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HomeMy WebLinkAbout11/10/1980 Council Minutes.06 November 5, 1980 These minutes were considered, corredted, and approved at a regular meeting held on December 8, 1980. XPY,,h0---A_// Edna L. Sarner Clerk- Treasurer November 10, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. on November 10, 1980 by Mayor Gourley with all Council members present. Mr. Locher, Mr. Meister and Mr. Schumacher were also present. On considering the minutes of October 27, 1980, there was some questions on the matter of the statement made by Mr. McLean in conjunction with the decision on the LeRoux matter. The Clerk is to listen to the tapes of the October 13, 1980 and the October 27, 1980 meetings and correct these statements. Mr. Kulaszewicz moved to table consideration of these minutes until November 24, 1980. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mr. Jaworski. Motion carried unanimously. Under Open Mike, Mr. Al Ross asked to speak. He said that under the conditions that existed on Election Day, he felt the Judges did a very good job and they are to be commended. He suggested some alternatives to avoid this problem in the future. In conjunction with actions of the Park Board on the sale of LaMotte Park, Mr. Ross felt that with 2500+ acres of a Regional Park, it is not necessary to expand any further. Mr. Ross also commented on the Letter to the Editor in the Circulating Pines on Council actions in relationship to endoring candidates. He felt this person should be called in for a public apology in order to avoid this type of thing in the future. Mr. Brian Dobie had asked for time under the Open Mike to present his request for the release of $4,000.00 being held in escrow for the completion of the Street in his project just North of Main Street. Mr. Dobie said the street has been in for over a year and he questioned the need for a Letter of Credit for 20% of the cost of the pro- ject to be in effect for the next year. There was discussion on this point with the decision of the Council being that the Letter of Credit is necessary because the street had not been finished up to this point in time. Mr. Dobie pointed out that the street surface had been installed over a year and there has been no problems. Mr. Dobie said that a letter had been written by Mr. Gotwald on Aug. 17- 1979 stating that the street surface was in and acceptable - there were some minor items that needed to be completed. Mr. Dobie's money in escrow had been reduced to $4,000.00 at that time. Mr. Jaworski asked if this money had been for repair of the srreet in case of break up or was it left to insure the completion of the items that were incomplete? Mayor Gourley felt the maintenance bond started the date the streets were accepted by the City as a City Street. The letter from the Engineers stating that the street is.complete and meets City specifications has been received and is dated October 7, 1980. Mr. Jaworski repeated the fact that the bond for street maintenance starts at the time 1 November 10. 198 -' the City accepts the street as a City Street. Mr. Dobie said he understood this, but he is caught in the transition - he began under one set of rules and is now being asked to continue under a different set of rules. Mrs. Elsenpeter agreed. Mr. McLean moved to accept the street in Mr. Dobie's plat based on the Engineer's re- commendation dated October 7, 1980. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The date of the maintenance bond will begin as of this date. This is to be 20% of the construction casts of $16,000.00 or $3,200.00. Mr. Dobie was undecided as to how he wished to handle this matter. The Council suggested he contact Mr. Schumacher with his decision, and the Council will go with Mr. Schumacher's recommendation. Mr. Homer Bruggeman appeared to discuss basically the same problem. He also questioned the maintenance bond requirement since his plat had also began under a different set of rules. Mr. Bruggeman outlined the work that had been done in his plat. He had understood that the requirement was for the City's protection, but he strongly disagreed with the changing of rules. Mr. Bruggeman asked if the agreement reached on the con- struction of the boulevards in his plat was still in effect(and the Council said that it was. The Clerk is to send Mr. Bruggeman a copy of the minutes setting forth these stipulations. Mr. Bruggeman asked if his street had been accepted. Mr. Schumacher read a copy of the letter that had been sent to Mr. Bruggeman setting forth the main- tenance bond requirement. Mr. Bruggeman felt the 'as- builts' had been for warded to the City Engineers, but he will check and if not, will forward them. Mr. Jaworski moved to reduce the Letter of Credit form $22,000.00 to the required $7,000.00. Seconded by Mr. Kulaszewicz. Mayor Gourley ssked that the motion be amended to include the acceptance of Foxtail Drive and Foxtail Court. Mr. Jaworski accepted the amendment - Mr. Kulaszewicz accepted the amendment. Mr. Schumachdr asked Mr. Bruggeman, if the City has a program whereby the streets were installed by the City and accessed to the property, would he be willing to partic- ipate? And Mr. Bruggeman said he would - he felt that the installation under this method would produce better streets since they would be better controlled. Mayor Gourley called for the question. Motion carried unanimously. The Clerk is to send a copy of the minutes setting forth the variance to the width of the berm on the streets in West Oaks. Mr. Karth appeared before the Council asking for clairfication of the 'storage yard' classification as set forth in Ordinance #56. He asked if this means a place where just equipment is stored or does it include an operation where equipment is parked in conjunction with the offices and shop? Mr. Karth pointed out that if the lands in question must be rezoned to HI to allow storage yards, this is also opening this area up to junk yards, etc., which could bring in some undesirable operations. He felt the use of the land could be controlled on the first sale, but what happens when the,land is resold. Mayor Gourley felt that the LI classification did not include storage yards. Mr. McLean suggested a dual zoning. Mr. Karth thanked the Council for their suggestions. He will consider and return. November 10, 1980 The next person who had asked to appear was Mr. Joe Gregoire who had asked to park a tractor in an R -1 area. Mr. Schumacher reported on the requirements of the ordinance which prohibits this and Mr. Volk's recommendations was that this not be allowed due to the fact that internal streets are not constructed to handle this type of vehichle. The general consensus of the Council was this could cause nothing but trouble. Mayor Gourley asked that a letter be written to this gentleman with this decision. The next item on the agenda was a special use permit application by Mr. Schilling, but he was not present. Mr. McLean moved to table the special use permit for the next meeting. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Jaworski votin No. The Public Hearing of the use of the Federal Revenue Sharing Funds was called at 9:00 PM. The planned use is to credit the budget for the Police Department with $43,000.00. Mayor Gourley asked for testimony from the audience and there was none. Mr. Kulaszewicz moved to approve the use of $43,000.00 in the Police budget. Se- conded by Mr. McLean. Motion carried unanimously. (this money was for operating funds) Mr. McLean moved to close the Public Hearing at 9:05 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was consideration of Mr. Short's recommendations con- cerning Centerville's Comprehensive Plan. The general consensus of the Council was that the City of Lino Lakes has no conflicts with the statement of Centerville. Mr. Schumacher will prepare a letter to that effect. A ten minute recess was called at this point in the meeting. The meeting reconvened with the special use permit application of Mr. Krychinski being considered. The Clerk had called and there has not been any communications from the Rice Creek Watershed Baard on this matter to this date. Mr. Kulaszewicz moved to table this matter. Seconded by Mr. McLean. Motion carried unanimously. The Engineer's report was considered. The first item was consideration for the ac- ceptance of the streets in Rohavic Oaks. Mr. Meister presented his recommendation for acceptance. This is for Laurene from Highway #49 to F.W.D. Court and F.W.D. Court. Mr. Schumacher reported that the maintenance bond has has been posted. Mr. Jaworski asked if the Engineer has a copy of the 'as- builts'. Mr. Jaworski moved to accept the street for partial maintenance and consider them for final acceptance in the Spring. Mayor Gourley asked for a second three times - the motion died for lack of a second. Mr. Kulaszewicz asked for Mr. Jaworski's reasoning on this matter and Mr. Jaworski said in order to let the street go through one winter. Mr. Schumacher said he had problems with the suggestion that this maintenance request be varied from the original conception. He felt that the City will have all sorts of developers in the offices objecting to this change. Mr. Schumacher pointed out that he had requested the main- tenance bond from these developers and they had supplied it. Mr. McLean moved to accept the streets as specified as above. Seconded by Mrs. Elsenpeter. Motion carried unanimously. (This motion was reconsidered on 12 -22 -80 and failed.) 1 November 10, 1980 The next item was the report on the Paulsen drainage problem. Mr. Meister presented the drawing he had done snd noted that part of the problem is caused by the berm that had been constructed by the Tom Thumb store. There is a need for the construction of a swale on the rear of Mr. Paulson's property to contain the water draining in from the North and West of his property. Mr. Meister pointed out that no drainage plan had been submitted at the time of construction of the Tom Thumb. A copy of this plan had been given to Mr. Paulson. Mayor Gourley asked the wishes of the Council on this matter. Mr. Paulson thanked the Council for having this study made. He is still concerned with what is going to happen in the upgrading of Highway #8. Mayor Gourley felt the biggest problem is who is going to correct the problem with Mr. Paulson's poperty. Mr. Meister estimated the cost of construction at about $5,000.00. Mr. Paulson said he could not afford to do that much work. Mayor Gourley said the basic questions are is the City to do this work? Are they to accept the responsibility for this drainage problem? Mrs. Elsenpeter said she felt the City had gone beyond the requirements in ordering this study - she also felt that the City cannot go into private property and do work. There is also other problems such-as this in other areas of the City that this City cannot assume the responsibility for correcting. Mrs. Elsenpeter asked Mr. Locher if it could be construed as an error on the part of the City by allowing Tom Thumb to be constructed without drainage approval of RCWB. Mr. Locher said he normally does not get involved in the issuance of building permits. It was pointed out that only a temporary occupancy has been issued to Tom Thumb. The plan for the drainage had been designed by the Anoka County Highway. Department and Mr. Gotwald had been involved to a point. Mr. McLean suggested working with Tom Thumb on the landscaping and topography of the site, thus solving both problems. He suggested this be handled by staff personnel. Mr. Paulson agreed with this concept. The streets in Bloom's Addition was considered. Mr. Meister reported that coring had been taken on that street and felt that the street is acceptable. Mr. McLean moved to table consideration of this street until the receipt of the maintenance bond and the 'as- builts' are received. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was consideration of the problem with MWCC on the rehookup of the connection in Shenandoah 1. Mr. Meister had contacted that board and they will be contacting their legal department for collecting this from the contractor. Mayor Gourley reviewed the actions of this City on paying Mr. Glenn Rehbein the money due him for the work done and withholding this amount from the SAC submitted to MWCC. MWCC now is considering withholding this amount from the bill submitted for the oper- ation of the lift station. Mr. Locher felt that since this had apparently been done by accident, then the con- tractor's insurance should cover this cost. Mr. Locher was directed to write to Northdale Construction and inform them that the amount of $1,390.00 is owed to the City and should be submitted immediately. Mayor Gourley reported on the repair of the streets in Equity Estates. Mr. November 10, 1980 Meister reported that these streets. have been repaired at no cost to the City. The next item on the agenda was the 9:00 P.M. continuance of the hearing on the va- cation of LaMotte Park. Mayor Gourley reported that he had not been able to obtain deeds for that property. This is due to the death of the man that platted the lands. The deeds must be issued to the City by the Estate. The will must be opened up in probate court to obtain these deeds. The cost of this was questioned. Mr. Locher estimated the costs at approximately $500.00. Mr. Jaworski asked if this amount could be used from the dedicated funds and the general agreement was that it could. Mr. Jaworski stated that he felt the wishes of the residents should be respected and leave the land as a Park. Mr. Jaworski moved that the City should not vacate the LaMotte Park. Seconded by Mr. McLean. Motion carried unanimously. Mr. Kulaszewicz moved to close the hearing. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to authorize Mr. Locher to pursue the action to obtain the deeds to this. land. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Mayor moved to table consideration of the Liquor Ordinance until the next meeting. Seconded by Mr. McLean. Motion carried unanimously. The next item was consideration of an amendment to Ordinance #65. This defines a 'barking dog' and sets forth the amount of the fines and impounding fees. Mayor Gourley suggestions as to a time frame for the imposing of the fines. Mayor Gourley moved to table until the next Council meeting. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Resolution authorizing the Park Board to proceed with expenditures for capital improvements in the Parks. It reads as follows: WHEREAS; The Park Board of the City of Lino Lakes has developed a five (5) year Cemprehensive Park Development Plan, and WHEREAS; The Council of the City of Lino Lakes does agree with and accept the majority of the 1980 and 1981 portions of said plan, and WHEREAS; The City Council wishes to follow and complete said Plan as closely as possible, BE IT THEREFORE RESOLVED, that the Park Board may proceed to accept bids and award contracts for the following projects so long as the work falls within 10% of esti- mates in the Capital Improvement Plan. A. Sunrise Park 1. Central and South Park Lots 2. Tot Lot Update 3. Hockey Rink and Lights B. Country Lakes Park 1 1 November 10, 1980 1. Park Development Plan 2. Preliminary Landscaping 3. Parking Lot 4. Well and Drinking Fountain C. Lino Park 1. Outfield Fence BE IT FURTHER RESOLVED, that the funding for the above specified project shall come from the dedicated Park funds. Mayor Gourley moved to adopt the above Resolution. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Schumacher reported on the Park Board meeting and noted that the members had changed their recommendations for the LaMotte Park. They are now recommending that the Park be retained. Mr. Scherer had requested that the Council attend the next Park Board meeting in order to clarify some points. Mayor Gourley said he would be glad to attend their meeting and answer their questions. The Park Board has also recommended that Mrs. Sullivan be retained to do the planning for the Shenandoah Park. The costs were discussed. Mr. McLean moved to table this request until the next meeting. Seconded by Mrs. Elsenpeter. Motion carried unan- imously. The Park Board had requested that the Lions Club present their plans for a shelter to them before construction. Mr. Locher reported on the status of the buildings on the Menkveld property on High- way #8 just North of 77th Street. He had discussed this with an Attorney this evening and she had asked for a 45 day extension on the requests of the City for the removal of those buildings. The history of this matter was discussed by the Council and Mr. Locher. Mr. McLean moved to instruct Mr. Locher to file the long form complaint against this property for the removal of the buildings. Seconded by Mr. Kulaszewicz. Motion car- ried unanimously. The next item on the agenda was the consideration of financing for the General Ob- ligation Bonds which Mr. Andrew Merry of Juran & Moody presented. This is for the amount of $200,000.00 and will be used in connection with the upgrading of Andall Street and the installation of water, sewer, storm sewers, streets, curbs and gutters on Lantern Circle and Lantern Lane. These projects were 100% petitioned by the property owners thereby allowing the City to sell without the necessity of holding public hearings. Mr. Merry explained the terms by which Juran & Moody would purchase these bonds, the interest and the payment schedule. Since this cost cannot be put on the assessment rolls until the year 1981, with the first payment being received in 1982, the first principal payment is not due until December 1982. November 10, 1980 The formal Resolution will be prepared by the Bond Counsel and forwarded to the Clerk's office for signatures. Mrs. Elsenpeter moved to approve the sale of the $200,000.00 General Obligation Bonds to Juran & Moody. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mrs. Elsenpeter moved to authorize the Mayor to sign the agreement. Seconded by Mayor Gourley. Motion carried unanimously. 1 The next item on the agenda was consideration of the change in ownership of the property formerly known as "The Woodshed ", now known as "Rocky's North ", located at 6810 Lake Drive. Mayor Gourley reported that the incidents are up at that lo- cation 125% over the same period last year. From July 1, 1980 to Nov. 1, 1980, the incidents during that period are up 180% over last year. Letters had been pre- pared to the new owners of this establishment. These letters are to be delivered to Mitra Morris, Mark Seccombe, Mark Schaum, and Gregory Schlosser. Mayor Gourley read the letter requesting these persons to appear at the next Council meeting. There was discussion on several alternatives that could be utilized in dealing with this matter. This meeting was scheduled for November 24, 1980 at 7:30 P.M. The Police Department is to deliver these letters. Mrs. Elsenpeter moved to set this hearing on Nov. 24, 1980 at 7:30 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. McLean discussed the actions of the Council in granting the variance to Mr. LeRoux and pointed out the ordinance section that governs the issuances of variances. Mr. McLean moved that the motion to grant a variance to Ord. #56 for the LeRoux property on Oct. 14, 1980 be recinded and that a notice of a public hearing be posted to advise neighboring property owners of the proposed commercial use in an Ag /R -1 area. Mayor Gourley noted that this motion is out of order in that this type of motion must come from a person who voted on the motion. Mr. Kulaszewicz asked Mr. Locher if the Council action was not legal? Mr. McLean asked if notifying property owners of the consideration of a variance has not been the practice of this Council? There was discussion on the type of business being conducted at this location. Mr. McLean moved to suspend the rules. Seconded by Mr. Kulaszewicz. The motion was de- feated on a 3 to 2 vote. Mr. Jaworski moved that Mr. LeRoux appear before the Council to answer questions in reference to his operation. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Clerk is to research the previous tapes for discussion on this matter. Mr. Jaworski moved to adjourn at 11:40 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered, corrected, and approved at a regular meeting held on November 24, 1980. Edna L. Sarner Clerk- Treasurer 1