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HomeMy WebLinkAbout09/12/1977 Council Minutes1 1 1 September 12, 1977 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on September 12, 1977 by Mayor Bohjanen. Council members present; Karth, McLean, Schneider, Zelinka. Absent: None. Mr. John Burke substituted for Mr. Locher. Mr. Gotwald was also present. Mr. Schneider corrected the minutes of August 22, 1977 as follows: page 4, paragraph 2, second line - delete 'agreed to spend' and insert 'indicated the possibility of spend- ing'. Mr. McLean moved to approve as corrected. Seconded by Mr. Karth. Motion carried unanimously. Mr. Karth moved to approve the minutes of August 29, 1977 as presented. Seconded by Mr. McLean. Motion carried unanimously with Mr. Schneid abstaining. Mr. McLean pointed out several items in the Metropolitan Council publication that should interest this City - one was concerned with the collection of SAC and the second point dealt with changes in the open space policies. These matters should be followed. The Clerk presented the following items for Council consideration: ..A letter from Anoka County stating there are increased funds available in the CETA pro- gram. The Clerk had contacted the County on this matter and was told these funds are only available for a specific project that will be in operation for a specific period of time, up to one year. ..A letter from the Metropolitan Council setting the date of October 19, 1977 at 4:00 P.M. for a public hearing on the White Bear Township system statement. ..Contract figures from the Lexington Fire Department had been received. This will be considered at the budget hearing. ..A letter from the Metropolitan Council acknowledging the receipt of the City's answer to the proposed system statement. This will be forwarded to the office of Hearing Exam- iners who will set the hearing, send the notices, conduct the hearing and submit a report to the Metropolitan Council. ..A letter from the Centennial Schools submitting a request for assistance in conducting the summer recreation program. This will be considered at the budget hearing. ..In order to comply with Minnesota State Law, there must be a meeting of members of the Community Education Advisory Council members and all other interested parties. This meet- ing has been scheduled for September 27, 1977. They had requested a member of the Council or a representative be at that meeting. The Council asked the Clerk to attend. ..Municipal Fines for the month of August in the amount of $433.67 had been received. ..The joint Resolution between Hugo and Lino Lakes had been received with all necessary signatures. ..A request from St. Joseph Parish for a permit to sell beer at a Polka Dance on October 22, 1977 had been presented to the Council. Mr. McLean moved to approve this request. Seconded by Mr. Zelinka. Motion carried unanimously. ..A refund of $1,200.00 from the State for the attendance of Mr. Jeffrey Kirschbaum's at BCA. ..A letter from Mr. David Torkildson informing the Council, the Anoka County Park Board has been authorized to participate in the blacktopping of West Shadow Lake Drive in the 6 September 12, 1977 the amount of $7,500.00. This money will be made available to the City as soon as the contract is let and the County has had a chance to review the contract. On the same subject, the Clerk read a letter from the Griffin Company. A per test done on Lot 15, Block 4, had been done and forwarded to the City. They are asking for either approval or denial of building permits on the lots on the West side of the lake. Mr. Gotwald pointed out, this area would fall under the control of the Shorelands Manage- ment Act, and there could be problems with the depth of some of the lots. It might be necessary to combine several of the lots in order to fullfill the requirements of that act. Mr. Ken Erickson, who has purchased Outlot B on the Lake Side, and has applied for a building permit was in the audience. Mr. Erickson is aware that he cannot obtain a build- ing permit until the street is surfaced. However, he wants to get started on his home by the 1st of October. The participation of the property owners in the costs of surfacing the street was dis- cussed. Mr. Zelinka said if this can be done in this manner and avoid a formal assess- ment procuedure, it could take a lot of time and cost more. As to the answer to the Griffin Company, Mr. McLean moved to have Mr. Gotwald look at Lot 15 for specifics and report back to the Council. Seconded by Mr. Karth. Motion carr- ied unanimously. There was discussion of the costs of surfacing this street with Mr. Gotwald coming up with a figure of approximately $2.00 per running foot. Mr. Zelinka moved to send a letter to all property owners, giving this cost figure, telling them this must be an unanimous agreement on their part, and the money must be paid to the City or be put in escrow, any amount over and above the $2.00 per running foot the City will assume the costs. Seconded by Mr. McLean. Motion carried unanimously. Mr. Zelinka suggested Thursday, September 22, 1977 at 8:00 P.M. for the meeting. The Council agreed. Mayor Bohjanen called thepublic hearing for the plat Rohavic Oaks to order at 8:45 P.M. Mr. Burke read the notice of publication that was published on August II, 1977. The proponents of the plat were present and there was no opponents of the plat. There had not been a report from the Rice Creek Watershed Board as yet and no recommend- ation from the Park Board. The Clerk was asked to contact the Rice Creek Watershed Board. The developers of the land said they would agree to money in lieu of land for park purposes. Mr. McLean moved to approve this plat subject to the recommendations of the Rice Creek Watershed Board and to accept money in lieu of land for Park purposes. Seocnded by Mr. Zelinka. Motion carried unanimously. Mr. Karth moved to close the hearing at 9:00 P.M. Seconded by Mr. Zelinka. Motion carried unanimously. The Clerk continued her report: ..A letter from Mr. Beach, City Tree Inspector, with a suggestion for the control of Oak Wilt. The Council had some questions and they requested that Mr. Beach attend the next scheduled Council meeting. 1 1 September 12, 1977 Mr. Zelinka reported on a problem with a garage at Fairmon and Lakeview. The original had burned and the persons had obtained a permit to replace but were enlarging the gar- age and does not meet the setback requirements. However, this building does line up with existing buildings on that side of the street. On that basis, Mr. Zelinka moved to grant a variance to the set back requirements on the side street and allow the construction of the garage on the footings as are now set. Mr. McLean seconded the motion, with the stipulation that the owner make application and pay for the variance. Mr. Zelinka acc- epted the addendum to the motion. Motion carried unanimously. The public hearing for the purpose of considering the sewer service zoning map was called to order at 9:15 P.M. Mr. Burke read the notice of publication. Mr. McLean pointed out this is the map that was sent to Metropolitan Council as a part of the overall regulations to be adopted by this City in conjunction with the installat- ion of the force main interceptor. This map defines the urban service area and the rural service area. Mr. McLean moved to approve this zoning map. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. McLean moved to close the hearing at 9:20 P.M. Seconded by Mr. Karth. Motion carr- ied unanimously. Mr. Clement Schmitz and Mr. Loren Ehrmantraut had appeared before the Circle Pines City Council with a request that the area South of Highway #8 and West of Highway #49 be con- sidered for utility service from that community. Circle Pines had told them that due to the lands that had been taken for open space, there was capacity intheir lines for servicing that area. Mayor Bohjanen said there is a sewer on Highway #49 further South and that in the future and interceptor should go past this property. He wanted to make it very clear, this would be just for service and not for annexation. Mr. Gotwald said the lines would have to be designed as if the interceptor was already there. When this interceptor is installed, it would be a matter of changing the flow of the effluent. Mayor Bohjanen said if this is done, there must be a contract written so as to assure this City will not get hurt in the process. Mr. Gotwald suggested a letter from the City of Lino Lakes to the City of Circle Pines asking for their proposal and for their charges to the land owners. Mr. McLean was concerned with agreement for the extension of the lines into this City in conjunction with the Metropolitan Council. This concurance by that Board will be necessary. Mr/ ZeiirTka asked if this would require a lift station and Mr. Gotwald said, Yes. Mr. Zelinka asked about financing and Mr. Gotwald said that is the responsibility of the owners. Mr. Zelinka asked if these men had talked to Mr. Glenn Rehbein who owns the lands further South and Mr. Schmitz said, Yes. Mr. Gotwald said any sort of system installed would be on a very temporary basis. The Clerk was instructed to write to Circle Pines for information as to the charges to the developer, also to the Metropolitan Waste Control Commission and ask for their comment September 12, 1977 on this concept. These letter to be in a positive manner. Mr. Ehrmantraut asked the Council what is expected fromthem? Mr. Zelinka said they should III write a formai request setting forth their willingness to stand the cost and agreeing that this system would be constructed under the direct supervision of the City Engineer. Mr. Zelinka so moved. Seconded by Mr. McLean. Motion carried unanimously. The public hearing for assessments for sewers on LaMotte Road was called to order at 9:40 P.M. Mr. Burke read the notice of publication. Mr. Burke asked if there were persons pre- sent who would like to speak on this matter. Mr. Gotwald said the sewer is in, the street will not be restored until next year. This is to allow the street to settle before resurfacing. Mr. Gotwald was questioned as to when the residents may hook into_the sewer. Mr. Gotwald said the force main is under construction. The Metropolitan Waste Control Commission had started construction at the Hugo end. The main hold up in the completion is the lift st- ation. It should be delivered in October and the completion date set by MWCC is late December. Mr. Gotwald felt the force main should be completed within the next six weeks. One resident said they have a vey bad problem with the street in Centerville that must be used to get to the area in Lino Lakes. The street had deep holes and he wanted to know if this is to be blacktopped. Mr. Gotwald agreed the street is very bad but street restoration was not a part of the bond issue for the installation of the sewers in Centerville. Mr. Gotwald will check this street and if the problem was caused by the installation of the sewers, he will see if something can be done. One resident asked if they would receive notice of the last date to make payment for the amount due and avoid the interest payment and how long they would have to connect to the system. The property owners willbe given 30 days from the date of certification to the County Auditor and the Clerk will send notices to all property owners as to the last date pre- payment will be accepted. According to the City Ordinance, the owners have one year to connect. Mr. Zelinka moved to send notices for final date for prepayment. Seconded by Mr. Karth. Motion carried unanimously. Mr. Zelinka moved to accept the assessment role for the LaMotte Road Sewers in the amount of $63,200.00 to be assessed against each lot in the amount of $2,747.83. This assess- ment to be for a 10 year period at $410.00 per lot per year. Seconded by Mr. Schneider. Motion carried unanimously. Mr. McLean moved to close the hearing at 9:55 P.M. Seconded by Mr. Schneider. Motion carried unanimously. ��, " � /` 4 Mr. Gotwald explained the proposal to surface Eva Street for the purpose of constructing a home on three lots facing the half street platted as 133rd Street. The people who are interested in this are asking to construct the home facing Eva Street, which is the side street. Mr. Gotwald felt there would have to be some extra research and engineering in that area to control the drainage. Mr. McLean said the requirements of the Ordinance will have to be fulfilled. It was sugg- III Mr. and Mrs. John Muska, who own land on LaMotte Road, had arrived and Mr. Burke told them the hearing was already closed, but if they had questions, he felt the Council would ans- wer them. September 12, 1977 ested these persons appear before the Council with their proposal. 1 1 Mr. Muska asked how the amount per lot had been determined and was told by Mr. Gotwald that the total amount had been divided equally between the lots. Thus each lot has the same assessemnt. The prepayment was discussed for their benefit and the Muskas apologized for being late, saying they got lost. The Clerk was reminded to put the assessment in the duscussions for the budget meeting. This is concerned with the Outlot owned by the City. Mr. Gotwald said he had discussed the possibility of trading this lot for one without street frontage with Mrs. LaMotte and she had said she would consider this. Mr. Karth reported the repair to the fire hydrant done by the Centerville Fire Department had cost $281.08. This bill has been sent to that Department. Mr. Karth gave each Council member a copy of the report itemizing the savings in the road budget for 1977. Also, a copy of the shop fund breakdown, including the fuels. There was no report from the Planning and Zoning Board. Mr. Schneider reported he is still trying to meet with the Centennial Hockey Association to discuss the rinks at Sunrise Park. He will also be talking to Blaine for possible part- icipation. Mr. Schneider reminded the Council of the budget hearing re- scheduled for Thursday, September 15, 1977 at 7:00 P.M. Mr. Zelinka had no report from the Personnel Commission and there had been no contact from the Union of the Police salaries. Mr. Zelinka said he had been contacted by a resident of the Lakeview area with a problem with the Circle Pines Gas Company. He will check this further and report back to the Council. Mr. Zelinka said he has not contacted Mrs. Billik as yet, but will do so as soon as possible. Under Old Business, the subject of assessing a fee per lot for money for park purposes was to be considered. Mr. McLean said this matter be dalayed. Mr. Zelinka moved to table consideration of this matter and refer to the Planning and Zoning for action, with a recommendation to be forwarded to the Council within the next 30 days. Seconded by Mr. Karth. Motion carried unanimously. Mr. Schneider asked if it is to late in the season to consider some changes in the Zoning as to where hunting is allowed. There was discussion of this problem, with Chief Myhre saying he would like to see some change in the Ordinance. A man from the audience suggested banning all fire arms except by special permit Issued by the Police Chief. The Council felt this is a good suggestion and asked the Attorney 10 September 12, 1977 to research other communities for such an Ordinance and get something for Council consid- eration. A resident of Ramsey County and a resident of Lino Lakes who live along County Road 'J' asked if there is something this City can do to control the traffic along that street. There were also complaints of the large trucks hauling diseased trees, losing logs and branches and leaving them on the street. The corner of County Road 'J' and Highway #49 is full of loose gravel and should be swept. Mr. Karth volunteered to contact Mr. Burman on this matter. Chief Myhre felt there should be a study done on this street. Mr. McLean moved to have the Clerk write to the County requesting this study. Seconded by Mr. Karth. Motion carr- ied unanimously. Mr. Alan Strobeen, who had presented a proposals for a contract with the City for towing service, said he would like to modify the proposal by deleting the police impounded vehicles. He had discussed this with the Chief and that is the way suggested by the Chief. There was discussion on this matter with no decision. Mr. Strobeen was asked to revise his proposal and re- submit to the City. The maps of the final plat of Carole's Estate was presented for inspection. Mr. Gotwald said the plat was right but he will have to review the road plans and write a letter to the City. Mr. McLean moved to approve requisitions #777 and 778. Seconded by Mr. Karth. Motion carried unanimously. Mr. McLean made note of the fact there are quite a few bills without requisitions. This should not happen. Mr. McLean moved to approve checks #8200 through and including #8233. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Zelinka moved to adjourn at 11:10 P.M. Seconded by Mr. Karth. Aye. These minutes were approved with corrections September 26, 1977 at the regular Council meeting. EDNA L. SARNER, CLERK - TREASURER September 12, 1977 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES ANOKA COUNTY, MIN NESTOA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was duly held at the City Hall on Monday, September 12, 1977, commencing at 8:00 o'clock P.M. The following members were present: Mayor William I. Bohjanen, Council men Harvey F. Karth, John McLean, Robert 0. Schneider and Richard J. Zelinka. At 9:40 P.M., Mayor Bohjanen called the hearing to order to consider the proposed special assessments for all of the abutting property abutting on LaMotte Road in the City of Lino Lakes, as same is platted in LaMotte's Second Addition, except Outlot 1 thereof, and all of the abutting property abutting on LaMotte Road in the City of Lino Lakes, as same is platted in LaMotte's Third Addition. All interested parties who wished to be heard were heard; whereupon, Councilman Zelinka made a motion for the passage of a resolution, as follows: WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of all of the abutting property abutting on LaMotte Road in the City of Lino Lakes, as same is platted in LaMotte's Second Addition, except Outlot I thereof, and all of the abutting property abutting on LaMotte Road in the City of Lino Lakes, as same is platted in LaMotte's Third Addition; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA: 1 1 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extend- ing over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 1978 and shall bear interest at the rate of 8 per cent annum from the date of the adoption of this assessment resolution. To the first installment has been added interest on the entire assessment from the date of this resolution until Dec- ember 31, 1978. To each subsequent installment when due has been added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to cert- ificate of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthewith transmit a certified duplicate of this assessment to the county auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 15 September 12, 1977 The motion for the adoption of the foregoing resolution was duly seconded III by Councilman Schneider and upon vote being taken thereon the following voted in favor of said motion: Mayor Bohjanen and Councilmen Karth, McLean, Schneider and Zelinka, and the following voted against said motion: none. 1 Whereupon said motion was declared duly passed. STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF LINO LAKES ) I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of Lino Lakes, hereby certify that I have carefully compared the attached and foregoing extract of minutes of the regular meeting of the Council of the City of Lino Lakes held on September 12, 1977, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to Improvement 76 -3. 1977. (SEAL) WITNESS My hand officially as such Clerk - Treasurer this 3rd day of October, Edna L. Sarner, City Clerk - Treasurer City of Lino Lakes, Minnesota