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HomeMy WebLinkAbout10/19/1972 Council Minutes1 1 10 -24 -72 in writing from Loosen P l urpb i ng and Heating that they w i l l take care of the damage cost done to the pumphouse is received. Seconded by Mr. Zelinka. Motion carried with Mr. Marier voting no. The Cohncil then considered the final acceptance recommendations for the sewer and water mains. Mr. Locher reminded the Council they must have plans for hauling the waste and some plans for billing. Mr. Cardinal said this was true but that we can't hold back on the payment just because we don't have plans for handling the system. Mr. Marier said he had some questions as to what was put into the system and he moved to table the acceptance until the next meeting. Seconded by Mr. Zelinka. Motion carried with Mr. CArdinal voting No. All plans for handling the system must be ready for the next meeting. The Clerk was asked to contact Mr. Carlson, who is doing the hauling now, and ask him to appear at our next meeting and to bring a sampling of his billings for the hauling service. Mr. Tom Melcher appeared before the Council with a complaint in regards to Mr. Boyd, Plumbing inspector. His plumbing system passed the first, but did not pass the second test, and had been red tagged by Mr. Boyd. There was much discussion on his problem and as to the probable cause. Mr. Marier moved to waive the 10 day compliance on the red tag and to have Mr. Boyd and Mr. Melchor at the next meeting in order to resolve their differences. Seconded by Mr. CArdinal. Motion Carried. Mr. Marier questioned the requisitions for plugs, points and condensers for the Police Cars and the truck. He would have the Clerk check and see when the last ones were bought for these vehicles. Mr. Marier moved to hold the requisitions for plugs, points, and condensers for Vehicles #200 -300- 302. Mr. CArdinal seconded. Motion carried. Mr. Zelinka moved to have Mr. Backlin get two written bids for 64th Street. Mr. Marier seconded. Motion carried. Mr. Cardinal moved to approve requisitions No. 149 thru 153 and $156. Mr. Zelinka seconded. Motion Carried. Mr. CArdinal moved to approve the bills #4471 thru #4797 inclusive. Mr. Zelinka seconded. Motion Carried. Mr. Marier moved to adjourn at 1 1 :00 P. M. Mr. Cardinal seconded. Aye. CMinutes approved at November 13 , 1972 meeting. -�� Clerk-Treasurer October 19, 1972 The special assessment hearing for U. S. Lakes Development Company was called to order at 8:10 P. M. by Mayor Bohjanen. Turstees present Marier and Zelinka. Absent were Mr. Cardinal and Mr. Jaworski. Attorney Locher, Mr. Gottwald, Mr. Carley, Mr. Springsted were IIIalso present. Mr. Dielentheis and Mr. Busch represented U. S. Lakes Development Company. Mr. Locher read the notices of publications and mailing. Mr. Bohjanen asked Mr. Marier to read the recommendations from the P. & Z Board. "Mr. Kelling moved that the Planning and Zoning Commission recommend to the Council that the two applications for variance to our Zoning Code presented by U. S. Lakes Development ) 10 -19 -72 to be accepted provided that U. S. Lakes revises their applications as follows: 1. Both applications be revised to provide for R I Zoning on all lands covered in the two applications. 2. Delete all open space or park proposal from the two applications. 3. The platting be revised to utilize those areas that were designated as open space. 4. Revise East Shadow Lake Drive to suggested layout provided by U. S. Lakes. 5. The development and sale of lots be restricted to 75 -80% of the presently serviced areas before proceeding to platted areas requiring extension of services. Seconded by Mr. Shea ren . Carried with Mr. Nadeau voting no, as he didn't understand every aspect. Mr. Kelling moved secondly that the P &Z Commission recommend to the Council that they develop an open space or park proposal that will also provide public assess of Reshnau Lake and that this proposal be presented to U. S. Lakes. U. S. Lakes after negotiation, wi l l provide lands in their development to support this proposal in a quantity related to their 10% requirement under our ordinances. Seconded by Mr. Karth, Motion carried unanimously." Mr. Gotwald said he had not had time to look at the latest drawing. His report was on the first c cncept. He would need more time to look at the newer map. Mr. Locher read the law pertaining to the park area - -a reasonably portion may be developed and dedicated to the public as a park - or an equal amount in cash in proportion to the undeveloped land may be paid, this money to be used for park purposes. This must also take into consideration the land that is used as a common area for the residents. Mr. Carley reported that all he needs to know is which plat to compute the assessment against. A l l he really needs is the total number of Tots to charge the special assessment against. He said that there is no problem in doing this. Mr. Marier said that we didn't know what the final would be. Mr. Marier explained the concept of the parks from the map. He suggested that the Council delay any decision until the plans are all in. 1 Mr. Bohjanen asked about certification of the special assessments to the Auditor's Office. Mr. Locher said the certifications were supposed to be in by October 24th, but he thought it was possible to get an extension. He would try. Mr. Busch explained that the new map was exactly the same as the one the Planner and Engineer has had for a couple of weeks. That the new map only shows how the new plat will fit into the overall plan of the development. He then went over the P &Z Boards recommendations, stating that these are things that are not concerned with the platting but with the mechanics of the area. The only two things in question are the relocation of one street and the usage of the land now proposed for open space, and these things are not connected with the approval of the plat #3. Mr. Gotwald said that the 2nd drawing was basically the same as the first - -the new map just shows how the plat fits into the overall picture. Mr. Radcliff from the audience said that not a single resident was in favor of this new planning. Didn't the residents have some rights? and wouldn't their objections carry any weight? Mr. Borovansky said he felt that Mr. Marier's implication was that it was not approved, but that Mr. Busch seems to feel that it was approved. 1 1 1 1 JI 10 -19 -72 Mr. Marier explained his position. The P &Z worked with what they had. There are five recommendations from the Planner and three from the Engineer. Mr. Bohjanen asked Mr. Busch about the five recommendations from the P &Z, Mr. Busch replied that #1 - the company is agreeable to all R 1 zoning; #2 & #3 - if the Council approved these recommendations, then this is fine with U. S. Lakes; #4 - they agree to the revision of East Shadow Lake Drive; #5 - This is agreeable also. Mrs. Borovansky asked if they take out the buffer zone then what will be done with this land = will there be more homes in the area - just how will this land be used? Mr. Busch tried to explain but Mr. Marier interrupted and said that he had given f'ris recommendations and felt that Mr. Busch was out of order. Mr. Busch said these are only plans and deal only with the mechanics of the plat, not the basic platting. Mr. Marier said these things should be dealt with by the Planner and Engineer and felt that the floor should be opened for questions. Mrs. Borovansky said she felt that her question had not been answered. Is this the only plan that they can look at - isnt there a counter proposal? How many other homes will be put in this buffer zone? Mr. Busch explain -d that these plans are not the Company's but are from the P8Z. The Company would prefer to leave the park area of about 13 acres of land. If this is removed from the buffer zone then the streets wi I I be redesigned and there will be about 18 more lots. Mr. Zelinka asked why the P &Z eliminated the green area? What was their thinking on this? Mr. Marier replied that the P &Z felt that the buffer zone did nothing to enhance the entire community and they had considered the cost of maintainance. IMr. Marier then announced that he was leaving the meeting, that he had presented his report and he felt that when the Council was ready to work as a Council and not be ruled by a developer then he would return. Mr. Marier teft the Council Chambers at 8:55 P. M. Since two Councilmen were absent, there was not a quorum left therefore no legal action could be taken. IMr. Bohjanen suggested that we continue the meeting as an informative meeting. Mr. Johnson said that he had bought his house because it was on the golf course, because of the Country Club, the beach, the marina, in short he had bought a package and know they had none of these things and if this plat is approved then they will not have a golf course. He felt that he had been taken. Mr. Busch said he had no answer for a question of that sort put in such an argumanative manner Platt #3 is an answer to moving forward. Also the residents' problems are with the Company and is a private matter not be handled at a meeting such as this. This area was re- designed to meet the cost of assessment. Mr. Zelinka wanted to clear the record on the way he felt. He has not made up his mind and he doesn't make up his mind until he had all the facts. His questions to Mr. Marier were merely to get more information. Mr. Busch said the Company was agreeable to setting up another meeting at any date convenient with the Council. It is mandatory that this be done as soon as possi ble if it is to be put on the tax rolls for 1973. Also they cannot build model homes until the plat is approved. Since there is about 90 days from start to finish on a home, this put their showing of models off until sometime in February. 58 10 -19 -72 There was discussion on the assessment per lot. Mr. Gotwald said the original figure of 2500 was based on a certain number of single family homes, townhouses and multiple dwellings - in other words so much per living unit. He then explained the dealys and setbacks that have occured in the past in that area. There would be no problem in extending the water and sewer laterals to include a larger area as they were designed for just that purpose. Actually the lines would work better if there was more waste flowage in them. Mr. Benson said he thought that the pumping in fromt of his house was to be halted before this. Mr. Gotwald said that the Metro Sewer or The Village will be responsible for the pumping and it will be done at the lift station and at the present time the street is being paved so that it will be passible all year round. The pumping should halt in a week to 10 days. Mr. Johnson asked if the assessments could not be billed to the future owners? That an extra 1300 would not have stopped him from buying his home. 1 Mr. Busch said that extra charges such as this are a deterant to the selling of homes and the Company likes to have such charges on homes that are sold in the volume that these are to be i n . Mr. Jaworski arrived at 9:20 P. M. Mr. Locher suggested that the meeting be continued to a later date. He also reported that there is enough money to pay the interest for next year if we don't get the special assessments on the tax rolls. Mr. Bohjanen said that the statement to the arffect that "our minds were made up" was untrue and that he has never leaned toward the developer. Also the Village cannot get involved in the buyer -- seller conflict. He hopes the Company and the residents can get together and solve their differences apart from the Village. Mrs. Johnson asked why not put the green area back into a golf course as long as the P &Z recommended deleting it? Mr. Busch said there isn't room enough in the area a I I oted for the buffer zone - that it isn't wide encough. Mr. Bohjanen suggested having the meeting continued until 7:30 P. M. Oct. 24, 1972. Mr. Gotwald thought that a meeting without the P &Z members was useless. Mr. Zelinka moved to continue the special assessment hearing of U. S. Lakes Development Company until 7:15 P. M., October 24, 1972, prior to the regular Council Meeting in order to act on the recommendations of the P &Z. Also the Planner and Mr. McLean, P &Z Board Chairman is to be present. Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka asked about removing the buffer zone. Mr. Busch said that the overall Park was preferred and they were concerned about motorized vehicles such as mini =bikes and snow- mobiles in hte area. Mr. Buxch presented a map of t -e planting of the area. Mr. Benson asked why the Council would not listen to Mr. Marier, one of their own members, but would listen to the ramblings of Mr. Busch? Mr. Zelinka answered that he didn't "NOT" listen to Mr. Marier, but that he had not understood and was trying to get the information he needed. We do not lean to one side or the other - but must make our decision on the information input and in consideration of the entire Vi l lage. 10 -19 -72 Mr. Benson asked if the decision on Tuesday is for the plat - is it final? Can it be appealed? Mr. Locher said the assessment could be appealed if the residents were paying them but in this case the builder is paying so there is no appeal in that area. They can appeal the plat on charges of capriciousness but that was a pretty difficult charge to prove. Mr. Locher pointed out that his quarrel is with the Company and not with the Village. The meeting broke up about 10:00 P.M. with many people still carrying their conversation to the members of the Council that were present. 11 -9 -72 A special meeting of the Lino Lakes Village Council to certify the ballots was called to order at 7:45 P. M. on November 9, 1972, by Mayor Bohjanen. Councilmen present: Cardinal, Jaworski, and Zelinka. Absent: Marier. The clerk read the election results as fol lows: For President McGovern & Sh r i ve r 618 Nixon & Agnew 495 Schmitz &Anderson 19 Spock & Hobson 3 R. Jaworski 1 Blank or defective ballots 14 For U. S. Senate Walter Mondale Phil Hanson Karl H. Heck Blank or defective ballots 702 437 8 3 U. S. Representative in Congress John A Blatnik 842 Edward Johnson 293 Blank or Defective ballots 15 Public Service Commissioner Karl F . Rolvaag P. Kenneth Peterson Blank or defective ballots 753 387 10 Associate Justice Supreme Court C. Donald Peterson 1000 Blank or defective ballots 150 Associate Justice of Supreme Court Fallon Kelly 970 Blank or defective ballots 180 Senator - Legislature, 49th District Beverly N. Braun 431 Johm Milton 664 Blank or defective ballots 54 Representative in Legislature 49A Dist. Gary Gallagher 526 Vince Lombardi 584 Blank or defective ballots 39 Judge of County Court James T. Knutson 986 Blank or defectibe ballots 163 Joseph Wargo 914 Blank or defective ballots 235 County Commissioner, 3rd Districe Robert C. Burman 1006 Aj Ross 1 Blank or defective ballots 142 Supervisor Soil and Frank A. Anderson Harlan ERickson Walter Prachar Al Ross Art Hawkins Pete Nadeau Bruce Fleming John Popham Blank or defective Water Cons Dist. 939 2 1 3 1 24 2 ballots 191