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HomeMy WebLinkAbout12/09/1974 Council MinutesDecember 9, 1974 The regular meeting of the Lino Lakes Council meeting was called to order on December 9, 1974 at 8:00 P.M. by Mayor Bohjanen. Councilmen present: Jaworski, Marier, McLean and Zelinka. Mr. Locher and Mr. Gotwald were also present. Mayor Bohjanen welcomed Scout Troop #136 who were attending this meeting as part of a Scout Troop project. 1 The minutes of the November 25, 1974 meeting were illegible in parts. Mr. Marier moved to defer approval of these minutes until the Council receives a legible copy. Seconded by Mr. Zelinka. Motion carried. Inasmuch as Mr. Doyle of the Housing Review Section of the Metropolitan Council had not arrived, Mayor Bohjanen asked for the Clerk's report. Letters from Anoka County concerned with insurance and the Ad Hoc Committee for open space had been received. All Councilmen have copies of these letters. The second half of the tax revenue for 1974 had been received in the amount of $57,587.38. $18,698.88 of this amount was for payment of special assessments in the County Lakes area. The August and October payments from the Metropolitan Sewer Board in the amount of $1,625.00 had been received. The Clerk had received a request from the Pinto Association for use of the Hall on January 16, 1975 for their annual meeting. After some discussion, Mr. Jaworski moved to write and inform this orginazation that requests for the use of the Hall must come from local residents. Seconded by Mr: Marier. Motion carried. Mayor Bohjanen proceed with his report. He asked the Clerk to readialetter from the National Orginazation of the Action Committe to Fight Inflation. This letter suggests that a local committee for this purpose be set up by the Mayor. Mr. Marier moved to set a five member active committe for this purpose. Seconded by Mr. McLean. Motion carried. Mayor Bohjanen will present the names for this committee. Mayor Bohjanen had received a letter from Forest Lake in connection with the proposed Ice Arena. There is a meeting scheduled for December 11, 1974 in the Forest Lake City Hall. Mayor Bohjanen will try to attend this meeting. Mr. Jaworski felt the Lino Lakes Athletic Association should be aware of this. The Mayor will contact Mr. Resch. Mr. Marier felt that this is quite a venture for Forest Lake and we should indicate our concern in this project. Mayor Bohjanen had also received a proposal to join the Suburban Rate Authority. Since this is quite lenghty, the Clerk was asked to make copies for all Council members and this matter will be put on the December 23, 1974 agenda. Mr. Jaworski had no report. Mr. Marier had no report. Mr. McLean reported on the December 2, P74 meeting of the Park Board. An answer to the Lino Lakes Athletic Association letter has been written dealing with all points of contention in the letter. 1 1 December 9, 1974 Mr. McLean had also instructed Mr. Resch to get a list of supervisors for the warming house trailer to be leased for use at the Hall property. This list was to have been delivered by this meeting but has not. Mc. McLean ?lad informed Mr. Resch the list must be on record before the rental trailer will be ordered. Lino Park has been seeded, the gate locked to protect the area,and some Class 5 put on the parking lot area. More will be done in the Spring. Mr. Jaworski asked if there is to be any flooding done this year? Mr. McLean said they hope to start on Wednesday of this week - weather permitting. The delay is due to the warm weather. Mr. Zelinka had no report. Mr. Gotwald had nothing special to report. Mr. Locher said the he had tried to contact Attorney General on the salary question, but he had been unable to do so. There was discussion on the law that governs this question, but no decisions. Mr. Locher said that he hoped to have an answer by the December 23, 1974 meeting. Under old business, the Clerk reported that she had spent most of this afternoon in the Auditor's office attempting to compute the overpayment on special assessments by Mr. Jandric due to the platting of Lakes Add # 3. The Auditor's office will be working on this and will send their finding s to the Clerk's office. It was suggested that Mr. Werner of Springsted had computed this overpayment during the investigation for the sale of the $180,800.00 bonds. The Clerk was instructed to contact his office for that information. Under new business, Mr. Jaworski asked what the Ordinance reads as to the restoration of streets torn up. Mr. Locher read from Ordinance #22 which states that the streets must be restored to their original condition. Mr. Jaworski requested a letter' sent to Mr. Berghorst informing him of this requirement. On consideration of the requisitions, Mr. Marier questioned #532. This is in the amount of $239.24 for repair of the transmission in the Plymouth police car. Mr. Marier asked who authorized the repair work to be done. Mr. Jaworski said that he did, it was an emergency. Mr. Marier reminded Mr. Jaworski that all Council members must be contacted on an expenditure as large as this. Mr. Jaworski agreed, but felt that this problem had to be taken care of immediately. Mr. McLean questioned #520. This is for Police uniforms, some of which are for Mrs. Pankratz. Mr. McLean felt that expending monies for someone who is not yet a part of the Police Dept. is unwise, either the appointment should be made or the expenditures for uniforms cancelled. Mr. Jaworski moved to appoint Mrs. Pankratz as Policewoman effective January 1, 1975. Seconded by Mr. Zelinka. Motion carried. Mr. Zelinka moved to approve requisitions $527 through and including #532. Seconded by Mr. McLean. Motion carried with Mr. Marier voting, No. Mr. Doyle had arrived. Mayor Bohjanen welcomed Mr. Doyle and thanked him for coming. Mayor Bohjanen asked Mr. Doyle if there is a bill for a moratorium on building permits in this area pending? Mr. Doyle said, No, not to his knowledge. He said he wasn't sure where to start but becember 9, 1974 probably Mr. Starr's letter and the points in that letter should be discussed. Mr. Doyle stated that the Metro Council does not have the power to declare a moratorium on building permits. He stated that the Metro Council is known as A95 Clearing House for Federal Government. He said that the MC has the authority to review federally funded housing projects and to make recommendations only to FHA as far as financing is concerned, but the MC has not the authority to make their decision binding on the FHA. "We merely present the guidlines that we feel are good for the entire metro area. These guidelines apply only to property that has to do with the federal funding projects and builders that are seeking federal insurance." Mr. Doyle said that any projects that are being done privately, the Metro Council has no authority whatsoever. The guide chapters are merely an indication of what they are looking for in this area for housing standards. The idea of the MC im- posing a moratorium on building permits is definitely not true. Mr. Marier asked Mr. Doyle if, to his knowledge, there was any pending legislation currently in the state house or about to be proposed for a housing maratorium in this area? Mr. Doyle again replied, "No, ,f am not aware of any." Mr. Jaworski asked if the MC served as a clearinghouse for the entire state of Minnesota or just the seven county area commonly known as the Metro Area? Mr. Doyle said the MC has no authority outside the metro area and this .service is only for the seven county area. Mayor Bohjanen asked if when housing projects that are being considered for federal funding, does the MC make binding suggestions. Mr. Doyle said the MC merely offers their suggestions. The review process is to make suggestions on what is felt to be the best growth patterns for the entire metro area. Mr. Marier asked "Isn't that a back door way of controlling housing ?" Mr. Doyle said he preferred the word suggestions and our findings are only suggestions, MC does not have the final decision making authority. Mayor Bohjanen asked how the lot sized for a plat is determined. This Council had approved a good plat that met with the City requiremens. When the developer appeared before the MC, the plat had been torn apart and the developer was told that he would have to increase his lot sizes to 2 to 21 acres in order to be considered. Mr. Doyle said the MC appreciates that problem, but at this time, they don't have any standard lot size. He assured the Council that no arbritarty standards are being suggested for adoption without due process of the law. Mr. McLean said that the developer had presented a good plat that had been accepted by the City. The MC had torn it apart and turned it into a second class plat. Mr. Doyle said he would prefer to talk generally about the policies of the MC. The builder should appeal to the MC if he feels that he was not treated fairly. Mr. Doyle then gave all members of the Council copies of the guide chapter on the housing process. He explained that the guide chapter was a broad outline of what the MC is trying to develop for the metro area. They are trying to set up a plan that will not place an extra tax burden on the tax payerat the same time influence the growth in the metro area. 1 1 1 December 9, 1974 9 Mr. Marier asked how an extra tax burden would be placed on the tax payer by extending the sewer line, if they were already in the area? Mr. Doyle then presented a map showing the entire Metro Area and stated that the areas that were not shaded (white) were the areas that the MC would recommend for develop- ment first. Mr. Marier asked, why, if White Bear, Hugo and all surrounding areas had sewers, why the lines were not extended to Lino Lakes? He brought up the 6800 acreas that the MC wanted for Open Space. He said Anoka County already has approximately 3,, 000 acres and isn't that a fair contribution from one municipality for the metro area as a whole? Mr. Doyle said that he was not familar with the sewer problems in thisarea and that they should be brought up through the proper channels. He then directed the Council's attention to the map and went on to explain that most development would be concentrated in the areas where the cities were considered "free standing cities." Mr. Marier asked what qualified a city as "free standing ?" Mr. Doyle explained that a free standing city is one that is considered self - contained, that it offers employment, vital services such as hpspitals, shopping districts, sewage plant and schools. This is what the MC looks for and also keeps in mind the general relation to the central core cities. Mr. Jaworski then asked if there are long range development plans as to the direction most development would take in the metro area? Mr. Doyle explained that the white areas of the map would be developed by 1990; the gray areas not until after 1990. Mr. Zelinka asked why the move southward? Shouldi't the developments be pushed in a northern'direction? The lands South of the core cities is prime ag lands - the lands North are more conducive to development. Mr. ,Karl Burandt, then stated that the MC did not intend to tell people where they could or could not live. Most people tend to move farther out from where they live - for instance, if a person lives on the South side of the core cities, he tends to move farther South, and the same thing applies as to the other areas. Mr. Marier asked Mr. Burandt how and where the MC gets their input. Mr. Burandt replied 'from the staff people and citizens.' Mr. Marier then asked Mr. Burandt if the Metro Sewer Board had agreed with Mr. Burandt's sewer plan for Lino Lakes. Mr. Burandt evaded the question. Mr. Marier repeated the questions and again Mr. Burandt evaded the answer. Mr. Marier repeated the questions for the third time and Mr. Burandt, said, "yes, they did." Mr. Marier reminded him that the Metro Sewer Board had not agreed with his plan. Mr. Doyle said that no matter what the policy is there will always be someone who disagrees with it. Mr. Marier noted that in a decision making process, the input from staff personnel must be accepted - It is the responsibility of the Council to either accept or reject. Mr. Zelinka felt that areas large enough to have lobbists have{ an- advantage over 90 December 9, 1974 areas such as Lino Lakes who cannot afford such people. Mr. Marier asked that Mr. Doyle be thanked for his time and the Council should request to speak at a MC meeting or else send a Resolution. Mayor Bohjanen thanked Mr. Doyle. for his time and information. Mr. Doyle felt the time was well spent. He thanked the Council for the opportunity to speak to them. Mr. Torkildsen and Mr. Bob Parta were next on the agenda. Maoyr Bohjanen called for a 5 minute recess. When the Council reconvened, Mr. Locher had four points that he wished cleared. The first area of discussion was the Tagg property. Mr. Locher had scaled the maps and found that the line on the Anoka County map was some 850' too far West on the North boundary and about 270' too far West on the South boundary. Mr. Torkildsen said at the present time appraisal work on that property, had stopped Mr. Tagg has plans for the installation of a landing strip along the North edge of his property, and he had changed some planning for the location of the motel. Until the Councty can ascertain the needs of Mr. Tagg, no more will be done in that area. Mr. McLean asked that the line be brought back to the original agreed area and Mr. Torkildsen said it would be done. Mr. Locher then presented the area where the Kelling, Nyren, and McConville properties are located. It is definitely stated in Open Space minutes that these properties are to be omitted from the land acquisition program. Mr. Torkildsen did not remember this. Mr. Parta felt that the cross hatched area was to represent the Jandric golf course and these lands had been included as a part of the area. In agreeing to this, the understanding of the Open Space Commission was that the Kelling knoll would be omitted. Mr. McLean agreed that this was so, he felt that it was understood that the flood plains would be included in the Park but that that portion of high land would be omitted. 1 1 Mr. Marier said that in making their decisions on the agreement, all preceeding discussion and progress was carried forward to the final agreement. All points made before had been agreed upon, and the only points of contention was two parcels of land the golf course and the Leibel property on Centerville Lake. Mr. Parta said in that case, the cross hatched section takes in more area than it should. Mr. Torkildsen said if this area is to be omitted from the Open Space, then these home can only be acquired by negotiations with the owners. Mr. Marier repeated that his understanding was that only two parcels - Leibel's and the golf course - were in questions; all other areas are the same in Exhibit A/- Mr. Torkildsen asked, if the individuals want to sell and the appraisals are too low, III can the Anoka Park Board take them into condemnation procedures - is this acceptable to the Council? Mr. McLean felt that this is something that must be settled between the owners and the Park Board. 1 1 1 December 9, 1974 Mr. Torkildsen asked, if they exclude the three residential sites, will the Council give permission to purchase at the owner's request, by condemnation hearings? Mr. McLean asked if the owenrs could walk away from any offer made by the County? Mr. Torkildsen said, Yes, if the owner refuses to sell, there is no way the land may be acquired. Mr. McLean suggested asking the people who were present and involved in this area what their feelings are as to the acquisition of their property. Mr. Kel1ing said that he cannot make a decision until he knows what he will be offered for his property. Mr. Monson said that he would not sell. 91 Mr. Zelinka reminded the people that some lands, because of the topography, must be included. Someone in the audience asked why Lino Lakes had not done as Centerville did and refuse to agree to any lands being taken. Mr. Locher reminded the people of the special legislation that Anoka County has which removes all control from the local municipalities. The discussion of the Council was on the general concept of the Open Space and not on an individual basis. Mr. Mclean asked Mr. Torkildsen that status of the lands that were to be included in the open space program located within the Centerville boundaries. Mr. Torkildsen said the awards for the Leibel and Hensel properties had been made in November. Mr. McLean advised the people that even though Centerville had refused to consider the Open Space program, Anoka County had condemned and taken the property., He asked Mr. Torkildsen the acreage that had been taken in the Centerville area. Mr. Torkildsen said he wasn't sure, but thought it was some where around 100 acres so far. Mr. Zelinka asked Mr. Torkilsdesen what would have happened to the size of the Park if Lino Lakes had not negotitated with the County. Mr. Torkildsen said in the beinning the proposal had included 6,800 acres of land, but negotiations, the size had been reduced to 2,500 acres. In answer to the questions developing a portion of the Park, Mr. Torkildsen said there are plans for a nature center building and trails on about 745 acres of the land. Someone asked if snowmobiles and horses are to be allowed on these trails and Mr. Torkildsen said, No. There was general discussion on the three residential sites, with Mr. Torkildsen saying that all he could do is go back to the County Board with the request to obtain these homes by negotiations with the property owners. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion carried. The matter of the Advisory Committee was introduced for discussion. Mr. Burman had written stating that this committee would be formed by one person being appointed from Lino Lakes, Centerville and Circle Pines. Two to be appointed by Anoka County. 92 December 9, 1974 Mr. McLean requested that one of the appointments made by Anoka County be a resident o of the Park area in Lino Lakes, He felt that since this area is located in Lino Lakes the City should have more voice in the decisions than the other cities. Mr. Torkildsen agreed and said he would recommend this. The next point to consider is that the agreement specifically states that all lands taken from Lino Lakes is not to be more than 2,500 acres regardless of where it is and when it is taken. The lands in point is the colored areas around Baldwin Lake and Rondeau Lake. Mr. Torkilsdsen said the only lands they are consideirng at this time is South of 35W. The lands around Rondeau Lake is for furture consideration. The lands South of #49 around Baldwin Lake are part of the Rice Creek Project. Mr. McLean said the intent of the Open Space Commission was the entire package was to be included in the 2, 500 acres of land. This is to be a single taking regardless of the time schedule and funding. Once the maximum of 2,500 acres of land is reached, then the acquisition must cease - there is no coming back for more land. Mr. Torkildsen said the land around Rondeau Lake would probably not be taken for another 10 to 30 years and maybe never. Mr. McLean said the schedule for acquisition is of no interest to this Council. Their interest lies in the fact that all lands acquired in Lino Lakes is not to exceed 2,500 acres regardless of where or when. Mr. Torkildsen said the agreement is contradictory in that the limit is 2,500 acres but more can be acquired by direct negotiations. Mr. McLean agreed with this statement but repeated that 2, 500 acres is the limit for condemnation. There was a general discussion on the possibility of life time estates being granted to some of the people whose homes are included in this acquisition. Mr. Tork- ildsen said these people will be considered individually. Mrs. Hensel asked Mr. Torkildsen to come to their home for a meeting since it is very difficult for them to get to Anoka before the offices close. Mr. Torkildsen said he would be glad to. He said the appraisals should be completed by January 30, 1975 and the County will have met with all the preperty owners by April. Mr. Locher asked for clairification on the 2, 500 acres;this 2,500 acres is included in all the colored areas on the map; including the colored areas around Baldwin Lake and Rondeau Lake. Mr. Torkildsen said this was apparently the intent. Mr. McLean asked it if was possible to have an answer on the two points: 1) the make- up of the Ad Hoc Committee and 2) the status of the three residents on Rice Lake by January 15, 1975. Mr. Torkildsen felt certain that this could be done by that time. Mayor Bohjanen thanked Mr. Torkildsen and Mr. Parta for attending this meeting and helping to clear up these points of contention. 1 1 1 1 1 December 9, 1974 93 Mr. Beach, tree inspector, presented the Council with copies of the 1974 inspection report and the 1975 proposal. He felt that the Oak Wilt in the area can be controlled within five years. The Dutch Elm disease is another thing and he did not think this could be controlled. The only thing to do is to destroy the affected trees. He will have a sample ordinance for the Council that must be published by April 1, 1975. He requested the Clerk to put him on the agenda for the first meeting in March. Mr. Henry Amundsen, building inspector, reported that he will have his report ready for the January Meeting. He also requested the purchase of a two drawer file cabinet. This is needed for storage of blue prints. Mr. Amundsen also requested that building permit fees be raised to the state level effective January 1, 1975. Mr. Marier moved to approve the purchase of the file cabinet. Seconded by Mr. McLean. Motion carried. The Council asked Mr. Amundsen to compute the schedule of building permits for their consideration. There appears to be some misunderstanding between the Clerk's office and the Fire Marshall. She will call Mr. Kline and clear up this questions. Mr. Zelinka moved to approve checks #6121 through and including #2715. Seconded by Mr. Marier. Motion carried. Mr. Zelinka moved to approve payroll checks #2694 through and including #2716. Seconded by Mr. Marier. Motion carried. Mr.Jaworski moved to adjourn at 11:05 P.M. Seconded by Mr. McLean. Aye. A mac/ CLERK - TREASURER