Loading...
HomeMy WebLinkAbout06/12/1989 Council Minutes (2)148 COUNCIL MEETING JUNE 12, 1989 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M., June 12, 1989. Council Members present: Neal and Bisel. Council Members absent: Bohjanen and Reinert. City Attorney, Bill Hawkins; Engineer, Ron Stahlberg; Public Works Adm4414strattlyr, Don Volk; Building Official, Pete Kluegel; Administrator, Randy Schumacher and Clerk- Treasurer, Marilyn Anderson, were also present. CONSIDERATION AND APPROVAL OF MINUTES Work Session, May 22, 1989 - Mr. Neal moved to approve these minutes as presented. Mr. Bisel seconded the motion. Motion carried unanimously. Regular Council Meeting, May 22, 1989 - Mr. Neal moved to approve these minutes as presented. Mr. Bisel seconded the motion. Mr. Neal asked Mayor Benson if he had voted on the motion to add an additional police officer to the Lino Lakes Police Department. Mayor Benson said he did not, it was not necessary as there were sufficient votes to pass the motion. Voting on the motion, motion carried unanimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS May 31, 1989 - Mr. Bisel asked Mayor Benson if he and Mr. Reinert bill for mileage? He read from a prepared statement noting that both Mayor Benson and Mr. Reinert continue to bill for mileage and meal expenses without the consent of the Council. He indicated that Mayor Benson had collected an additional $285.73 in 1988 for these expenses without the Council being aware of such billings since these items were not included on the Disbursement Listing. Mr. Bisel in his statement noted that this matter has been referred to the County Attorney for investigation and asked that Mayor Benson consider reimbursing the City for these charges and consider stepping down from his position until the matter is resolved. Mayor Benson explained that this matter was addressed over a year ago and he and Mr. Reinert indicated that if the Council felt this was unfair the Ordinance should be amended to reflect this. Mr. Hawkins explained that if the City Code allows Council Members to be reimbursed for these expenses, Mayor Benson's and Mr. Reinert's actions were appropriate. If the Council wishes to change the policy, the City Code should be amended by ordinance. Mr. Hawkins also noted that the County Attorney will do a thorough job of investigating this matter and will provide a report to the Council. Mayor Benson said that he did not charge for investigating items that come before the Council even though he sometimes goes to the site for a personal view. However, the expenses that he does ask for reimbursement on must be added to his 1 1 1 COUNCIL MEETING JUNE 12, 1989 salary as the IRS has determined that they are taxable. Mayor Benson said that he would not step down from his position. After further discussion, Mr. Bisel moved to approve the Disbursements of May 31, 1989. Mr. Neal seconded the motion. Motion carried unanimously. June 12, 1989 - Mr. Bisel moved to approve these Disbursements as presented. Mr. Neal seconded the motion. Motion carried unanimously. OPEN MIKE George DeGeer, 7609 Peltier Drive - Mr. DeGeer explained to the Council that there is a small triangle shaped lot to the south of his property currently owned by Gordon Rehbein, in the process of being divided and sold by Williard Rehbein and marketed by a third person. It is being sold to the owners of lots in Rehbein's Peltier Lake View subdivision for lake access purposes without Council approval. Mr. DeGeer noted that there are Articles of Incorporation on the lot, however the corporation is not registered with the State of Minnesota. It appears that the salesman is selling something that he does not own and if he is successful, one quarter of this small lot located adjacent to his property will be used as lake access for twenty six (26) lot owners across the street. He asked who will be responsible to maintenance of this lot? He asked that this matter be addressed before it gets worse and involves many more people. Mayor Benson noted that this lot was not part of the original plat. The salesman did approach the City Planner about subdividing the lots and was told that it could not be done. Mr. Hawkins explained that what the owners were trying to do was not uncommon. It is routinely done with townhomes. It is not a division of the land but an allocation of use of the land so that everyone will not congregate in the same area. The corporation (home owners association) will maintain title to the property. It is commonly practiced and is not illegal. Mr. DeGeer discharged with how this particular property was being marketed and felt that everyone was being "hoodwinked ". He noted that he has talked to the Department of Natural Resources about the matter and they explained that the property will have to be fenced and controlled, otherwise it will be a public access to the lake. Mayor Benson said this matter would be placed on the June 26th agenda and he asked Mr. Hawkins to address the questions of registration of the corporation. He asked Mr. Schumacher to follow up with the County and the DNR and asked Mr. Kluegel to determine how the property was being marketed. 1 4 ) COUNCIL MEETING JUNE 12, 1989 CONSIDERATION OF SALE OF $4,660,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1989A - RESOLUTION NO. 40 - 89 Mr. Ron Langness, representing Springsted, Inc. presented the results of the sale of the temporary obligation bonds held earlier today. He noted that he was very pleased with the results of the sale and explained that interest rates were lower than he had anticipated. He noted the reasons for the lower rate was that the issue was a short term temporary issue, the market is currently aggressive and the volume of the bonds was sizeable. Mr. Langness noted that the bond rating for this City was reduced from BAA1 to BAA, however the bond sale did not suffer because of this change. The reason for the change in bond rating is that this issue will double the amount of this City's debt and because the rating service does not like to see this much in temporary bonds. Mr. Langness did not expect the bond rating to go any lower and did not expect that it would affect the City in the future. Mr. Langness noted that there were bidders for the bonds and he recommended the low bid from First Bank National Association Norwest Investment Services, Inc. at a net interest rate of 6.3900%. Mr. Bisel noted that this will be a break for the people who are getting services with the purchase of these bonds and moved to award the bid for the sale of General Obligation Temporary Improvement Bonds, Series 1989A to First Bank National Association Norwest Investment Services, Inc. at a net rate of 6.3900% and to approve Resolution No. 40 - 89 awarding the sale of bonds. Mr. Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING - REZONE RICE CREEK CHAIN OF LAKES REGIONAL PARK Mr. Miller explained that this property has never had a zoning and to allow the City to review any development of the property, proper zoning should be applied. The matter came to the forefront when a building was discovered in the park in Chomonix Golf Course, erected without a building permit and in violation of some building codes. Glen Bowen, 6873 Black Duck Drive said he thought that the manner of notification of residents was very inadequate. A notice appeared in the paper once and he asked what affect the PSP zoning will have in the future. Mr. Miller explained that this would be a public /semi - public area, it is a passive park and will remain a natural area. The only addition that he is aware of is the installation of more trails. This is basically a housekeeping issue and assures the Council and 1 COUNCIL MEETING JUNE 12, 1989 the Planning and Zoning Board that they will have a review of any future development or building plans. Mr. Bowen asked who would designate where future trails are to be located and who will protect the wildlife. It was explained that the area is designed by the Anoka County Parks Department with the approval of Metropolitan Council. Mr. Hawkins addressed the issue of notification of rezonings. Mr. Bowen said he wanted to be sure there would be input and control. Mr. Schumacher explained that the improvements being constructed now have been approved by Metro and the rezoning will not change the nature of the park. Mr. Bowen asked that future notices clarify and give more information. He said he would look at the comprehensive development plan for the park at Anoka County. Mr. Bisel moved to continue the public hearing to the June 26th agenda as a four -fifth vote is required of the Council and there are only three members in attendance tonight. Mr. Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING - CONDITIONAL USE PERMIT, ROBERT SIMONSON Mr. Miller explained that this request is for a conditional use permit to operate an auto repair garage at 7860 Lake Drive, formerly Luther's Sport Shop. There had been complaints regarding the parking'of vehicles on Lois Lane and the use of the property. Mr. Miller read the list of options he noted in his memorandum to the Council on this matter. He noted the applicant is willing to comply with all of the options and he is already in the building and operating his business. Mr. Miller suggested that the Council place a time limit for the completion of the items on the list of forty five (45) days. Gary Shipman, 907 Lois Lane asked how will the Council make sure that Mr. Simonson will do what is requested? Mr. Hawkins said it would not be unreasonable to require a financial commitment such as a bond or escrow to insure the timely completion of the items. Bert Noren, 785 Lois Lane said that a lot of residents are concerned about parking on the street. He asked if there will be no parking on Lois Lane and if there is not parking, will the Police Officers issue tags without a signed complaint? Arlene Averbeck, 7855 Lake Drive said she was concerned about the appearance of the front of the building and noted the appearance of A -Well and Apitz Garage as examples of her thoughts. She asked where would cars park, in the front or back of the building? She also asked if cars will be offered for sale in front of the building. 15 COUNCIL MEETING JUNE 12, 1989 Mr. Simonson said he has agreed not to park any cars on Lois Lane. He also has no intention of starting a used car sales lot. Mayor Benson asked where Mr. Simonson would park cars waiting for space inside the garage and what is to become of the pile of polluted dirt currently in front of the building. Ann O'Brien, 793 Lois Lane noted that there were cars double parked on Lois Lane tonight and explained that the former owners had trash that blew over to her yard in the summer. She said she did not want this commotion. Mr. Simonson said he would keep regular business hours (8:00 A.M. to 6:00 P.M.). He said he would install "No Parking" signs on Lois Lane. Mrs. Averbeck said she was concerned about the park. The south side of Mr. Simonsons property should be screened from the park. Marty Sieber, 891 Lois Lane noted that Mr. Simonson is already in the building and a lot of things have not been done. She said she did not want to hinder his business but wanted him to comply with the requirements. Mr. Bisel asked Mr. Simonson what time limit would he be comfortable with. Mr. Simonson said six (6) months and Mr. Bisel said this was too long. Mr. Simonson said he would be comfortable with everything completed within 45 days except the planting of the trees. Mr. Miller felt that there would not be any risk to the trees. There was discussion regarding what type of fencing would be suitable for the south side of the building. Mr. Simonson said he felt wood fencing would be a bad security risk. He explained that he planned to erect a picket fence across the rear of the property where there is no fence. Mayor Benson noted that there already is a chain fence on the south side of the building and asked Mr. Simonson if he objected to planting trees to act as screening. Mr. Simonson said he felt shrubs such as lilac bushes would be more suitable. Bob Williams, 914 Lois Lane, member of the Park Board expressed his concern regarding the park. He asked that the Council get something in writing regarding the screening. He felt that it is now an eyesore from both sides of the fence. He also expressed concern regarding the view on the north side of the building from Lois Lane. He suggested that screening be used to block off the view of cars parked in the back lot. 1 1 COUNCIL MEETING JUNE 12, 1989 Mr. Simonson addressed the issue of screening from the park and asked why the City did not put up a ten foot fence. He noted that already he has had one broken windshield resulting from kids playing in the park. He said he is trying to keep the customers cars safe. Steven McConnell, 851 Lois Lane said he was concerned about the fence on the north side of the property and he did not want Lois Lane to become the test drive area for repaired cars. Mr. Bisel moved to close the public hearing at 8:18 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel moved to grant a conditional use permit to Robert Simonson for a auto repair garage at 7860 Lake Drive and the motion is to include the fourteen options listed on Mr. Miller's memorandum and to include "No Parking" signage on Lois Lane, the fence on the east side of the lot to be extended to include that park to the side of the building to be of board on board (area to be fenced is from current fence on the north to the current fence on the south) on south side, fence be shared in cost with Park Department and Mr. Simonson is to meet with Mr. Volk to design the fence to accomplish both uses, and this permit is to be in force for two (2) months and then if all items are not completed at the end of two (2) months, the permit will be pulled, if completed, permit will be in force until the next Conditional Use Permit review. In addition, selling of cars on an occasional basis will be acceptable. Mayor Benson restated the motion and then seconded the motion. Motion carried unanimously. PUBLIC HEARING — PRELIMINARY PLAT REVIEW, ROHAVIC OAKS, 2ND ADDITION Mayor Benson opened the public hearing at 8:26 P.M. Mr. Stahlberg explained that this is a continuation of the development plan for Section No. 31. A review of the preliminary plat has been completed and he recommended approval of the preliminary plat. Mayor Benson asked if there was anyone to speak to or for the preliminary plat. Mr. Schumacher asked Mr. Stahlberg if the right -of -way issue was resolved? Mr. Stahlberg said yes. Mr. Neal moved to close the public hearing at 8:28 P.M. Mayor Benson seconded the motion. Motion carried unanimously. Mr. Bisel moved to approve the preliminary plat of Rohavic Oaks, 2nd Addition. Mr. Neal seconded the motion. Motion carried unanimously. d 1 5-4 COUNCIL MEETING JUNE 12, 1989 PUBLIC HEARING - PRELIMINARY PLAT REVIEW, PARHVIEW ESTATES Mayor Benson opened the public hearing at 8:30 P.M. Mr. Stahlberg explained that this preliminary plat follows the concept plan that TKDA had submitted to the City when the West Central Trunk Sewer and Water Main project was being planned. It conforms with all recommended changes of the Planning and Zoning Board and Mr. Stahlberg recommended approval of the preliminary plat. Keith Eibensteiner, owner of the preliminary plat asked about 2nd Avenue. Mr. Stahlberg explained that additional right- of-way will be needed and this was discussed earlier this evening at the Council Work Session. Mr. Stahlberg explained to the Council that the developer has a problem in that he wants his own engineer and contractor to proceed with the installation of internal streets and utilities but want the City to address 2nd Avenue. Mr. Stahlberg has asked the developer to put his concerns in writing and this will have to be written into the developers agreement along with the other concern of inspections. Jack Menkveld, 9829 Foley Blvd., Coon Rapids asked if 2nd Avenue will be constructed to the south of his property boundary? Mr. Stahlberg explained ttjat this will be on the June 26th agenda. Mr. Menkveld said his concern was that something be done with 2nd Avenue to Lake Drive. Mr. Bisel moved to close the public hearing at 8:37 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Eibensteiners engineer explained that they are proposing to construct forty (40) single family lots, all the interior streets, sewer and water utilities, storm sewers and petition the City to build 2nd Avenue as part of the state aid system. Mr. Bisel explained that this City is not in the street building business, but rather would contract the building of 2nd Avenue and then assess the benefitted property owners. He asked Mr. Eibensteiners engineer is he was aware of this. He was. Mr. Bisel moved to approve the preliminary plat of Parkview Estates to include the comments of the Planning and Zoning Board and the recommendations of the City Engineer and City Planner and 2nd Avenue will be handled on a petition basis. Mr. Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING - CONDITIONAL USE PERMIT, HLOSNER- GOERTZ Mayor Benson opened the public hearing at 8:42 P.M. Mr. Miller explained that a CUP is being requested for property located at 432 Lilac Street to operate a truck trailer painting business. The P & Z Board has recommended approval of the request contingent upon the four (4) stipulations. 1 COUNCIL MEETING JUNE 12, 1989 The four (4) stipulations are listed in Mr. Miller's memorandum dated May 31, 1989 to the Council. Mayor Benson asked if there were anyone in the audience to speak for or against this request. There were none. Mr. Bisel moved to close the public hearing at 8:45 P.M. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Bisel said he was concerned about the pollution created by spraying paint. Mr. Goertz explained that a paint booth would be constructed that contains filter. The Fire Marshall will inspect the completed facility. Mr. Bisel moved to approve the CUP request form Klosner- Goertz for 432 Lilac Street contingent upon the criteria set by the P & Z Board and the City Planner. Mr. Neal seconded the motion. Motion carried unanimously. PUBLIC HEARING - DEVELOPMENT PLAN, JUSTEN HOME BUILDERS Mayor Benson opened the public hearing at 8:48 P.M. Mr. Miller explained that the P & Z Board have not completed their review of this development and asked that this item be tabled and placed on the June 26th agenda. He apologized to everyone who came this evening for the inconvenience. Mr. Bisel moved to continue this public hearing to 7:30 P.M., June 26, 1989. Mr. Neal seconded the motion. Motion carried unanimously. Mrs. Blaylock presented a petition against rezoning the property planned for townhomes (Justen Home Builders) to the Clerk. She indicated to the Council that she would fight this issue and noted that the area residents do not understand what is going on around them. Mrs. Beverly Landers, 7181 Sunrise Drive told the Council that she would like to see the area planned for town homes used instead for a walking and hiking nature park like the one in Blaine. Mike Blegen, 7133 Sunrise Drive explained that there are not enough roads in the area to handle the increase in traffic. He asked what is the Council thinking about? Linda Kyllander, 87 Fairmont Avenue asked how many times can the public hearing be postponed? Mayor Benson explained the problem was that the developer was not ready with all his material. Mike Blegen asked if it were possible to notify the residents by placing a notice in the paper of the next public hearing on this matter. 6 1 54 COUNCIL MEETING JUNE 12, 1989 Mr. Landers said he felt rather than notify immediate neighbors everyone in the school district should be notified since it will have an impact on the schools which are already overcrowded. He asked how long will it be before a new school will have to be built? Mayor Benson said he did not disagree about notifications, however the City is complying with state law and the City ordinances. It is a valid point. Mr. Bisel said he has suggested that a sign be posted on any property that is being considered for rezoning, conditional use permit or similar circumstances. He said he could put some pressure on the Public Works Department to put up such signs. Riki Rosty, 709 - 77th Street said this issue will affect him as he has a child that goes to Lino Elementary School. The fifth grade at that school already has thirty one (31) students and there will be major school problems. Mayor Benson explained to the audience -that if a proposal is brought to the City it must be addressed. He agreed that Centennial School District is taxed to the maximum but residents will have to address this issue to their state legislators. Mr. Walberg asked that the notifications appearing in the paper contain further identification of the areas proposing to be rezone or a map could also be published. Mrs. Landers said more communication is stressed. Mayor Benson said that the Council has been addressing this concern and held neighborhood meetings. He noted that last month he spent twenty two (22) hours on City business. He also noted that if the citizens are more informed, there is less work for the Council. Mr. Bowen asked if it were possible to have plats published along with the notice of the public hearing? Mayor Benson noted that an upcoming newsletter will contain a lot of information for the citizens. He explained the various meetings held by the Council during the year. He also noted that the City only can do so much in the paper. He felt Mr. Bisels idea regarding posting signs was good and suggested that a community bulletin board be erected. He instructed the Clerk to follow up on this and instructed the City Administrator to assist her. Mr. Landers asked if it would be possible to put a fence up along the large ditch to keep children away. He noted that the Police Officers say there is nothing they can do about children playing in the construction area. Mayor Benson said 1 COUNCIL MEETING JUNE 12, 1989 he would check with the Public Works Director on this matter. Mrs. Anderson is to get back to the resident regarding the fence. Mr. Bisel moved to table agenda items No. 11 and No. 12 to June 26, 1989 at 7:35 and 7:40 P.M. Mayor Benson seconded the motion. Motion carried unanimously. Mr. Bisel moved to table agenda item No. 13 to June 26, 1989 at 7:45 P.M. Mr. Neal seconded the motion. Motion carried unanimously. PLANNER'S REPORT - JOHN MILLER Discussion on Revision of MUSA Boundary - Mr. Miller and Mr. Stahlberg have been working with residents and discussing options they have regarding sewer availability. The idea is to try and give the residents all the information they need to decided whether or not they would be in a position to decide if sewer was a good idea for their property. The MUSA Boundary was explained to the residents and it was also explained that the City was given a finite amount of land that could be serviced by sewer and the City can move the area somewhat internally. The result is that a questionnaire has been sent out to the people and they have been returned and a map has been developed indicating the results. A meeting with representatives of Metropolitan Council took place last week and the map was presented to them. They will have comments for this City about the map in about two weeks. Mr. Miller explained the color code on the map. Mr. Bisel further explained that for instance the residents in the Lakeview /Sunrise area can tell the City to take them out of the MUSA area and then the City can allocate that acreage to another area where they have requested sewer installation. Some problems could be created for residents along the route to the area which has requested service. Under the current Charter if 51% of the property owners want the service, it could be forced upon them. However under the new amendment if 51% want it, those who do not want the service can petition out of the improvement. Mayor Benson added the other change is that if an improvement project goes bad, it will not be submitted to a referendum. This puts additional burden on the Council to be sure the improvement is correct from the beginning. Mr. Bisel explained further that if the City Engineer and Bond Counsel feel the improvement is not economically feasible, it will not go any further than the feasibility stage. Mrs. Phyllis Blaylock, 6941 Sunrise Drive said that the Council is not telling all of the truth. She said that if a landowner wanted to petition out of an improvement, the Council had the authority to accept or reject the petition. Mayor Benson said that was absolutely not true. Mr. Hawkins 1 5 1_ 5•& COUNCIL MEETING JUNE 12, 1989 explained that under the proposed amendment, if a landowner wanted to petition out of an improvement, he had the absolute right to do so and the Council could not deny his petition. Dave Vickers, 6251 Laurene Avenue noted that the old Charter is still in effect and it states that if an improvement is proposed and assessments are scheduled for your property, 51% of the affected landowners can petition against the improvement and stop the project. He asked what does 51% mean? It was explained that only 51% of the landowners who were proposed to be assessed can petition against an improvement. Mr. Vickers referred to the Woodridge Estates improvement noting that sewer is being extended past his house to service Woodridge Estates and he was not proposed to be assessed. Does that mean that he cannot sign a petition against the improvement. The answer is yes because he is not proposed to be assessed. Mr. Vickers did not feel this was fair. Mr. Hawkins explained that it would not be fair for him to have a voice in an improvement that does not affect him. Mr. Vickers said that he felt that under the new amendments he would be affected if the development went bad and General Fund taxes were used to help pay the bonds. Mr. Stahlberg told Mr. Vickers that the City is now building a connection charge and area charge fund that will help pay for areas where not everybody wants to connect or where there is a problem making bond payments. Mr. Vickers still thought his vote was taken away from him if he is not proposed to be assessed. Mr. Miller explained that this item will appear on the June 26th agenda for further discussion. ENGINEER'S REPORT - RON STAHLBERG Resolution No. 37 - 89 Ordering the Improvement of Woodridge Estates II - Mr. Bisel moved to adopt this resolution. Mr. Neal seconded the motion. Motion carried unanimously. Resolution No. 3? - 89 can be found at the end of these minutes. Resolution No. 38 - 89 Ordering the Preparation of Feasibility Report for Willow Ponds - Mayor Benson moved to table this resolution. Mr. Neal seconded the motion. Motion carried unanimously. ATTORNEY'S REPORT - BILL HAWKINS Review of State Statutes as They Relate to Obscene Materials and Pornography Issues - Mr. Hawkins had been asked by the Council to research possible ordinances on this matter to prevent possible problems from occurring. Mr. Hawkins said he has reviewed the matter and has discovered that the State has adopted statutes in 1988 that sets out standards in the 1 1 1 COUNCIL MEETING JUNE 12, 1989 definitions that the United States Supreme Court has set down for regulation of these types of activities. He felt that it defines rather specifically what is pornographic or obscene. He also noted that there have been some attempts in other communities to zone areas for adult activities and this is being challenged in the Minnesota Eighth Circuit Court of Appeals. The Attorney General has also published a pamphlet on this matter but it contains nothing new or anything that is not already in place. Basically this is what is in place and he asked if there is anything else that the Council would like in place in Lino Lakes? Mr. Bisel expressed his concern that as some of the establishments are being closed in the inner cities, these businesses are moving out to the suburbs. He asked if the Council could provide some controls to prevent them from relocating in Lino Lakes? Mr. Hawkins said that the City could not prevent an establishment from opening in Lino Lakes just because the City thinks these types of activities might happen. There has to be this type of activity happening before you can prosecute. Mayor Benson said that he thought Mr. Bisel was asking if an ordinance could be devised against even the possibility of these activities becoming a possibility instead of after - the -fact. Mr. Hawkins said only the standards can be regulated. These standards are general and apply all across the country. Mr. Bisel asked if the Council has the right to set the standards before the fact. Mr. Hawkins said that if the Council feels that some conduct now occurring at some establishment in this City is obscene a citation must be issued and then it must be tried in court. It will be the position of the City to prove that the acts are obscene. The Council has not received Mr. Hawkins' letter or the statutes attached to the letter. The Clerk was instructed to send this material to the Council. This will come back to the Council for further review. CLERK'S REPORT Consideration of Quit Claim Deed for Portion of Easement of Lois Lane North of Luther's Sport Shop - Mrs. Anderson explained the previous action on this matter on October 10, 1978. This action was not sufficient to give the vacated property to Luther's Sport Shop. A Quit Claim Deed has been prepared and Mrs. Anderson asked the Council for approval of the Deed. Mr. Bisel moved to approve the Quit Claim Deed. Mr. Neal seconded the motion. Motion carried unanimously. Consideration of Gambling Exemption for St. Joseph's Men's Group - The Council noted the request to the State for the exemption. Since there have been no problems, further action was not needed. 1 5 >:J COUNCIL MEETING JUNE 12, 1989 Consideration of Beer License Request for St. Joseph's Men's Group - Mr. Neal moved to approve the request. Mr. Bisel seconded the motion. Motion carried with Mr. Bisel voting no. Consideration of Liquor License Renewals - Mrs. Anderson explained that all the licenses were in order however she had not received the investigation report from Chief Campbell. Mr. Bisel moved to table this item and consider it at the June 26th meeting. Mr. Neal seconded the motion. Motion carried unanimously. LIAISON REPORTS Park Board - Mr. Neal noted that the Park Board questioned the status of the D. Erickson's 2nd Addition park. Mr. Stahlberg explained that there had been a legal dispute with an adjoining landowner, but this has been resolved. He has received a telephone call from Dennis Erickson who explained that Glenn Rehbein Excavating will be there to do the preliminary earth work shortly.. Mr. Bisel moved to have Mr. Erickson provide evidence of his efforts to complete the park by the next Council meeting and to have the park completed by August.1, 1989 or the City will pull his letter of credit and complete the work. Mr. Neal seconded the motion. Motion carried unanimously. Mr. Neal moved to continue the meeting past 10.00 P.M. until all agenda items are completed. Mr. Bisel seconded the motion. Motion carried unanimously. Mr. Neal explained that the Park Board has expressed that the proposed townhouse subdivision is proposing only a small park near the church. This will be resolved before the preliminary plat reaches the Council agenda. The Park Board would like to talk to the Anoka County Parks Department in regard to establishing some ballfields within the Regional Park. Mayor Benson said that he thought the County would not be too receptive to this idea and the City has also promised the keep the area passive. Mr. Neal explained that Mr. Volk is concerned because there are not enough ballfields to meet all the requests. Planning and Zoning Board Report - This item has been addressed earlier this evening. Economic Development Committee - A summary of the year end EDC meeting was included in the packet. The EDC is in the process of preparing videos and pamphlets for promotional uses. There is nothing new on the proposed 35W and Lake Drive Outlet Mall. Fire Steering Committee - This committee has met two or three 1 1 1 COUNCIL MEETING JUNE 12, 1989 times since the last report. On June 19th, the committee will meet again to discuss fire stations. They will also review all of the agreements that have been reached and final recommendations will be given to each Council. Mayor Benson said that he is waiting for the final report because sometimes what you thought was finalized may not be what comes out on paper. CONSIDERATION AND APPROVAL OF MINNESOTA PIPELINE AGREEMENT WITHIN THEIR EXISTING RIGHT -OF -WAY Mr. Schumacher explained that he has met with Mr. Cornelson of Minnesota Pipeline and was shown a map of the existing right -of -way. This company already has two pipelines in the right -of -way and are proposing to add a third pipeline. They plan installation of this pipeline this summer. The problem for the City is that this pipeline runs through two ballfields at the City Hall park. Damages will be paid, however the ballfields may be out of service during playing season. There was discussion regarding the right to place ballfields on the right -of -way and whether or not they would not disturb the field during the playing season. Mr. Schumacher was asked to invite Mn. Cornelson to the next Council meeting to discuss this matter. OLD BUSINESS Mayor Benson noted that there still is a Planning and Zoning Board vacancy. He asked that this be placed on the next agenda. Mayor Benson noted that the Fire Department has sent out a City wide questionnaire without authorization of the Council. He asked Mr. Schumacher to remind Mr. Bruen of the procedure. NEW BUSINESS Set Workshop Date for Employee Pay Plan Review - This meeting was set for June 20, 1989 at 7:30 A.M. Letter From Kathy and Edward Schoens, 655 Shadow Court regarding their relationship with Anoka County Parks Department operation of Chomonix Golf Course. It seems that golf balls regularly fall in their yard and have even broken a window. The County has paid for the window replacement however has done nothing to alleviate the risk of bodily injury or damage. After discussion by the Council Mr. Schumacher was instructed to write a letter to the County and ask how they are handling this matter. Charter Petition - It was noted that a petition requesting a referendum on Ordinance No. 03 - 89 was received by the City 1 6.2 COUNCIL MEETING JUNE 12, 1989 Clerk. Mr. Neal said that he has talked to some of the signers on the petition and he believes they may not be aware of what they signed. Mr. Bisel moved to adjourn at 10:25. P.M. Mr. Neal seconded the motion. Aye. These minutes were considered and approved at a regular Council meeting held on June 26, 1989. Marly G. Anderson, Clerk- Treasurer CITY OF LINO LAKES RESOLUTION NO. 37 - 89 RESOLUTION ORDERING IMPROVEMENT OF WOODRIDGE ESTATES II WHEREAS: a resolution of the City Council adopted the 10th day of April, 1989, fixed a date for a Council hearing on the proposed improvement of Woodridge Estates II, WHEREAS: ten days' mailed notice and two week's published notice of the hearing was given, and the hearing was held thereon on the 22nd day of May, 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS: the petitioner for the improvement has petitioned that fifty (50) of the sixty (60) days waiting period required in Section 8.04, Subd. 1 of Chapter 8 of the Lino Lakes City *Charter, be reduced to ten (10) days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 22nd day of May, 1989. Adopted by the Council thiq L2th 4ay of June, 1989. Benjami Marilyn G. Anderson, Clerk- Treasurer G. Benson, Mayor ��