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HomeMy WebLinkAbout10/10/1978 Council Minutes167 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. A regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was duly held in the City Hall, City of Lino Lakes at 8:00 o'clock P.M., on the 10th day of October, 1978. The following members were present: Mayor Harvey Karth and Councilmen Richard Kulaszewicz, John McLean, Robert Schneider and Richard Zelinka, and the following members were absent: None. * * * * * * * * * * * * * * * * * * * * * * * * Councilman McLean introduced the following Resolution and moved its adoption: WHEREAS, the City Council of the City of Lino Lakes, Anoka County, Minnesota, has, on its own motion, ordered a hearing to be held to con- sider the vacation of the following portion of a city street lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota: The North 8 feet and the South 8 feet of that part of Lois Lane as laid out and constructed, on all of Lot 10, Auditor's Subdivision No. 100, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, being the North 8 feet and the South 8 feet of said Lot 10; and WHEREAS, published notice of the hearing held this 10th day of October, 1978, at 9:35 o'clock P.M., at the City Hall in the City of Lino Lakes, was duly made for two weeks, on September 21, 1978 and September 28, 1978, in the Forest Lake Times, and posted notice of said hearing, since September 25, 1978 was duly made, all as required by law, giving legal notice as required by law; and WHEREAS, This City Council hereby determines that the following portion of a city street lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows: The North 8 feet and the South 8 feet of that part of Lois Lane as laid out and constructed, on all of Lot 10, Auditor's Subdivision No. 100, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, being the North 8 feet and the South 8 feet of said Lot 10, is not needed for public travel; and WHEREAS, after due consideration, at a Public Hearing held on October 10, 1978, at 9:35 o'clock P.M., at the City Hall in the City of Lino Lakes, by the City Council of the City of Lino Lakes, Anoka County, Minnesota, this City Council determines that the vacation of said city street will in no way be detrimental to the public interest, and that it will be in the interest of the public to vacate said city street; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota, as follows: 168 That the following described portion of a city street, lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows: The North 8 feet and the South 8 feet of that part of Lois Lane as laid out and constructed, on all of Lot 10, Auditor's Subdivision No. 100, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, being the North 8 feet and the South 8 feet of said Lot 10, shall be and is hereby vacated as of the date hereof. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Schneider, and upon vote being taken thereon the following voted in favor thereof; Mayor Harvey Karth, and Council- men Richard Kulaszewicz, John McLean, Robert Schneider and Richard Zelinka, and tb following voted against the same: none. Whereupon the said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) SS COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City, held on the 10th day of October, 1978, with the original thereof on file in my office and the same is a full and complete transcript therefrom. Witness my hand officially as such Clerk- Treasurer and the official seal of the City, this 17th Day of October, 1978. Edna L. Sarner City Clerk- Treasurer City of Lino Lakes Anoka County, Minnesota 1 1 1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA. A regular meeting of the City Council of the City of Lino Lakes, Anoka County, Minnesota, was duly held in the City Hall, City of Lino Lakes at 8:00 o'clock P.M., on the 10th day of October, 1978. The following members were present: Mayor Harvey Karth and Councilmen Richard Kulaszewicz, John McLean, Robert Schneider and Richard Zelinka. and the following members were absent: none. * * * * * * * * * * * * * * * * * * * * * * * * * Councilman McLean introduced the following resolution and moved its adoption: WHEREAS, the City Council of the City of Lino Lakes, Anoka County, Minnesota, has, on its own motion, ordered a hearing to be held to consider the vacation of a drainage and utility easement lying within the corporate limits of the City of Lino Lakes, Anoka County, Minensota, described as follows, to -wit: An easement, dedicated to the public on the plat of Lakes Addition No.1 and being described as follows: A drainage and utility easement, 20 feet in width, the center of which is the common line between Lots 21 nad 22, Block 4, Lakes Addition No. 1, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota; and WHEREAS, published notice of the hearing held this 10th day of October, 1978, at 9:00 o'clock P.M. at the City Hall in the City of Lino Lakes, was duly made for two weeks, on September 21, 1978 and September 28, 1978, in the Forest Lake Times, and posted notice of said hearing, since September 25, 1978, was duly made, all as required by law, giving legal notice as required by law, and; WHEREAS, this City Council hereby determines that the following drainage and utility easement lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows, to -wit; An easement, dedicated to the public on the plat of Lakes Addition No. 1, and being described as follows: A drainage and utility easement, 20 feet in width, the center of which is the common line between Lots 21 and 22, Block 4, Lakes Addition No. 1, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, has not formerly been used for public purposes, has not been needed for public purposes; and WHEREAS, after due consideration, at a Public Hearing held on October 10, 1978, at 9:00 o'clock P.M. at the City Hall in the City of Lino Lakes, Anoka County, Minnesota, this City Council determines that the vacation of said drainage and utility easement will in no way be detrimental to the public interest, and that it will be in the in- terest of the public to vacate Said drainage and utility easement; 170 NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Lino Lakes, Anoka County, Minnesota, as follows: That the following described drainage and utility easement, lying within the corporate limits of the City of Lino Lakes, Anoka County, Minnesota, described as follows, to -wit; An easement, dedicated to the public on the plat of Lakes Addition No. 1, and being described as follows: A drainage and utility easement, 20 feet in width, the center of which is the common line between Lots 21 and 22, Block 4, Lakes Addition No. 1, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, shall be and is hereby vacated as of the date hereof. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Kulaszewicz, and upon vote being taken thereon the following voted in favor thereof; Mayor Harvey Karth and Councilmen Richard Kulaszewicz, John McLean, Robert Schneider, and Richard Zelinka, and the following voted against the same: none. Whereupon the said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting Clerk- Treasurer of the City of Lino Lakes, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City, held on the 10th day of October, 1978, with the original thereof on file in my office and the same is a full and complete transcript therefrom. Witness my hand officially as such Clerk- Treasurer and the official seal of the City, this 17th day of October, 1978. Edna L. Sarner City Clerk- Treasurer City of Lino Lakes, Anoka County, Minnesota 1 1 October 10, 1978 1. The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., October 10, 1978 by Mayor Karth. Council members present; Kulaszewicz, McLean, Schneider, Zelinka. Ahsent; None. Mr. Locher was also present. Mr. Kulaszewicz moved to approve the minutes of September 25, 1978 as presented. Seconded by Mr. Zelinka. Motion declared passed. The Clerk presented the following items for Council consideration: ..Mr. Gotwald had forwarded a map wil elevations and the recommendation to limit the first phase of operation to a 2 acre site as shown on the plans. Mr. Gotwald set forth the finished garde elevation at approxi- mately 930'. The cost of restoring 64th Street was set at approximately $1800.00. Mr. LeRoux should have a bond or a letter of credit for 1 times that amount or $2700.00. Since Mr. LeRoux has placed $1000.00 in escrow for this purpose, it will be necessary for an additional $1700.00 to be posted. The Clerk is to write to Mr. LeRoux giving him this information. ..The matter of the Metropolitan Council and Metropolitan Waste Control review of the Equity Estates was discussed. There has been no action taken on the review. ..On the matter of the building to be constructed at the City Hall, the contractor had questioned the matter of his paying for the build- ing permit. There was discussion on this matter, with Mr. MCLean sug- gesting that the permit should be voided, the fee refunded and a per- mit issued to the City. After some discussion of this matter, Mr. McLean so moved. Seconded by Mr. Zelinka. Motion declared passed. The question of who would be responsible for the construction of the building and of this building conforming to the State Building Code was discussed. It was felt that if the permit was issued to the con- tractor, he then would be responsible for the conformance of the build- ing. Mr. McLean moved to revoke the previous motion. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to reimburse Lester's of Minnesota the cost of the building permit for the storage building. Seconded by Mr. Zelinka. Motion declared passed. ..A notice from the State of Minnesota Municipal Board setting a hear- ing on the Centerville petition for a merger. This meeting will be held on Nov. 15, 1978, at 9:00 A.M., at the Lino Lakes City Hall. ..Guidelines for the 1978 -79 Local Planning Assistance Grants had been received. This document contains 52 pages so only one copy for Mr. McLean had been made. Other copies can be made of the Council members feel they need to read this. ..A representative from the Clean Air Committee had called and will be on the October 23, 1978 agenda at 8:30 P.M. ..Receipt of the coverage costs from the Police Department to the MMTC had been received. In connection with this matter, the billing of the Anoka County Juvenile Center for Police Coverage was discussed. The Clerk was instructed to send the billing for this and also for coverage in the Anoka County Park to the Auditor's office with a copy to go to Mr. Bob Burman. ..A letter from Mr. Richard Coleman was read. Mr. Coleman has money in escrow to insure the installation of a street in the Otter Lake Hills Plat in conjunction wil lands sold to Mr. Roy Mattson. He is asking for a refund of his money. After some discussion, the Clerk was instructed to write to Mr. Coleman informing him that the money plus interest will be returned to him in due time. The fact that the original sale could not have been -ade without the escrow money was pointed out. 172 October 10, 1978 ..Rice Creek Watershed Board had sent their letter of approval for the land development plans for Sunset Estates. The Public Hearing on the use of Federal Revenue Sharing Funds was called to order at 8:30 P.M. Mr. Schneider said this is the second hearing. The first was to accept citizen input as to the use of the funds and this hearing is for the purpose to show the relationship of the use of the funds to the overall bidget. Since the budget has not been finalized as yet, Mr. Schneider moved to continue this hear- ing until Nov. 13, 1978 at 8:30 P.M. Mr. Schneider felt the final budget figures should be ready for the Oct. 23, 1978 meeting. Mr. McLean seconded the motion. Motion de- clared passed. Mayor Karth introduced the bids for the police patrol car. There were two bids for carryalls, one for a Malibu and one for a Volaire. Mr. Schneider asked Mr. Kulaszewicz what point in time the Police Advisory Commission was at this time? Is this a wise purchase at this time? Mr. Kulaszewicz said the discussions have revolved around the ares that could realize a savings for the City. They do not have a recommendation for Council consideration as yet. Mr. McLean asked what the target date for a recommendation was and Mr. Kulaszewicz said this had not been decided. The need for a car at this time; what condition is the old one in; how long these bids were valid; which type is better; were areas of discussion. Mr. McLean suggested setting a target date for a recommendation from the Police Advisory Board by July 1, 1979. There was Council agreement. Chief Myhre said there are four ways for a recommendation to go; 1) joint with Circle Pines /Lexington; 2) drop entirely; 3) remain the same; 4) contract with the County. He felt that three of these methods would insure the vehicle would be purchased by the other unit. This will be discussed more later. The Public Hearing on the Easement Vacation on West Shadow Lake Dirve / was called to order at 9:00 P.M. Mr. Locher read a copy of the legal publication and presented an affadivit from the Clerk that the notices were posted in three public places at least two weeks prior to this meeting. This notice had also been published twice in the Forest Lake Times. This easement vacation deals with the placement of the drainage ease- ment on the original plat and is being vacated and moved to a new location on the advise of the City Engineer. Mr. Locher said the new location will need to have a legal description written and must be deeded to the City. Mr. McLean moved to approve the vacation of the drainage easement as described in the legal notices and outlined on the drawings. Seconded by Mr. Kulaszewicz. Motion declared passed/ Mr. McLean moved to close the hearing at 9:05 P.M. Seconded by Mr. Kulaszewicz. Motion declared passed. October 10, 1978 The discussion returned to the police car bids. The carryall bids were for 7553.00 and 8058.00; the Malibu - 7097.00 and the Volaire - 6751.00. Mr. Zelinka asked if there was a savings on the suburban and Chief Myhre said, Yes, especially in the tires. Mr. Zelinka asked if a part of this could be attributed to the fact that he, Chief Myhre, drives this vehicle almost exclusively and Chief Myhre said that was possible. Chief Myhre said maintenance on the suburban was 33% less than the other cars with the exception of gasoline. Mayor Karth said he had talked to three of the officers and they had objected to the suburban because it is too big, too hard to turn around and uncomfortable. Mr. McLean asked if these officers had commented on the 'down sized' cars and Mayor Karth said, Yes, their main concern was their size in the car. They felt they would not be comfortable in a small car. There was general discussion on the hours spent in the car, the reason for a Police Department, the recommendations of Mr. Volk and Chief Myhre for the suburban, that the Chief of Police should designate which vehicle should be used. It was suggested that the officers put their preference in writing and explain why and get it to Mr. Kulaszewicz. Mr. Schneider moved to hold any decision on this matter until the Oct. 23, 1978 meeting and ask the bidder that submitted the bid on the Malibu to have the vehicle here for Council inspection that evening. Seconded by Mr. McLean. Motion declared passed. The Public Hearing on the Street vacation was called to order at 9:30 P.M. Mr. Locher read the notice of legal publication setting forth the street being considered. the time and place of the hearing. This notice was published twice in the Forest Lake Times. Mr. Locher also presented an affadivit from the. City Clerk that this notice was posted in three public places two weeks prior to this hearing. This vacation deals with Lois Lane. The building housing the Sport Shop was constructed on the street right -of -way. The original discussion was that 5 feet should be released from each side of the street. However, in checking the footage, Mr. Gotwald had recommended 8 feet in either side. This would leave the City with a 50 foot street and Mr. Gotwald had felt this would be sufficient. THis will give that building a 1 foot plus clearance. After some discussion on this matter, Mr. McLean moved to approve vacating Lois Lane from a 66' street right -of -way to a 50' right -of -way, with 8 feet being vacated on either side of the street per the legal description as shown and written. Seconded by Mr. Zelinka. Motion declared passed. Mr. Zelinka moved to close the hearing at 9:37 P.M. Seconded by Mr. McLean. Motion declared passed. The legal and engineering costs are to be paid by Mr. Arnold Nutter, the petioner. Mr. Zelinka so moved. Seconded by Mr. MCLean . Motion declared passed. Mr. Kulaszewicz reported on the meeting of the Personnel Commission held on October 4, 1978. The Commission had interviewed four persons to fill the postion of apart -time plice officer. The Personnel Commission had recommeded the employing of Mr. Kenneth Kjer, of Blaine. He is presently employed by the City of New Hope as a Patrolman and had also 174 October 10, 1978 indicated, that if the oportunity arose, he would consent to a full time position. Mr. Kulaszewicz moved to approve this recommendation. Seconded by Mr. Schneider. Motion declared passed. Chief Myhre was questioned on the number of hours and he said this would remain the same as before. Mr. Zelinka reported on the Park Board Meeting and asked the Council members if they had chosen three names from the list submitted by the children at the Lino Elementary School. On taking a poll of the Council, the majority of the members favored "City Hall Park ". Mr. Zelinka moved that "City Hall Park" be designated as the official name of the Park located on Main Street. Seconded by Mr. McLean. Motion decalred passed. Mr. Zelinka moved to award a placque to the children who suggested the name. The Clerk is to notify Mrs. Liljedahl of this decision. There is to be one placque presented to the shcool with all the names of the children enscribed with the reason why this placque was presented. The Clerk is to write a "Thank You" fetter for all the names usggested. The Park Board be authorized to spend approximately $15.00 for the placque. Seconded by Mr. McLean. Motion declared passed. Mr. Schneider said the copy machine must be repaired and therefore he has no financial report for this evening. Mr. Locher reported on the status of the MarDon Acres Plat. There are some changes that must be made on the plat before it can be signed. He had consulted with the developers on September 27, 1978 and had not heard from them as yet. Also, at that date, there had not been an approval from the Rice Creek Watershed District. There was discussion on the Privacy Data Act information that had been received. This law requires that one person be designated as responsible for the information. After some discussion, Mr. Zelinka moved that Mayor Karth be designated as the REsponsibility Authority. Seconded by Mr. McLean. Motion declared passed. Mr. Locher had checked the drainage and ponding agreement for Sunset Estates and said this is a private agreement and the City has no responsibility for the area. This is a copy of the agreement and for file purposes only. Under Old Business, the matter of a formula for Police Coverage was to be discussed. Because of the inability to make copies, this matter will be discussed at a later meeting. The levy had been approved at the last budget hearing for certification. This matter is to be ratified at this meeting. Mr. Schneider presented following figures. Assessed valuation of the City - 13,044,251; the amount levied - 220,369; this amount includedQ7,195,502 as the levy limit; 12,000 for Debt #1; and special levies of 24744.9. Based on this the approximate mill rate for 1979 will 16.89 mills as compared to 16.52 in 1978. Mr. Zelinka moved to ratify this certification. Seconded by Mr. Kulaszewicz. Motion declared passed.. The unfinished business list was checked, with no decision made on any of the items. This will be updated and consulted at the next meeting. The matter of the long term disability insurance was discussed. Chief Myhre said the applications had been forwarded to the insurance agent. There has not been any repay as of this date. 1 October 10, 1978 Cheif Myhre presented the problems with shooting in the Anoka County Park.In September the Police Department received 47 complaints concerned with shooting and 45 of the complaints dealt with sooting in the Anoka County Park. As an overall total for the year, there have been 100 complaints through the month of September. On the matter of the Park, the Clerk was asked to research the files for Council action on the ratification of the agreement with Anoka County on the establishment of the Chain of Lakes Regional Park. Mr. McLean presented some suggestions on the moving in of houses. He felt there should be a set of full drawings setting forth the total completion of the structure to conform to State and City coeds. Ord- inance #30 was discussed and what is required in that ordinance. Mr. McLean felt the provisions were there, but should be set forth in a more precise manner. Mr. Zelinka moved to request the Building Inspector to draw up a form requesting a set of plans and specifications, to include elevation, for all homes to be moved into the City and that no permits for moving in homes be issued until this form has been approved by Council action. Mayor Karth reminded the Council this is asking the Building INspector to perform a service of which there are no provision for his compensation. There was some discussion on this matter, with no decision. The motion was amended to include the authorization to consult with Mr. Locher and Mr. Gotwald if Mr. Mobley needed assistance. Seconded by Mr. MCLean. Motion declared passed. Mr. Schneider moved to approve requisitions #863 through and including #865. Seconded by Mr. McLean. Motion declared passed. Mr. McLean moved to approve Checks #9133 through and including #9177, with 9133, 9154 & 9168 being void. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to adjourn at 10:55 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were approved with corrections at the October 23, 1978 meeting. Edna L. Sarner, Clerk -Tres.