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HomeMy WebLinkAbout10/14/1980 Council MinutesX90 October 6, 1980 After further discussion of the 1981 budget a Special Budget Meeting was set for Monday October 20, 1980 at 7:30 P.M. Mr. Jaworski moved to adjourn at 9:18 P.M. Mr. McLean seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting held on October 27, 1980. Edna L. Sarner Clerk- Treasurer October 14, 1980 The regular meeting of the lino Lakes City Council was called to order at 7:30 P.M. October 14, 1980 by Mayor Gourley. Council members present; Etsenpeter, Jaworski, Kulaszewicz,. Absent : McLean. Mr. Locher, Mr. Meister and Mr. Schumacher were also present. The minutes of the September 22, 1980 meeting was approved as presented. On considering the minutes of the Special Meeting of September 29, 1980 Mr. Jaworski felt his reasons for voting on the preliminary plat for the Quads was not clear and he asked that this be corrected. Page 8, 2nd paragraph, Mr. Jaworski said in answer to Mr. Benson's question, that he had taken into consideration the opinion of the people, that was why he amended the motion. He feels the only way to get the an- swers to the questions raised is to get the preliminary plat submitted to the RCWB, DNR - get all the answers from those people. Until these plans are submitted, no answers are available. The minutes of September 29, 1980 were approved with the corrections. Members of the Council did not have copies of the special meeting held on October 6, 1980. Approval of these minutes were tabled for the October 27, 1980 meeting. On considering the disbursements, Mr. Kulaszewicz moved to approve as presented. Seconded by Mr. Jaworski. Motion carried unanimously. Under Open Mike, Mr. Guy Herr appeared with a proposed project of the JC's to conduct a clean up weedend in the Spring. He outlined their proposal and asked the City's cooperation in provididg dumpsters and a place to hold a garage sale of the material that was collected and still usable. The general consensus of the Council was that they could agree with the plan providing the expenses could be worked into the budget. Mr. Herr will get further information for the Council and return at a later date. Mr. Harvey Karth appeared to discuss a water problem he has in his back yard. Ac- cording to Mr. Karth this problem is caused by the construction in Sunset Estates. He suggested that some minor grading be done on the rear of the lots in Sunset Estates. After listening to Mr. Karth, the Council requested that Mr. Schilling be requested to attend the October 27, 1980 Council meeting to discuss this problem. Mr. Jaworski so moved, scconded by Mr. Kulaszewicz. Motion carried unanimously. The RCWB is to be contacted on this plat. 191 October 14, 1980 Mr. Matzke of 482 Main Street, appeared to ask the Council for assistance in getting a water problem solved for him. Mr. Matzke said the basic problem is the County ditch that goes through that area is filled in and the water does not drain properly. Mr. Kulaszewicz asked if Mr. Matzke had contacted Mr. Paul Ruud, Engineer for Anoka County - this would be one way to perhaps get some work done on this ditch. Mr. Matzke said he had not. Mr. Kulaszewicz said he would contact Mr. Ruud and Mr. Robert Burman on this problem and report back to the Council. Bonnie 011ila and Wayne Bergman had requested to be on the agenda, but neither person was present. The next item to be considered was the setting of a Public Hearing for the use of Federal Revenue Sharing Funds. Mr. Jaworski moved to set the meeting for November 10, 1980 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was consideration of a request from North-Central Public Service to install gas line in Rohavic Oaks and Lakes Add. #2. On considering the Lakes Add. #2 request, Mayor Gourley asked about the easement that is not shown on the County maps. Mr. Meister indicated these lines are in and this drawing is for informational purposes. Mayor Gourley suggested this information should be sent to the County. The proposal for Rohavic Oaks is a new installation in the street right - of -way. Mrs. Elsenpeter moved to approve the gas line installation on Rohavic Oaks. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was authorization for Anfinson Hendricksen to perform the 1980 audit. Mr. Schumacher felt that this firm had done a good job last year and he felt it would be costly to change auditors in that a new firm would have to learn the system. There is an estimated $500.00 increase. He would recommend this firm be ap- proved., Mrs. Elsenpeter moved to approve this authorization. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The resignation of Mrs. Susan Sears as a member of the Park Board. Mr. Jaworski moved to accept with regrets, the resignation. Seconded by Mrs. Elsenpeter. Mayor Gourley amended the motion to include a letter of thanks be written to Mrs. Sears.. This was acceptable. Motion carried unanimously. The Engineers report wos considered. The first item was the status of the water system study. Mr. Meister presented two alternatives. 1) well in the Country Lakes Area and the tank in the Shenandoah area - cost $1,268,960.00 construction cost; 2) well between Country Lakes and Shenandoah 1,230,360.00. He said this is about as far as the Engineering can go until they are authorized to do a complete water study for the City. Mr. Meister presented a sample of another study for the Council to consider. The estimated cost of this study would be approximately $12,000.00. This study would in- clude the entire area of the City. Mayor Gourley said the major problem of this subject is the fact that in order to get this off the ground, is the expenditure of approximately $12,000.00. This City does not have funds to put into a plan of this size and then put on the shelf and not carry through with the constructuon. Mrs. Elsenpeter questioned the fact that perhaps Federal Funds may be available for this study. Mr. Schumacher felt this would be questionable, but he will check into this fact. October 14, 1980 Mr. Meister pointed out that due to the development in the Country Lakes Area, some- thing will be needed in that area quickly. This would be the new development in the area where the utilities have just been installed. The number of Tots in that area are approximately 102. The existing well may not be able to handle this develop- ment. There was discussion on the many facets of this proposal with Mr. Schumacher saying that he will do some research as to what funds are available and have ready for the next Council meeting. Mr. Kulaszewicz moved to table this water study. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Pearlt of the State Liquor Control Commission, was here to discuss the proposed new Liquor Ordinance the Council is considering. Mr. Locher had requested Mr. Pearlt to attend a council meeting to answer any questions. Mr. Pearlt has gone over a copy of the proposed new ordinance. He has several comments, but otherwise, he felt this was a good ordinance. Subd. 1, Under Fees talked about a wine license cannot exceed one -half of the on- sale liquor license or $20,000.00, whichever is less. Subd. 2, under hearings - add 'Or Club Liquor License.' Mr. Pearlt liked the manner in which the distances from Churches and Schools was set. Subd.5 of Sec. 8, asked about restricting the sale of liquor on credit - he wonderdd if this also includes major credit cards. He felt this could cause a problem in restaurants or hotels. Sec. 9 - restrictions on purchase and consumption - in the first paragraph 'no person shall consume liquor in any such place' felt should add "unless licensed or permitted ". Sec. 10, under suspension and revocation - hearing according to State Statures - has an Attorney General's opinion which states that aCity does not have to hold a hearing under this law - that is only -for State agencies. He suggested the language dealing with this requirement be deleted. Mr. Pearlt also commented on the lack of provisions for a set -up license. The State Law allows up to $300.00 for this license. Prior to 1978, the State was the issuing authority, but that has been changed. It must now be approved by the local governing body. The Council may impose a fee of up to $300.00. Mr. Jaworski asked about the discontinuing of the 3.2% beer. Mr. Pearlt said there has been three attempts to get rid of the 3.2% beer. He felt that this will become a reality sooner or later. Mayor Gourley asked about combination licenses. There had been a Statute that says you cannot issue two licenses to one person. This had been changed by the 1980 Legislature. On -Sale still may only hold one off -sale. The combination license is legal. There was discussion of requirfing separation of on -sale and off -sale in the same building - Mr. Pearlt said it is not required by State Law, however, the City may require this as a part of the license requirements. Mr. Locher read an amendment that he had written defining 'premises'. Mr. Pearlt agreed with the context of the definition. There was some discussion on the insurance problems that exists with the owners. Mr. Pearlt explained this is a self insured type of l5 gram and he felt it would be a good thing for the industry. 1 193 October 14, 1980 There was discussion on the requirements in conjunction with the sale of stock and what constitutes a change in ownership. Mr. Pearlt said in the case of large cor- porations, this might be limited to 10% in order to avoid a lot of extra paper work. Mayor Gourley thanked Mr. Pearlt for his time and comments. Mr. Dave Torkildson, of the Anoka county Park Department, was next on the agenda. Mr. Torkildson presented maps of the planned development of the Chain of Lakes Park. Mr. Torkildson said this presentation is for the purpose of updating the Council and Citizens on the work being done in that area. Mr. Torkildson reported the County had received some $850,000.00. for the development of the Park. He reported that an Enviormmental Assessment Worksheet had to be completed in order to receive this money. This had been accomplished.' Mr. Torkildson pointed out the several area of archaeological finds that cannot be disturbed. He said basically the plans have not changed from the original plans that had been worked out in 1975. A contact for approximately 8 miles of parkway, 16 parking lots, 100 pads for the overnight camping and a parking area for canoes near the bridge on County Road #14. The Kohler home on Centerville Lake will be sold and moved and a bath house will be constructed in that area and the beach will be developed in the Spring. There will also be a picnic area developed. Mr. Torkildson pointed out that all the main roads serving the Park will come off of County Rd. #14. There will be no through parkways from County Road #14 to Birch Street. The Parkways will end in a parking lot with no driveway; through. Mr. Torkildson said he is trying to use the profits from the golf course to set up an enterprise fund for the purpose of construction the back nine of that course. Mr. Schumacher questioned the possibility of patrolling of the Park and Mr. Torkild- son said his budget has been accepted by the Board of Commissioners and that does provide for additional patrolling. Mr. Torkildson was thanked for his time and information. Mayor Gourley asked that Mr. Torkildson take the maps to the back of the Council Chambers and he called a re- cess at this time. The meeting was reconvened and the Public Hearing on the vacation of LaMotte Park was called to order. This is a continuation of the hearing. Mayor Gourley asked for comments from the audience. Mr. Glenn Simonson asked why this is being vacated and Mr. Schumacher pointed out that the Park Board had felt this parcel of land is too small to develop. The re- commendation from that Board had been to sell this parcel of land and use the money to either develop a larger park in that area or perhaps participate with Centerville in the development of their park. Mr. Simonson said he bought his lot from Mr. LaMotte with the stipulation, that this would be a park - not a ball field - just a park for small children. Mayor Gourley pointed out that Centerville has acquired 10 acres and have developed a 5 year plan for the development of this park. He felt there would be more facili- ties available in this larger park. Mr. Roger Hoffmeister said he liked the idea of having the open area next door to his house and would like to see the park left as is. 194 October 14, 1980 Mr. Simonson said that part of the package deal when he bought his lot was that he would also have access to the Lake. The City does own a 60' outlot that has a drainage ditch to the lake in it. Mr. Jaworski pointed out that the lake shore area is owned by the Saint Paul Water Department. Mr. Simonson suggested that perhaps the ownership of the outlot would be deeded to the land owners so they could develop for their own use. Mr. Mike Mastro who lives next to the outlot felt there is no need to develop that outlot any more than it is now. He mows it in the summer and tries to keep it clean. Mayor Gourley asked Mr. Simonson what he had in mind when he asked about seeing this outlot developed and Mr. Simonson repeated his suggestion that this land be deeded to the off lake land owners. Someone asked how this land would be split and Mayor Gourley said into two lots. Some one said he hadn't talked to anyone who was in favor of this split and Mayor Gourley said the intent was to provide more facilities for the residents of the area. 1 Mrs. Elsenpeter said that if this is sold it will be put on the open market and perhaps the land owners would like to form a home owners association and purchase the land for their own use. Mr. Simonson felt he had already paid for the park when he pur- chased his lot and did not want to pay for it again. Someone asked how much of the money will be used in the development of the Center- ville Park and Mayor Gourley said that question could not be answered in that there is no sale price listed on the lots as yet and this Council has no knowledge as to the development plans for the Centerville Park. A lady suggested that any money the City donates to the development of this park be designated for the development of a part of the park for small children and Mayor Gourley agreed this could be done. Mr. Kulaszewicz felt there was not enough representation present at this meeting to make a decision on this at this time. He felt this should be ?fabled to a future meeting. Mr. Jaworski moved to continue this hearing until October 27, 1980 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mayor Gourley pointed out that on October 25, 1980 there is Local Government Day and there will be Park Board members present. This might be a good time for the resi- dents to discuts this with those members. The Clerk is to contact Mrs. Pracher at Centerville for a copy of their five year development plans. Mayor Gourley asked if any one was present for the 9:30 P.M. Public Hearing on the amendment to Ordinance #56 dealing with retail plumbing shops in the General Business area but excluding the general plumbing contractors from that zoning and keep them III in the LI area. There was discussion of exterior storage. This would be prohibited in this ordinance revision. Mr. Jaworski moved to adopt the amendment to Ord. #56 relating to the sale of retail plumbing supplies. Seconded by Mrs. Elsenpeter. Motion carried unanimously. October 14, 1980 The Clerk was directed to publish this ordinance as soon as it is completed by the Attorney. Mr. Jaworski moved to close the hearing. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Building Official's report was next on the agenda. Mr. Kluegel presented the revised 1980 State Building Code that should be adopted by the Council. This includes the revised building permits fees. The fees currently in use are the fees recommended from 1976 State Building Code. Mr. Kluegel pointed out the new fee schedule being used by most other cities. Mayor Gourley moved to adopt the 1980 Building Code schedule fees as set by the State. Seconded by Mr. Kulaszewicz. Mayor Gourley asked if there were any other fees that should be considered and Mr. Kluegel suggested the well suggested that the well and septic system also be increased. Mr. Kluegel had done some research on these permits and found this City to be quite low. The inside plumbing would be adjusted to $5.00 for the first opening and $3.00 for each additional fixture. The septic system would be $25.00 and the well permit would be $15.00. Mr. Jaworski asked if these fees are part of the Plumbing Code or may they be changed from time to time by Resolution. Mr. Locher will check. The Council voted on the original motion and passed unanimously. While waiting for Mr. Locher to research this question, the Council considered the requests from Mr. Schumacher to transfer funds from existing Bond funds to the Gen- eral Gund in the amounts of - from 79 -01 - Blackduck Drive - $10,000.00 - 74 -01 Country Lakes - $11,000.00; 77 -01 - LaMotte Drive - $11,300; and 70 -01 - Municipal Building - $3,700.00. Mr. Jaworski moved to approve these transfers. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Locher reported the Ordinance #53 says that the fees may be changed by Council actions. Mayor Gourley moved to adopt the schedule as presented by Mr. Kluegel. Seconded by Mrs. Elsenpeter. Motion carried unanimously. These fees are to be ef- fective immediately. Mr. LeRoux was next on the agenda. This is in conjuction with a mining permit. Mr. Kluegel presented his findings on this matter. The 0.150 per cubic yard that is to be put in escrow is for the restoration of the land and if the work is com- pleted to the satisfaction of the Engineer, then this money is to be refunded. The fee for the permit is $100.00. Mr. Schumacher reported that Mr. LeRoux has submitted a letter of credit to the City. This is for the repair of 64th Street. Mr. LeRoux has put $1000.00 in escrow with the City to date. Mr. Schumacher said the restoration map has been submitted with elevations marked. The two concerns with this special use permit is that Mr—LeRoux should work in one area at a time and the fact that he is operating a commercial business in a residential area. The Council was also concerned with the existing pole building used for storage of the equipment. Mr. LeRoux said there is approx- imately 4 acres that will be mined in order to bring the elevations in line. This is the area around the exiting pit. The number 451 loads equals 5412 yards but in the file 10,000 yards in 1978 and 8900 yards in 1979. Mr. Schumacher said he did not know where these figures came from. Mr. Peter Scherer, this was moved within the property and was not removed from the site. The necessary deposit for the 451 loads equals $811.70. The question of the method of deposit was questioned. The matter of the $1000.00 in escrow was discussed. The $811.70 would be deducted from this $1000.00. Mayor Gourley asked about the street and Mr. LeRoux said they would like to get at this street as soon as possible. Mr. Schumacher said the application is for a special use permit for the mining operation under Ord. #6E. Mayor Gourley felt the only other item to be discussed is the business in a residential ares. Mr. Schumacher asked what will happen to the pole building when Mr. LeRoux begins his development and Mr. LeRoux said the building would be removed. Mr. Jaworski asked if there was a time schedule for when he plans to start development and when he will cease mining. Mr. LeRoux said, No. Mr. Jaworski felt there should be a time limitation on the special use permit. Mayor Gourley moved that a variance to Ord. #56 be granted for the operation of the business in a R -1 area and that the variance only be valid for the length of the mining operation and at such time any building for the maintenance of the trucks be removed. Mayor Gourley also moved that the special use permit for the mining be granted contingent upon feur things; 1) the deposit based on 0.150 a yard be made before the removal of the soil; 2) that the road work be done by May 1, 1981; 3) subject to an annual review and; 4) is a non - transferrable special use permit. Mr. Schumacher asked how the matter is to be de- termined. Mayor Gourley suggested this be done by load slips. Mayor Gourley added that any fees that occurred by the City shall be deducted from the money in escrow and at the completion of the project any monies remaining in the escrow account shall be returned to Mr. LeRoux. Seconded by Mr. Jaworski. Motion carried unanimously. The Clerk was instructed to watch for engineering costs on this project. They are to be charged against the money on deposit. Mr. Krysinski's request for a special use permit to operate a used car lot at his home on Lake Drive. There were many items that needed to be completed before this could be considered by the Council. There was discussion of the need for a drainage plan. There was also discussion on the need for a dust free surface. Anoka County Highway Department had no objections. The general consensus of the Council was there is no objections to the use of the lands - is just there are things that must be done and the storm water drainage is one and the dust free surface is another. Mr. Flannagan said they did not want to put a class 5 covering on the grass. Mayor Gourley said the question is whether this is to be commercial or residential - and they cannot be treated the same- Mr. Kulaszewicz asked if this would temporary and Mr. Flannagan said, Yes. Mr. Kulaszewicz asked how long and Mr. Flannagan said, Two years. Mr. Kulaszewicz suggested issuing a special use permit for a period of time and at the end of the time, the special use permit would be cancelled. Mayor Gourley said the decision is up to the operator - he will have to make up his mind on whether he is to be residential or commercial. If this is to be commercial, then this site plan must be submitted to the RCWB for their evaluation of the storm water run off. There must also be a dust free surface on the parking area. Mr. Kulaszewicz moved to tale until Mr. Flannagan has time to look at these require- ments. Mayor Gourley asked for a specific time. Mr. Kulaszewicz said for 30 days. 1 19� October 14, 1980 This item to be put on the November 10, 1980 Council agenda. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Meister reported that bids had been taken today on the Andall Street Improvement and he asked for consideration of these bids in order to give them time to draw up the contracts and get them signed. The low bidder was Bitumous Consulting. Mr. Meister said they had never worked with this company. This project will have to capitalized for one year since it is too late to certify assessments for next year's collection. Mayor Gourley moved to award this contract for this work with T.A. Schifsky. When asked why, he replied that he felt the best work would be done by this company even though they are not the low bidder. There was some discussion on this motion with Mayor Gourley pointing out that the Council does not have to accept the low bid. Mr. Schumacher asked Mr. Locher about not taking a low bid and Mr. Locher pointed out that the Council must have a valid reason for not accepting low bid. Mayor Gourley asked for a second to his motion. Mr. Meister felt that if the Council agrees to this, they could be creating a problem in the future. Mr. Jaworski seconded the motion for the purpose of discussion. Mr. Schumacher felt this action would put the City in a very bad position. He was very uncomfortable with this motion and he thought it was unfair. He felt that just because the City is unfamilar with this company, that is not a valid reason.for not awarding the bid. Mayor Gourley called for the question on his motion. The motion failed unanimously. Mayor Gourley moved to accept the low bid of Bituminous Consulting. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Jqworski moved to continuing the remainder of the agenda to be taken up at the end of the budget meeting scheduled for October 20, 1980. Seconded by Mr. Kulaszewicz. Motion carried unanimously. This to include the pro- rating of fees and clarification of Ord. #22A; under new bus- iness - cable TV, sludge disposal in Lino Lakes. Mayor Gourley also gave the contract on HUD Cooperative agreement the City has with Anoka County to Mr. Schumacher. Mr. Jaworski moved to continue this meeting until October 20, 1980. Seconded by Mr. Kulaszewicz. Motion carried unanimously. These minutes were considered, corrected and approved at a regular meeting held on October 27, 1980. Edna L. Sarner Clerk- Treasurer October 20, 1980 The special meeting of the Lino Lakes City Council was called to order at 8:15 P.M. on October 20, 1980 by Mayor Gourley. Mr. Jaworski and Mr. Kulaszewicz were absent. The first item on the agenda was the budget. Mr. Schumacher recapped the actions at the last meeting. Approximately $670,000.00 was set as the operating budget for the