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HomeMy WebLinkAbout08/12/1974 Council MinutesJuly 29, 1974 Senator Milton's office had called with information as to the meeting with Mr. Boland. The meeting has been scheduled for August 15, 1974 at 9:30 a.m. in Mr. Boland's office. It seems this is the only time Mr. Boland has open. The Clerk was instructed to write to Senator Milton stating that the Council would like to meet with knowledgable staff members not necessarily just Mr. Boland. It is most important that the staff members understand the position of this Council. Also, in order for our Councilmen to attend the meeting, it is imperative that the meeting be held in the evening. The Council would prefer to conduct such a meeting in the City Council Chambers but would consider the Metro Council meeting rooms. Mr. William Houle reported that Mr. Parta had suggested that if this appeal would be dropped, Anoka County would consider leaving out of the Park all lands located within the corporate limits of the City of Centerville. Mr. Houle reported that this decision will be appealed to the Supreme Court. Mr. Jaworski moved to continue this meeting until 7:30 p.m. on August 12, 1974. Seconded by Mr. McLean. Motion carried. The minutes were approved at the August 12, 1974 meeting. Clerk-Treasurer August 12, 1974 The regular meeting df the Lino Lakes City Council was called to order at 8:00 p.m. on August 12, 1974 by Mayor Bojhanen. Councilmen present; Jaworski, Marier;, Mc Lean, and Zelinka. Absent; none. Mr. Locher and Mr. Gotwald were also present. The special meeting for the consideration of the Temporary Bonds was called to order. Due to lack of a final figure necessary fot the preparation of the Bond Issue by Mr. Springsted, Mr. Jaworski moved to continue this meeting until such time as these figures are available. Seconded by Mr. McLean. Motion carried. The Clerk had received a break down on the special assessments due on the lands taken by the County. The figure is $85,523.77. Mr. Locher was asked when this money could be obtained. The usual procedure is once the figure is handed down by the Courts, the owner can petition for 75% of the award to be paid at once. There was some discussion as to when this money would be available with no definite date known. Mr. Zelinka moved to resume the regular meeting . Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka moved to approve the minutes of the special meeting of July 29, 1974 as presented. Seconded by Mr. McLean. Motion carried. 1 1 1 August 12, 1974 Mr. Jandric and Mr. Jensen arrived and Mayor Bohjanen asked Mr. Jandric if he had any comment to make as to the special assessments dud on the tapen . space lands. Mr. Jandric said the checks should be written this week. Mr. Jandric said that his Attorney has the checks from the County. All persons interested must endorse these checks. Mr. Jandric agreed that he would pay the figure of $85,523.77. He did state there is an overpayment on some of the lots in Lakes Add. #3 that had been prepaid while still a part a Lakes Add. #2. The spread sheets for the special assessments are now at Mr. Springsted's office. As soon as they are returned, the Clerk is to compute the overpayment. Mr. Marier moved to issue a check for this over payment. Seconded by-Mr. McLean. Motion carried. Mr. Zelinka moved to approve the figure of $85,523.77. Seconded by Mr. McLean. Mr. Jaworski felt that it is unnecessary to approve this figure. Mr. Zelinka withdrew his motion and moved that based on the recommendation of the fiscal agent, this figure will be accepted, if an error os found, it will be corrected, in either direction. Seconded by Mr. Jaworski. Motion carried. Mr. Jaworski moved to continue this special meeting until Friday August 16, 1974 at 7:30 p.m. Seconded by Mr. Zelinka. Motion carried. Mr. Jandric asked if this Council would consider his request for water and sewer hookup permits for the townhouse units located on Out'ot K in in Lakes Add. #2. Mr. Marier wanted to know who is going to pay fot_the bonds. Mr. Locher said that these bonds must stay within the framework of the original bond limit. Mr. Springsted will have the answers to this point. Mr. Marier said that he :did not believe that allc of Lino Lakes should be as- sessed for the bonding- just the few people who are involved. Mr. Locher said these bonds are assessed against the properties involved and no one else. Mr. Zelinka asked about Mr. Jandric's request for the sewer and water hookups for the townhouse unit. The Council will consider this in the regular order of business. Mayor Bohjanen called -the regular meeting to order. Mr. Zelinka moved to approve the minutes of July 22, 1974 as presented. Seconded by Mr. Marier. Motion carried. The Clerk' -s report included the following items: Election judges must be appointed for a Sept. 10, 1974 Primary Election. Mr. Zelinka moved these appointments e made at the Friday special meeting. Seconded by Mr. Jaworski. Motion carried. In connection with this Election, the City Hall must remain open on Friday evening, August 16, Monday Aug. 19, and Tuesday, Aug. 20 until 9:30 p.m. and on Sat. Aug. 17, from 10:00 a.m. until 4:OOp.m. for voter registration. This will be discussed at the same meeting. All Councilmen have copies of the Apple Valley position paper in reference to the Development Framework Guide that is being studied by the Metro Council. i8 August 12, 1974 The Apple Valley City Council stated that they could not support this report in its present form. Mr. McLean felt that the City of Lino Lakes should draft such a position paper. He felt this should begin with the Planning and Zoning Board. Mr. Marier felt that the time in which this Board has to write this paper should be noted. The Clerk is to check on this. Reported that the Rice Creek Watershed District has scheduled a hearing on the preliminary Overall Plan of the District. The hearing is to be held at the Centerville School on Wed., Sept. 4, 1974. All persons are invited 'to be heard. The hearing for the incorporation of Ham Lake is scheduled for August 16, 1974 in the City Hall. Anoka County Highway Dept. had installed 45 mph speed limit signs on Co. Rd.'J' fot the first mile East of Centerville Road per instructions from the State Highway Dept. Had received a request from Mr. Fred Olson of the Forest Lake Masonic for a 3.2 Beer permit for August 25,1974 in connection with a horse show at the Reh- bein Arena. The necessary insurance papers accompanied the request. Mr. Ze- linka moved to grant the request. Seconded by Mr. McLean. Motion carried. Read a letter from Sen. John Milton to Mr. Erling Weiberg fo the Minnesota. Water-resources Board objecting to the inclusion of the northeast suburban area in the Battle Creek Watershed District. A request from the Lino Lakes Athletic Assn. for the use of the Hall on Aug. 20, 1974 at 8:30 p.m. for a meeting of that organization. Mr. Marier moved to approve the request. Seconded by Mr. Zelinka. Motion carried. Read the answer from Mr. Anderson, County Surveyor, as to the work that has been done and is left to be done in placing the corner markers in the City. Mr. Anderson was present and explained that approximately 92 to 93% of Lino Lakes is completed. The County is making a city map of the area. He had left a copy with the Clerk for corrections. This is a map that will include all streets, plats, and physical information 6f the City. These maps will then be reduced in size and can be reproduced for about .12 a map. Mr. Zelinka moved that 200 of these maps be ordered for sale in the Clerk's office. Seconded by Mr. Marier. Motion carried. Mr. Anderson also reported on the availability of aerial photos. These are in half sections and cost .40 per copy for the Assessor. Mr. Marier asked the projected completion date for the installation of the remaining corner posts. Mr. Anderson felt that this work would be completed within one and one -half years. He would expect that Lino Lakes would be completed by the end of 1975.. The Council thanked Mr. Anderson for his time and information. 1 1 August 12,1974 Mr. Jandric and Mr. Jensen presented the plan for the driveway to the townhouse unit andrequested a water and sewer permit for hookup. This plan had been presented to the Planning and Zoning Board and they had recommended approval. The Council denied approval and Mr. Jandric thought perhaps some of the ques- tions of the Council had not been answered fully. He would like to review this with them and perhaps clarify the misunderstanding. He needs the driveway for access and the plan appears to be the best, one overall. He plans to repair the house, since they have been vandalized a number of times, landscape and lease. Mr. Jaworski asked Mr, Jandric if this was his intent, to lease and not to sell. Mr. Jandric said that he will lease for the present time but will eventually sell the property. Mr. Jandric said that several different ideas for a drive- way had been considered. 1.) Take the street north to Lantern Lane. 2.) Put the driveway straight out to Birch Street. (this would go through a grove of Pine trees and they were reluctant to destroy the trees for temporary drive- way.) The original plan seemed to be the best one. The utilities would be put between lots 30 and 31. Mr. Marier asked the length of this driveway. Mr. Jensen said it was 12 feet wide and about 550 feet long. Mr. Marier said it would be in violation of the City Ordinance. Mr. Locher read that portion of Ord. #56 which pertains to driveways. There was discussion, with Mr. Zelinka noting that this would be a private driveway maintained by the owners. Mr. Jaworski asked how this parcel could be conveyed, if sold. Mr. McLean wondered if a variance was necessary. Mr. Jaworski felt that before this building can be sold, this outlot will have to be platted, and the property identified with this building. He felt that a temporary driveway until this was done, could be allowed. Mr. Jandric was asked if he had considered putting the driveway across on the lots to the South and West. He said that it would cost much less to make the driveway longer than to absorb the loss of a lot. Mr. Zelinka asked what his schedule is timewise. Mr. Jandric said it would take at least six months to het the house and grounds in order for renting. After that, possibly a year for something permanent to be worked out. The matter of the variance with stipulations was discussed and Mr. Jensen asked what they are for a variance too. Mayor Bohjanen said because the drive- way is longer than allowable. The need to take this request to the P &Z was discussed. Mr. Jensen said that this plan had been approved by the P &Z. Mr. Jaworski felt that the variance is unnecessary since this parcel contains more than 21 acres and has more than the necessary 150 feet on an;.established street. Mr. Marier asked has many family units this building contained. Mr. Jandric said, Two with a garage for each unit. August 12,1974 Mr. Zelinka moved to approve this request subject to stipulations as follows: 1.) On map dated 4 -29 -74 the temporary driveway shall be removed _and a permanent access provided for adequate access to Townhouse building to join a City main- tained public street; 2.) parcel on which the Townhouse unit is located may not be sold unless of-until Outlot K is, platted. 3.) the City is not liable for util- ities to Townhouse from East Shadow Lake Drive or otherwise;-and 4.) an adequate special assessment amount shall be paid on the Townhouse unit comparable to fully serviced lots. Seconded by Mr. McLean. Motion carried with Mr. Marier: voting, no. Mr. Zelinka moved to authorize the Clerk to sign the checks for payment of the special assessments levied against the property taken by the County fot the Open Space program subject to the approval of the Attorney. Seconded by Mr. Jaworski. Motion carried. Mr. Marier noted the vacancy on the Planning and Zoning Board and asked that this be filled. Mr. Zelinka said that he would submit the name of Mr. William Houle for that position . Mayor Bohjanen seconded the nominations, Mr. Jaworski felt that there should be more than one name to consider. Mr. McLean submitted Mr. Vincent Lombardi, Jr. for consideration. Mr. Zelinka asked iZ Mr. Lombardi had indicated that he would acceptthis position. Mr. McLean said that Mr. Lombardi had volunteered. He would be a valuable member to this board in that his legal position could guide members of the Board in making decisions, he could also pro- vide an informal report on the actions of the House of Representitires. The vote will be by paper ballot. The tally; Mr. Houle -2 votes; Mr. Lomb ardi- 3 votes. Mr. Zelinka moved to accept Fr. Lombardi as a member of the Planning and Zoning Board. Seconded by Mr. McLean. Motion carried. Mr. Marier asked the Clerk to read a copy of a letter received by Mr. David Olson of W. Rondeau Lake Road advising him that he must repair his septic system by August 26; 1974. This letter had not been received until this date. Mrs. Olson had talked to Mr. Marier about this an had informed ha,nn that this home is only 41 years old a± d they had purchased it only 21 years ago. Mr. Marier wondered what sort of inspection had been made previously. Mr. Locher said there is a six year statute of limitations. He felt that this letter did not state how the system was defective and what steps are necessary to correct it. He suggested that Mrs. Olson contact Mr. Hutchinson of the Anoka Health Dept. for more specifics. He said there might be a chance of action against the seller. Mr. Marier felt that an extension of 30 days should be allowed. He suggested that Mrs. Olson contact Tire Hutchinson, ask for an extension of a minimum. of 30 days. If repairs cannot be done, Mrs. Olson should appear before the Planning and Zoning Board for possible advice. Mr. Marier moved to extend this request for 30 days and at the end of that per- iod, if no solution had been found, she should come before the Council. Seconded by Mr. Jaworski. Motion carried. 1 1 1 1 August 12,1974 41 The matter of a tree inspector was discussed. Mr. Ellingsen, the City Weed Inspector had been contacted. He was in attendance as was Mr. Gerald Beach, who had contacted the City as to the position. Mr. Ellingsen felt that he would need more information to the program and time involved before he could con- sider the posction . Mr. Beach discussed the problem of Dutch Elm disease and Oak wilt with the Council giving them some idea of the work involved and the criteria set forth by the state. He explained how the program could control these diseases. He felt there is no cure. Mr. Zelinka asked what type of cost figure for a City this size. Mr. Beach esti- mated his cost on the area and population and he estimated about $x,000.00 plus .15 per.rail..e. Mr. Marier noted that one of the problems would be a disposal site. This would have to be provided by the City. Trees would be burned or buried at this site. Mr. McLean asked if the State or County provides for aid in the cost of dis- posing of the diseased trees. Mr. Beach said that he was not fanilar with the operation of Anoka County but that other counties so not provide financial assistance. Mr. Marier felt- that we need someone experienced to handle this problem. The City also needs a centralized location for disposal. He would like to re- view this problem and the get back to Mr. Beach. Perhaps same assistance for spotting and identification could be from the Eagle Scouts. This cost must be programed and budgeted for. Mr. Beach reminded the Council that a report must be filed with the State by Jan 1, 1975. It will take at least 60 days to complete a report and this must be done before the leaves fall. Mr. McLean moved to set a 30 day period for consideration and get back to Mr. Beach. Seconded by Mr. Marier. Motion carried. Mr. McLean thought the Park Board should assist in setting up the disposal site and drafting the Ordinance. There was discussion of the necessity of setting dates for the budget meetings. After consideration, Mr. Marier moved to set the 1st, 2nd and3rd Thursdays of September for these meetings. Seconded by Mr. McLean. Motion carried. This is the 5th, 12th andthe 19th of September. Each department should have a pre- liminary budget to= ,piesent to the Council for their consideration. Mr. Jaworski reported that the road work has started and he should have some cost computations for the next Council meeting. He also reported that the Police Commision had been meeting for the past six weeks and should have a recommendation ready fot the Council soon. He questioned the Council on the replacement of the Patrol Car that was destroyed in the accident. Several weekends there has only been one patrol car due to one being in the shop. He felt this is a dangerous situation. No decision was as to when the car would be replaced. 42 August 12, 1974A. Mr. Jaworski questioned the receipts recorded on the financial statement. He felt that more money should have been credited to the Road Department. Also, the Federal Revenue Sharing that was ear - marked for that department and other departments should be transferred from the Federal Sharing Fund to the Departments. The Clerk will check the receipts and also transfer the funds to the proper departments. Mr. McLean said that dumping on the Hall property had been noted. He would ask that the men remove the rubbish and install "No Dumping" signs at the road that enters the property on the West end and install chains across that access. It was questioned whether of not that road in on City property. Mr. McLean moved to have Mr. Gotwald establish the property line. Seconded by Mr. Zelinka Motion carried. Mr. Zelinka reported that the Personnel Commission had interviewed 8 men for the position of Supervisor. Their recommendation was Mr. Adolph Peters of New- port be considered first. He met all the necessary requirements for the posi- tion. The Council will need to negotiate with Mr. Peters as to salary. Mr. Peters was in the audience and the Council asked him if the salary had been mentioned during his interview. Mr. Peters said, No, the Personnel Commission had felt this would have to be handled by the Council. He laid that he had toured the City with Mr. Lundgren and he liked what he saw especially in the area of equipment. Mr. Zelinka asked what salary Mr. Peters was getting at the present time. Mr. Peters said $5.83 per hour. Mr. Zelinka computed the monthly salary based on 173 hours it would amount to roughly $1000.00 per month. Mr. Zelinka asked Mr. Peters if he would transfer for the same salary and Mr. Peters said, No. Mr. Zelinka suggested setting a date to meet with Mr. Peters and establish a salary. Mr. Marier moved to meet on Friday, August 16, at 7:30 p.m. Seconded by Mr. Jaworski. Motion carried. This will be the first item to be considered. Mr. Locher said that he had been contacted as to the possibility of LinoLakes joining in the appeal to the Supreme Court in the action by residents against Anoka County and the special legislation. He had talked tp Mr. Parta about this and Mr. Parta feels that if the City doed join in this action, it would be breaking a treaty. Mr. Locher had no recommendation for the Council on this question. Mr. Marier felt that this special legislation id very unclear. If the intent of this special law was for local parks only or does it apply to fegional parks also. He thought there should be some minutes to indicate the intent. Mr. Locher said that he had obtained as much of the minutes as possible and he could find nothing that indicated the intent of the Legislators. There was discussion on the fact that this would involve Mr. Locher and Mr. Burke from his office who doed his research. There will be a cost to the City in connection with the City's involvement in this appeal. Mr. jaworski asked if this action would be in violation of the Contract with Anoka County? He felt that the appeal questions the validity of the law- not the 1 1 43 August 12, 1974 past action under that law. Mr. McLean felt the contract has very limited powers. It is only concerned with the present Boards of both Lino Lakes and Anoka. Mr. McLean wondered how, this would relate to the action being considered against the Metro Council. Mr. Jaworski)' felt this question should be settled first. He felt the City of Lino Lakes should join in this action. Mr. Zelinka hoped that the local residents would support this action. Mayor Bohjanen thought that any action that would slow dawn the aquisition of more lands was valid. Mr. Jaworski moved to join the action for the appeal to the law giving Anoka Co. the right of imminent domain and condemnation without local approval. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Houle thanked the Council for their action. Mrs. Leibel thought that some publicity on their action would bring in more assistance. Mr. Jaworski asked if they had approached Centerville on their possible assistance in this appeal. Mr. Houle said, No, but they probably will. Mr. Locher reported on his research in the possible legal action against the Metro Council in connection with the denial of the Lino Fakes- Centerville Interceptor. He said his findings had led him to believe that the chances of winning in such action were very small. The fact that there was no solid contract to build the interceptor was a major factorin this report. He felt that a lot of the communities would sympathize with Lino Lakes but the percentage of winning was small. Mr. Jaworskifelt that the mains and laterals were approved and allowed to be installed by the Metro Council was a valid contract for the installation of the interceptor. Also, the fact that the City was not allowed to construct the treat- ment plant designed for that area. Mr. Locher felt that the Council shoal think this over and not make a decision on it this evening. Mr. Jaworski asked ifi a temporary injunction against the installation of the Centerville interceptor to the East could be gotten. Mr: Locher wasn't sure. Mayor Bohjanen questioned Mr. Locher on the cost of such an action. Mr. Locher said he would have to analyze this but would estimate $4000 to $8000;.for the District Court action. An appeal to the Supreme Court would cost approximately $10,000 to $15,000. He felt if other municipalities would join in this court action the cost could be shared. Mr. Jaworski felt that the':ity should draft a letter stating our problem, our position and the reason for the action and suggest a meeting with representitive of these municipalities and the Legislative Representitives for discussion of this and the possibility of a joint action. Mr. Marier moved to draft a letter to all communities inviting them to join not only in this action but in other area as well. The city would appreciate any comments from these communities and would hope that a meeting could be set up soon. Seconded by Mr. Jaworski. Motion carried unanimously. The will table a decision on the legal action until a later date. August 12, 1974 Mr. Locher noted that Mr. Herbst had called and reported that he has put up signs and barricades and these are torn down as fast as he puts them up. He would like a letter stating that anyone on his property is there without his permission and is treaspassing and can be arrested. No action was taken on this at this time. Mr. Locher had written a letter to Midway Ford stating the areas in which the Patrol Car does not meet specifications. After some dicussion, Mr. Locher said he would arrange for a representive to be present at the next Council Meeting. Mr. Gotwald said that he had contacted Mr. Payne at the MSB and there has been no action by theMSB or the Metro Council. The clerk asked for permission to release the checks in connection with the Michael Miller arrest. The Council gave approval to pay the bills in connection with this case : ;on the advise of Mr. Locher,recommended the start of legal action against Mr. Miller fot the recovery of this money. Mr. Zelinka moved to authorize the Attorney to instigate legal action against Mr. Miller. Seconded by Mr. McLean. Motion carried. Mr. Peter Scherer asked for permission to level some land and the selling of some of the excess. After some discussion, this action was interpreted to be a landscaping action and did not require the permission of the Council, Mr. Marier:so moved. Seconded by Mr. McLean. Motion carried. Mr. Zelinka moved to approve requisitions #456 through 459. Seconded by Mr. McLean. Motion carried. The Clerk wasrrequested to have a cost figure on future requisitions. Mr. Jaworski moved to approve checks #5898 through and including #5932. Seconded by Mr. Marier. Motion carried. Mr. Jaworski moved to approved to approve payroll checks #2482 through and including #2498. Seconded by Mr. Marier. Motion carried. Mr. Jaworski moved to adjourn at 12:12 p.m. Seconded by Mr. Marier. Aye. These minutes were approved at the meek • of A gust 26,1974. - . � , ' lerk- Treasurer. 1 1 1