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HomeMy WebLinkAbout04/27/1981 Council MinutesApril 27, 1981 LAO The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., by Mayor Gourley on April 27, 1981, with all members pre- sent. Mr. Locher and Mr. Schumacher were also present. The minutes of April 13, 1981 were considered. Mr. McLean moved to approve the minutes as presented. Seconded by Mr. Jaworski. Mayor Gourley corrected the statement dealing with teh security arm installa- tion needing a Special Use Permit. The minutes should indicate that the approval of the fence was approved without the installation of the security arm at this time. Motion carried unanimously, with the correction. There was no questions on the disbursements - the disbursenemts stand approved as presented. There was no one who wished to speak under the Open Mike portion of the meeting. The Clerk reminded the Council that on Tuesday, May 5, 1981, at 7:00 P.M., the Board of Review will be held at the City Hall. SECURITY FENCE - BILL MOLIN Mr. Molin was unable to attend this meeting but has supplied the Council with a detailed drawing as to the location of the fence/ Mayor Gourley asked Mr. Schumacher if Mr. Kluegel had inspected the proposed location and Mr. Schumacher indicated that Mr. Kluegel had inspected the site and found no problems. Mr. Jaworski said he had had a phone call and one of the questions was who authorized the driveway on 4th Avenue - anonther question was, is a six foot fence high enough to screen effectively? Mayor Gourley suggested that if the Council has that many questions, this matter be tabled until Mr. Molin can be present. Mr. Jaworski moved to table until May 11, 1981. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT VARIANCE - MR. MYRVOLD Mr. Myrvold had requested a variance for a long driveway and approval had been given by Planning and Zoning. This is necessitated by the fact taht this is the only buildable site within the eleven acres owned by Mr. Myrvold. The stipulation that this driveway be kept open for emergency vehicles by the properyt owner was attached. Mr. McLean moved to approve the variance for this driveway with the stipulations imposed by the Planning and Zoning Board. Seconded by Mr. Kulaszewicz. Mrs. Elsenpeter asked if there is ever any inspection on the maintenance of these long driveways and Mr. McLean said this is the home owners responsibility and if not properly maintained, the inaccessibility would create a problem for the home owner not the City. Motion carried unanimously., SPECIAL USE PERMIT ICE CREAM PARLOR Mr. Schumacher outlined the concerns of the Planner in reviewing this proposal. They are bath rooms, ingress and egress, parking, hours of operation, and adjacent land uses. This has been before the P$Z on April 27, 1981 290 two occasions. The P &Z had recommended approval of this with concerns in the area of water and sewer. Mr. Kluegel has talked with the County Health Department and Mr. Chirsitanson had recommended a new well be installed and that the septic system be enlarged. Mayor Gourley asked if the matter of screening or landscaping in re- lation to the lands to the North had been discussed and Mr. Schumacher said, No, not specifically. Mayor Gourley pointed out that Mr. Short had recommended that a fence be installed on that property line and that there should be a five foot setback for the parking area. This five feet should be landscaped. Mr. Schumacher pointed out that the dust free surface for the parking lot had also been discussed with the PIZ recommending a gravel base with Class 5 at this time. Mayor Gourley pointed out that Mr. Short had realinged the driveway exit and the alignment of the parking spaces. This is different than the one accepted by the P&Z. Mayor Gourley asked the Anoka County Highway Depart- ment had been contacted? He felt this should be cleared. The areas to be addressed by this Council is the realignment of the driveway, the realignment of the parking spaces, the five foot setback, the screening or fencing and the lack of approval from the Anoka Highway Department. The concerns of the Health Department also. 1 Mrs. Elsenpeter felt that, if the proposed sewer project is to be installed would it be fair to require the installation of a new system at this point in time? The property line on the North side was discussed with the developers indicating that a fence is in place on that line at the present time. The matter of maintaining a five foot setback from that fence was dis- cussed with some sort of planting in that five feet. Mrs. Elsenpter pointed out that although this is a resident, there is commercial usage. The general consensus of the Council was that grass would be acceptable in that area. Mr. Kulaszewicz moved to approve this special use permit with the follow- ing stipulations; 1) that the driveway and parking area will'be aligned per Mr. Short's recommendations; 2) approval of the Anoka County Highway Department on the ingress and egress; 3) grass be planted in the five foot setback area on the NOrth line; 4) the County Health Department's require- ments as to the septic system be followed; and 5) a new well be installed. Seconded by Mr. McLean. Mayor Gourley asked if anyone in the audience had come to speak on this proposal and there was none. The motion carried unanimously. VARIANCE - ALCOCK ESTATES Mr. Schumacher presented the actions of the PEZ, pointing out this land is being split into three parcels of land and falls under Ordinance #78. The PfZ had recommended approval of this with no park dedication be re- quired at this time. Mayor Gourley pointed out that this land does not have frontage on a street and is therfore unbuildable. At some point in the future when this land is platted, then the park dedication will be required. April 2 ,1981 Mr. McLean was concerned with the configuration of the lands after the split - he flet that this is a prime parcel of alnd for development and this manner of splitting is making it almost impossible. It was pointed out to Mr. Alcock that a building permit cannot be issued to any one of these parcels of land. Mr. Kulaszewicz moved to approve this variance. Motion died for lack of a second. Mr. McLean moved to approve the variance for the splitting of the land for the Alcock Estate and that the park land dedication not be required at this time but will be covered at such time as the land is made build- able also that the owner is advised that, as the land is currently laid out, the land is not buildable. Seconded by Mrs. Elsenpeter. Motion carried unanimously. COMPREHENSIVE PLAN REVIEWS - SHOREVIEW $ NORTH OAKS Mr. Schumacher noted that all Council members have a sopy of Mr. Short's letters on these Plans. There is no conflict with either proposal at they relate to Lino Lakes. A recommendation of this council to be for= warded to these Cities so they can forward the plans to Metropolitan Council. There was some discussion on the need for Shoreview to indicate the capacity for Lino Lakes when their comprehensive sewer plan is done. This would only indicate if there is capacity that could be used by the City of Lino Lakes. Mr. Kulaszewicz moved to approve the Comprehensive Land Use Plan of North Oaks. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to approve the Shoreview Comprehensive Land Use Plan with teh addition of requesting the information pertaining to sewer capacity. Seconded by Mr. Kulaszewicz. Motion carried unanimously. CHIEF MYHRE Cheif Myhre reported that the Mayor and he had devised a system whereby Police Officers could be rated for their good Police work. The first recipent of the Officer of the Year is Officer Timothy Ross. Chief Myjre gave a brief summary of the background of Officer Ross, nothing that Officer Ross acquired 31% more points than any other officer. Chief Myhre listed the areas where the points had been obtained and read a letter of commendation. Officer Ross was presented with a placque. BLAINE MIDWAY ALL PETS CONTRACT Mayor Gourley asked Chief Myhre if he had any problems with this contract and he said he had and some reservations but felt they had been worked out. Mr. Schumacher reported this is a two year contract and that some minor issues have been worked out. Mr. Locher said the language is correct but the Ordinance setting the fees for boarding will beed to be updated. Mr. Locher pointed out this can be handled by Resolution. Mr. Jaworski moved to approve the .contract with Blaine Midway All Pets April 27, 1981 for animal control for two years. Seconded by Mrs. Elsenpeter. Motion carried unanimously. On considering the setting of the boarding fees, Mr. Locher pointed out that, even though the Ordinance states this can be done by Resolution, the League recommends against this proctice. However, Mr. Locher re- commended that this be done by Resolution. Mayor Gourley said this will prepared for the next meeting. JOINT POWERS AGREEMENT - ANOKA COUNTY AND LINO LAKES POLICE DEPARTMENT Mr. Schumacher pointed out this request had been forwarded from Mr. Bob Johnson, County Attorney. The need for this is dictated by the facts that Lino Lakes' Police Officers are not covered by such things as Worker's Compensation, if they are injured in another jurisdicttion while operat- ing as a Police Officer. If this agreement is signed, this problem would be eliminated and the Officers would be covered no matter where they were. 1 The Council had many questions on this agreement and what it is to accomplish. Mr. Schumacher asked Mr. Locher how je interpreted this and Mr. Locher said this authorized the Police Department to act as Police Offiers in other areas. At the present time, a Police Officer in another City can only operate as a private citizen. Mayor Gourley said he would like some time to read this and to do some research and he moved to table this until the next meeting. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher pointed out that. Mr. Johnson is looking for some answer by June. A recess was called at this point in the meeting. The meeting was re= convened. MAYOR'S REPORT 3.2% BEER PERMIT FOR ANOKA COUNTY PARK DEPARTMENT Myor Gourley pointed out that the Council had approved this at the last meeting. In the meantime, Mayor Gourley had checked Ordinance #1 and found that the Park Department does not qualify under that Ordinance. Mayor Gourley pointed out the requirements of this ordinance. Mr. Locher reported that he had talked with the County Attorney's office on this matter. The rules and regulations governimg this type of operation in the County Parks was discussed. He reported that the County is willing to establish a Chomonix Golf Club which would qualify under the City's Ordinance. This would need to be organized under the laws of the State of Minnesota. Mr. McLean suggested the Ordinance be amended to include an operation such as is proposed for the golf coures. There was discussion as to what else this owuld include. Mayor Gourley pointed out that this permit has not been issued and asked for input from the members as to hwo this should be handled. The general consensus of the Council was that this operation should qualfg y April 27, 1981 3 4 �; is aJ as a bona fide Club for the promotion of golf under the laws of the State. The City Administrator is to inform Mr. Petcoff of this decision. FOX TRAIL SURFACING Mr. Karth reported that this is a stub street in Shenandoah II and he is asking permission from this Council to only put the sewer stub in and surfact to the setback line of the homes. This street is for future access to the lands to the South. There will be no construction facing this street. The Council was concerned that if this is not installed by the developer at this time, can a future developer of the lands to the South be asked to install sewer and surfacing in someone else's plat. There was much discussion on this point. Mr. Karth pointed out that there are many palts in this City with the . same such street stubs that are not cut in nor are they surfaced. They are on the plats as platted streets but since they do not serve a lot, they have not been finished in any manner. Mr. Schumacher read a letter from Mr. Meister, City Engineer, on this matter and he recommended that the entire surface be done at this time. Mayor Gourley asked for a motion on this request and there was none. He then state that the Chair would put the question - Aye would be for approva - Nay for disapproval. The question was disapproved on a four to one vote, with Mrs. Elsenpeter voting, No. PRELIMINARY ENGINEERING REPORT - OSM Mayor Gourley stated that this is a prelinimary.report that the Council has not seen and therefore are not prepared to answer any questions. Mr. Wayne Long, of OSM, presented the report for the extension of sewers along Highway #8. Mr. Bob Frigaard of OSM, Mr. Adnrew Merry and Mr. Steve Mattson of Juran $ Moody were alos present. Mr. Long said this is a very preliminary report and is basically a work shop for the Council. He pointed out the area under study and noted that this is the area that had been petitioned for. This would serve the area noted in the Comprehensive Plan as Urban Servoce District #2. The main line will go North on Highway #8 to Elm Street, West on Wlm to 4th Avenue, thence North on 4th Avenue, going under the Freeway at that point, continuing North to 77th Stree, thence East on 77th to Lake Drive and thence North to County Road #14. County Road #14 is as far as can _be contructed using gravity service, beyond that point, lift stations would be necessary. Mr. Long said the total cost of the proJect would be $3.125,000.00 and Mr. Long detailed to costs that this figure include. He then presented a method in which these costs could be broken down and assessed. Mr. Long suggested there be a $600.00 per acre area charge, direct benefited properties, $33.00 per foot; lateral stub - $750.00; connection charge - $600.00; the SAC would have to be paid to MWCC and the City's hookup charge would need to be paid. Mr. Long said the project is feasible and there is capacity in the Circle Pines lines to allow for this expansion until such time as the Metropolitan 294 April 27, 1981 Waste Control Commission has time to put the needed interceptor connection construction in their plan. The Council had some questions on the area that could be served by gravity, the lift stations needed and who is responsible for maintenance. There was discussion on the area charges - this is to pay for the over - sizing of the trunk sewer; the connection charges are only charge to the people who actually will be able to hook up to the sewer. Mr. Long turned the meeting over to Steve Mattson of Juran 4 Moody who went through the financial aspect ofthe bond issue. Mayor Gourley asked if there were any questions from either the Council or the audience and there were none. He felt the next step would be to set a public hearing on this proposal. After some discussion of the ne- cessary work that must be done before this hearing can be held. the public hearing was scheduled for May 27, 1981 at 7:30 P.M. Mr. Jaworski so moved. Seconded by Mr. McLean. Motion carried unanimously. Jr. Jaworski moved to receive the feasibility report of the project 81PS -1 and set a public hearing on the improvement and to authorize a Resolution to that effect. Seconded by Mr. McLean. Motion carried unanimously. Recess. Meeting reconvened. Mayor Gourley requested Mr. Schumacher to write.a letter to the Circle Pines Utility Commission in reference to the use of the excess capacity in their interceptor on a temporary basis. LABOR NEGOTIATIONS AGREEMENT, LOCAL 320. Mr. Jaworski moved to table this tiem until the May 11, 1981 agenda. Seconded by Mr. McLean. Mr. Schumacher requested this item be taken care of at this meeting. Motion failed. Mr. Schumacher presented a summary of the contract that had been negotiated with the Teamsters' Union - Local 320. This is a two year contract that can be opened in 1982 for salaries only. The Police Clerk has been ne- gotiated out of the union, the part -time officers benefits have been eliminate, to include any language dealing with part -time officers, made health insurance more flexiable (Anoka County Plan), elimination of the disability insurance, limited the time for insurance benefits to 120 days, increased the clothing allowance, salary increase by 104% for the first six months and 1.2% increase as of July 1, making an 11.1% overall increase Mr. Schumacher pointed out some of the language that had been omitted from the contract and he recommended this contract be adopted. He felt this is a good contract for the City and for the Police Department. Mr. Kulaszewicz moved to accept this contract. Seconded by Mr. Jaworski. Motion carried unanimously. FINANCIAL REPORT Mr. McLean moved to table this item until May 11, 1981, Seconded by Jaworski. Motion carried unanimously. CLERK'S SALARY RECOMMENDATION April 27, 1981 29F Mr. Schumacher presented his recommendations for the salry adjustment for this position. Mr. McLean moved to accept the Administrator's recommendations for the salary adjustment for the Clerk. Seconded by Mr. Kulaszewicz. Motion carried unanimously. PROPOSED PROPERTY RECORDING PROVISIONS Mr. Jaworksi moved to table this item. Seconded by Mr. Kulaszewicz. Motion carried unanimously. RESHAHANU HOME ONWER'S SUIT Mayor Gourley reported that this organization has filed another injunction and he moved that the Attorney be authorized to continue his defense of the Ctiy. Seconded by Mr. McLean. Motion carried unanimously. Mr. Locher reported there is a hearing set for May 5, 1981 at 9:00 A.M. in the County Court House. ROBERT DuFOUR Mayor Gourley said action on this had been delayed and the Attorney has been instructed to file the original complaint as approved by the Council at the April 13, 1981 meeting. OLD BUSINESS Final Plat approval of Arena Acres. All papers are in order with the exception of Mr. Locher re- checking the final plat. Mr. McLean moved to approve the final plat and authorize the Mayor and Clerk to sign the plat contingent upon Mr. Locher checking the final plat. Seconded by Mr. Jaworski. Motion carried unanimously. RESOLUTION 81 -11 (Attached Copy) Mayor Gourley moved to adopt this Resolution. Seconded by Mrs. Elsen- peter. Motion carried unanimously. NEW BUSINESS MARDON GAS EXTENSION Mayor Gourley moved to table this request until the May 11, 1981 meeting. Seconded by Mr. McLean. Motion carried unanimously. GOVERNOR'S BUDGET PROPOSAL Mr. Schumacher reported on the porposal of the Governor and how this will affect the City in their budgeting process. This proposal oimits the Cities to an 8% increase - that is the total amount with no special levies allowed. Mayor Gourley felt the biggest impact this Council can have is to contact the legislators on this matter. It was also suggested that phone calls be made opposing this proposal. Mayor Gourle reported that he and written to ur Congressmen asking that they oppose any cuts to the Federal Revenue Sharing Program. April 27, 1981 ANIMAL ORDINANCE. This has been retyped and put into Rodiannce form. Mayor Gourley requested that Mr. Locher look this over for legality and that each Council member read and mark in suggested changes. This is to be on the May 11, 1981 agenda. Mayor Gourley asked the Reporteers present to note in their articles for their papers that this matter will be discussed at the May 11 meeting. Mr. McLean moved to adjourn. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Jaworski voting, No. These minutes were considered, corrected and accepted at a regular Council meeting held on May 11, 1981. RESOLUTION 81 -6 1 Edna L. Sarner, Clerk- Treasurer RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT. BE IT RESOLVED BY THE CITY COUNCIL OF the City of Lino Lakes, Minnesota: 1. A certain petition requesting the improvement of sanitary sewer along Lake Drive from 77th Street on the South end of the proposed improve- ment and County Road #14 on the North end of said improvement, filed with teh Council on March 23rd, 1981 is hereby delcared to be signed by the required percentage of owners affected thereby. This de- claration is made in conformity to M.S., Section 420.035. 2. The petition is hereby referred to Pete Long of OSM Engineering and he is instructed to report to the Council will convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 3. That Juran and Moody shall act as bonding consultants on this project. Aproved by the Council of the City of Lino Lakes this 13th day of April, 1981. F. Kenneth Gourley, Mayor Edna L. Sarner, Clerk - Treasurer