at any time. Mr. Jawroski moved to adjourn at 11:10 P.M. Seconded by Mrs. Elsenpeter. Aye. WHEREAS, by a Resolution passed by the Council on August 11, 1980, the City Clerk was, directed to prepare a proposed assessment of the cost of improving the following City streets: Black Duck Drive, Partridge Place, Black Duck Circle, Mallard Lane, and Crystal Court. 1 AND WHEREAS, the Clerk has notified the Council that such proposed assessments has been completed and filed in her office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LINO LAKES, MINNESOTA, 1. A hearing shall be held on the 8th day of September in the City Hall at 7:45 P.M. to pass; upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an oppurtunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two (2) weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also caused mailed notice to be given to the owner of each parcel described in the assessment roll not less than two (2) weeks prior to the hearing. Adopted by the City Council this 11th day of August, 1980. August II, 1980 These minutes were considered, corrected and approved at a regular meeting held on August 25,1980. Edna L. garner, Clerk- Treasurer August 25, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. on August 25, 1980 by Mayor Gourley. Council members present; Elsenpeter, Jaworski, Kulaszewicz, McLean. Absent; None. Mr. Locher, Mr. Meister and Mr. Schumacher were also present. Mr. McLean moved to approve the minutes of August 11, 1980 as presented. Seconded by Mr. Jaworski. Notion carried unanimously. On considering the disbursements, Mr. Jaworski moved to approve the disbursements as printed. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Robert Burman, County Commissioner, presented some tax forfeit property that is available for City acquisition if they so desire. Mr. Burman left a map noting t(;iese lands and the legal descriptions of the lands. He said they could be purchased for the appraised value. It they are interested just let him know. Mr. Burman also told the County had progressed to the point where the Anoka County Highway Department would like to meet with City Officials on the plans for the up- grading of County #23. The Clerk was instructed to contact Mr. Paul Ruud aid set this meeting for the evening of September 15,1980 at 7:30/8:00 P.M. Mr. Burman reminded the Council that he was running for re- election and asked if there were any problems they would like to discuss with him. Mayor Gourley said there are three problemed streets in the City that should be assumed by the County as County Roads 1) 24th Avenue; 2) 80th Street and 3) Pine Street. Mr. Burman said the transferringfof roads is not as simple as it once was - Metro Council gets involved. He said he is interested and is aware of the maintenance problems on these streets. He will consult with Anoka County Highway Department and will get back to the Council. Mr. Jerry Young, representing the Circle -Lex Lions Club presented information on the upcoming Sandburr Days to be held at Sunrise Park September 6 and 7. The proposed activities to be held were discussed. Mr. Young asked for a beer permit for the two days. After some general discussion, Mrs. Elsenpeter moved to approve the use of Sunrise Park by the Circle - Fines -Lex Lions Club on September 6 and 7, 1980 and to issue a beer permit for the sale of 3.2% beer beginning at 8:00 A.M. on September 6 until 1:00 P.M. and on September 7, 1980 from Noon until Midnigh +. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Dick Paulson, who lives on Vicky Lane, appeared before the Council to present a