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HomeMy WebLinkAbout11/24/1980 Council MinutesNovember 24, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. November 24, 1980 by Mayor Gourley with all Council members pre sent. Mr. Locher and Mr. Schumacher were also present. Mayor Gourley said that the public hearing on the Woodshed /Rocky's North would be delayed for about twenty minutes. The first item on the agenda was consideration of the minutes of October 27, 1980. The Clerk had prepared a exact transcription of the minutes in relation to Mr. McLean's statement. These minutes had been tabled for this purpose. Mr. Jaworski felt that the statement of the Council from the meeting prior were to be consulted for clari- fication. Mr. Jaworski moved to approve the Oct. 27, 1980 as corrected. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The minutes of Movember 10, 1980 were considered. Mr. Kulaszewicz moved to approve as presented. Seconded by Mr. Jaworski. Motion carried unanimously. The consideration of the disbursements was the next item. Mrs. Elsenpeter moved to approve the disbursements . Seconded by Mr. Jawosski. Mr. Kulaszewicz asked about a $100.00 refund - the Clerk explained. Motion carried unanimously. Under Open Mike, there was no one present who wished to speak. Mayor Gourley requested Mrs. Hildur Perez to step forward. Mayor Gourley said that he had indicated to Mrs. Perez on the phone, that this Council was upset by a letter to the Editor written by Mrs. Perez stating that this Council, as a body, had en- dorsed a candidate. He wished to go on record for this Council that they are not in the business of supporting any candidate as a group - individually, they have prefer- ences, as most people do, but at no time did the Council ever take an action from this Council chamber to endorse any candidate nor is any such action ever anticipated. Mrs. Perez said she wanted to go on record as stating that when the Mayor told her so, it was all clear. Mayor Gourley said the apology was noted in the paper and the Council felt that it still left the impression that a part of the Council had supportedhtIhe candidate - it left the impression this Council was taking an action as a group - and this was not the case. Mayor Gourley noted that the originals have been requested from the newspaper office so it can be determined how the letters were edited - if they were. The next item was consideration of applying for a Grant for correcting Regulatory and Warning signs in the City of Lino Lakes. Mr. Schumacher said this is a Federal highway program. An inventory of the signs in the City would be conducted at no cost to the City. Recommendations for additional or replacement signs would then be presented to the Council. These signs may be purchased with 76% of the cost being refunded by the Federal Government through this program. Mr. Jaworski questioned why this had not been done last year and Mr. Schumaeher said that Mr. Volk had indicated this work was to have been done by the Engineers and had not been compjeted. If this work had been done then, the City would have received III 90% refund - now the fundable portion is 76 %. Mr. Jaworski asked for an explanation from the Road Superintendent. MOTION Mrs. Elsenpeter moved to instruct the City Administrator to apply for this Grant. 1 November 24, 1980 9 Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item was consideration of the Enviornment Worksheet for El Rehbein & Son. This must be approved by the City Council before submitting to the EQB. All Council members have copies of this. MOTION Mr. Jaworski moved to table this until the December 8, 1980 meeting. Seconded by Mr. McLean. Motion carried unanimously. The Ootober financial statement was considered. Mr. Schumacher reported on the various items included in this report, and answered some questions by the Council. A recess was called at this point in the meeting. The meeting reconvened with the first item on the agenda being consideration of the liquor license at Rocky's N. at 8:14 P.M. Mayor Gourley noted that one of the reasons this meeting had been called was the receipt of a copy of a deed noting the transfer of title of the land in September. Another reason was the increase in police incidents at that location. The Council would like some of indication of who the woners are, any proof of wwnership that can be offered and proof of which people are actively working in the establishment. Mr. Michael Pestello requested to speak. He indicated that he is the manager of a corporation known as Surmelli's on the River, which owns a few bars in St. Paul. They were approached approximately a week prior to September about purchasing the bar. Mr. Pestello said he had been contacted by Mr. Navarro who said he couldn't control the crowd or the financial end of the business. Mr. Pestello said he then contacted Mr.Seccombe and Mr. Schaum and it was decided that he should come out and see what they could do. Mr. Navarro had originally wanted to give them 15% of the shares to come out and see if the business could be run profitably. This was turned down but the corporation might be interested in purchasing 50% or whatever amount could be agreed upon. Mr. Pestello said he came out on the 3rd of September and looked over the business and after that it was decided to purchase 50% of the stocks from Mitra, Inc. At that point the real estate was sold and the corporation kept intact. Mr. Langer, Attorney for Mr. Seccombe, said that ownership of the real estate was transferred but Mitra, Inc. and the license holder remained the same. After this had happened, Mr. Pestello had been contacted about the possible need to transfer licenses and permits. He had been in the City offices and had talked to both the Clerk and City Administrator several weeks ago. Mr. Pestello said the Corporation that he works for took complete control of the es- tablishment. Mr. Schlosser is still the license holder and retains his one share in Mitra, Inc. He said he didn't know the exact position of that corporation. 50% had been aquired but this consisted of the real estate. Mayor Gourley asked who owns the share at this point - Mr. Pestello said Mr. Schlosser, Mr. Seccombe and Mr. Schaum. Mayor Gourley - How many? Mr. Pestello - Mr. Schlosser - 1; Mr. Se- comber - 50 %; Mr. Schaum - 49% - he thought - said he was not sure just which owned 50% and which 49% 116 November 24, 1980 Mr. Pestello said that Mr. Seccombe will be acquiring all of the shares of Mitra, Inc Mr. Langer asked for a week to ten days to get the shares transferred. The new owners of the Corporation will need to be investigated. A special meeting was set for the transfer of this liquor license for Dec. 4, 1980 at 8:00 P.M. Mr. Jaworski asked why a meeting was set to consider the transfer of the license - the licensee is not going to change. There is no reason for this Council to hold a hearing for the transfer of the stock in a corporation. 1 Mayor Gourley said 99 shares of stocks will be transferred and a hearing must be held. Mr. Jaworski said this changes the status of the ownership but not the holder of the license - why the need to hold a public hearing? Mr. McLean moved to hold a hearing on the corporation in question to examine the new ownership of that corporation in relationship to City ordinances on Dec. 4, 1980 at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Kulaszewicz moved to close this hearing. Seconded by Mr. Mclean. Motion carried unanimously. A recess was called at this point in time. The meeting was reconvened. Mr. Jaworski moved to adopt the Resolution setting the budget for 1981. Seconded by Mr. Kulaszewicz. Mr. McLean asked for the numbers that make up these figures. Mr. Schumacher said each member will receive a complete break down of the budget. Motion carried unanimously. The final draft of the Liquor Ordinance was considered. There was several amend- ments to this Ordinance. Mayor Hourley moved to approve this Ordinance as amended at this meeting. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The Clerk will retype with the amendments and assign the next number to this ordinance and have published. 1 The next item on the agenda was Mr. Matzke to discuss the water problem on his pro- perty. The Clerk had contacted Mr. Ruud, County Engineer, who had informed her that all County Ditches are the responsibility of the RCWB. She had then contacted Mr. Andy Cardinal, Chairman of that Board, and he had suggested she write a letter enclos- ing a map showing the ditch in question. This had been done. Mr. Willenbring had called this date with the information that according to his copy of the County Ditch. AJso, the culvert that is creating problems, or at least one of the problems, is on 4th Avenue, that is a City Street, therefore, a City problem. Mr. Willenbring did note that his map is not the last authority on these ditches, it could be a County Ditch. He suggested that property owners check their abstract for assessments that could indicate this was put in by the County. He also said that RCWB will not expend public funds for correction of private drainage problems. He noted that, if this is a private ditch, and work is to be done by the residents, a permit must be obtained from RCWB. There was several alternative suggestions discussed with no decision. The Culvert on III 4th Avenue is to be checked and Mr. Matzke will check his abstract. Mr. Matzke is to be on the December 8, 1980 agenda. The next item was consideration of authorization to participate in the 1981 Shade Tree Program. Mayor Gourley moved to authorize this participation. Seconded by 1 November 24, 1980 Mr. Kulaszewicz. Motion carried unanimously. 7 The next item on the agenda was a report on Cable TV from Mrs. Elsenpeter. She had attended a meeting in Blaine on this subject and reported that, if the City does enter into this Service District, then there is a good chance that this city will not re- ceive a cable TV. She suggested that this, City petition the City of Blaine to be included in that Service District. Mrs. Elsenpeter presented a Resolution to this effect. Mrs. Elsenpeter moved to adopt this Resolution. Seconded by Mr. Kulaszewicz. Motion carried unanimoulsy. I Mr. Schumacher presented the actions of the Planning and Zoning Board. Mr. Schilling had requested that the special use permit for the professional building not be dis- cussed at this meeting. Mr. Schumacher reported on the application for the installation of bill boards in the Lino Industrial Park. Under the rules of the MDOT, Bill Boards must be in a commercially zoned area and the lands where these structures are proposed is not properly zoned. Mr. McLean moved to deny the bill board application for the reasons of improperly zoned lands. Seconded by Mr. Jaworski. Motion carried unanimously. The next item was the setting of a public hearing for the rezoning of Lots 1 thru 5, in Wollasn Estates. Mr. Short had forwarded his recommendations for the rezoning of these lots from R -1 to R -2. This will be discussed at the public hearing. Mrs. Elsenpeter moved to set a public hearing for Lot 2, Block 1 and Lots 1 through 5, Block 4, Wollan's Estates for the rezoning of these lots from R -1 to R -2 for Decem- ber 22, 1980 at 8:00 P.M. Seconded by Mr. McLean. Motion carried unanimously. The application of Bastain Products for a special use permit for the installation of a security fence at their location on LAKE DRIVE at Aquar Lane. This is for the protection of their equipment. MOTION Mr. Jaworski moved to approve the application for a special use permit for the in- stallation of a fence at that location to be installed 18" inside the property line. Seconded by Mr. Jaworski. Motion carried unanimously. The special use permit application of Mr. Richard Gevey for the operation of saw sharpening in his garage. All surrounding property owners had been notified. This property is located on Hodgson Road which is commercially zoned. MOTION Mr. McLean moved to approve this special use permit. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher reported on some concerns of the P &Z on the construction of bill boards they would like some sort of a plan to follow as to what type of signs, where they should be allowed and what type of construction from Mr. Short. There was a suggestion that if the P &Z members have recommendations, these should be forwarded to the Council for consideration, otherwise, follow the existing ordinance. Mayor Gourley noted that it is now 11:00 P.M. and he moved to suspend the adjournment 218 November 24, 1980 rule and complete this agenda. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The net item on the agenda was the Attorney's Report. Mr. Locher had some sug- gested corrections for the proposed Liquor Ordinance. These recommendations were discussed and noted for inclusion on the corrected copy. Under Old Business, authorization for Mrs. Sullivan to complete a park plan for Shenandoah. Mr. McLean asked about the current plans she is working on and Mr. Schumacher said they have been received. These will be looked at at the next meeting. Mr. McLean moved to table this consederation until the Dec. 8, 1980 meeting. Seconded by Mr. Jaworski. Motion carried unanimously. Mayor Gourley moved to reconsider a Motion made by Mr. McLean, seconded by Mrs. Elsenpeter and passed at the November 10, 1980 meeting. Information supplied by the Engineer was erroneous in that Laurene Avenue has not been constructed to date. Motion to reconsider was seconded by Mr. Jaworski. Motion to reconsider passed - upon recondidering the Motion to accept the streets in Rohavic Oaks is recommended by the Engineer, the Motion failed. Mayor Gourley said the procedure would be to now obtain correct information from the Engineer for the acceptance of the street in Rohavic Oaks. The Clerk was asked to make a notation on the original minutes that this motion was reconsidered and defeated. Under New Business, Mayor Gourley moved to appoint Mrs. Julie LaBlond to the Park Board to fill the unexpired term of Mrs. Susan Sears. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. McLean moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered, corrected, and approved at a regular meeting held on January 26, 1981. Edna L. Sarner Clerk- Treasurer December 8, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:35 P.M. by Mayor Gourley on December 8, 1980. Council members present: Elsenpeter, Kulas- aewicz. Absent: Jaworski, McLean. On considering the minutes of October 20, 1980, Mayor Gourley corrected these minutes as follows; page 2, paragraph 4, delete 'ordinance violations' and insert the word 'misdemeanors'. Mr. Kulaszewicz moved to approve as corrected. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The minutes of November 5, 1980 was tabled due to a lack of a quorum of members present at that meeting.