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HomeMy WebLinkAbout07/09/1973 Council Minutesti 1 July 9, 1973 Lino Lakes Village Council meeting of July 9, 1973 called to order at 8:00 P.M. Jaworski, Zelinka, Cardinal, Marier, Bohjanen all present. Attorney Locher also present. Correction of minutes of June 25 were noted on page 8, paragraph 1, where typographical error of word "are #2" changed to read "area #2 ". Cardinal moved minutes be accepted as corrected, seconded by Zelinka. Motion carried. Special minutes of July 3rd were corrected in the last paragraph page 2 by adding "Jaworski abstained from voting." Zelinka moved minutes be accepted as corrected, Marier seconded, motion carried with Cardinal abstaining from voting. Moved by Zelinka to approve minutes of June 28, seconded by Marier. Motion carried, with Cardinal abstaining. Report from Fire Marshall Jim Livingston covering period from Feb. 1, to July 1, 1973 was read. Eleven special use permits wer attached to the report. We have a request from St. Joseph's for a beer permit on August 12 for annual festival. Moved by Jaworski to grant permit, seconded by Marier. Motion carried. Mr. Jaworski moved to amend the motion to include a bingo permit for November 18, 1973. Seconded by Marier. Motion carried. Cardinal reported several members of the Lino Lakes Athletic Assoc. were present with a subject to bring before the Counci 1. Al Thies acted as spokesman for the group, stating they were trying to organize to have more help than the 3 or 4 men who had worked the previous summer in baseball- "this year we have another field and one that the school put up, we now have about 25 teams and we need more help. We have approx. 50 members who have paid their dues into the organization and what we would like to do we have been to the park board already and asked their help, now we need your help. We have taken in everyone who wanted to, most of the information has been handed out through the schools, but its hard to get enough help. Columbus has also organized the rest of the member- ship is from this immediate area. Tonight we cancelled the game because we wanted to have quite a few members here. All of the fields are used every night during the week, even on Sunday, they have been used for picnics and we are getting a lot of use out of these fields. The fields are kept well and we think you are cooperating but our organization is new and we don't know exactly what we are doing and the help that you can give us will help us to give these kids more. We are running a raffle so we can be independent we have a beef sale, and we want to make enough money to incorporation. At the park board we asked for a few things like volley ball nets and this is for the women. They will handle girls volley ball this fall and we have also some hockey nuts in this organiza- tion. On this I would help and we are wondering Mr. Cardinal, how the park board meeting came out. Mr. Cardinal -- "The ball diamond you have asked for was approved -Ivan may have done some grading, but we did authorize the purchase of the 2 July 9, 1973 lime for the diamond again. We did not do anything on the hockey rink yet hut there were some questions on this, questions about who was playing, if they were already in an organization, were not, and I can't answer that question. We have not yet received the entire rink prices. I have not received a price yet on the lumber from Houle. Did you hear ?" Mr. Thies - "No, I have not heard since last meeting. How about the volley ball courts ?" Mr. Cardinal - "We need the size of the pipes. Roy is on vacation and I told him all we needed for the volley ball court was 8 pipes, that you were supplying the nets etc." Mr. Zelinka- "Has there been any recommendation from the park board? Have they seen the plans yet ?" Mr. Cardinal - "No we have no recommendation on that, I don't think the park board has seen this." Mr. Jaworski - "Before we submit requisitions for equipment, I think this plan should be submitted to the park board and get their recommendation." Mr. Cardinal - "I don't know if any of the park board members saw this be- fore the last meeting. Frank Resch (question addressed to man in audience) did you see the proposal drawn up by the athletic assoc. Mr. Frank Resch - "It was submitted after the last meeting, so they haven't had a chance to see it." Mr. Marier - "We can discuss this further after the park board sees it. Are we going to get into conflicting interests with'Forest Lake ?" Audience -We have been coordinating with Stan Peterson, the same guys participated last year. We had to put up our own help. Stan Peterson is in charge -this is the Community School Rec. Assn. Mr. Bohjanen - "This should go to the park board first." Mr. Marier - "Since this is a total program including women, and the schools will be open for this program, it would be to your advantage to coordinate with them." Mr. Thies - "We would also like to know if it is possible to have satellite units for use for these rec. areas? Most of the time the units are locked up." -Mr. Marier-"We would have to have a requisition submitted and again it would have to go through the park board." Mr. Cardinal - "W can't leave buildings open, we have even had water fountains stolen." Mr. Bohjanen - "Take it up with your park board will you please." Mr. Cardinal - "Okay." 1 1 1 1 1 1 July 9, 1973 Mr. Zelinka- "Also get some cost figures on the stitellites." Mr. Bohjanen - "I would suggest that your assoc. get together again with the park board and bring it up again at the next meeting." Mr. Cardinal - "I will not be able to be at the next park board meeting - the chairman will not be there either." Mr. Marier - "One of us can go in your place." Mr. Bohjanen - "Could you move it to another date." Mr. Cardinal - "Will check it out, maybe we can do it the end of this week." Leroy Houle from the audience stated he had checked with Wheeler Lbr. & Bridge Co. full size of the rink would run about $2,500.00 for material only. These were 2 x 10's- figured at 12' lengths. Mr. Marier - "How many posts do you need ?" Mr. Houle - "I don't remember:" Mr. Cardinal - "The park board will look at your overall plan submitted and make a recommendation to the council." Audience - "We already met with them." Mr. Cardinal - "We still have to go over your plan -where you plan to have each function and that plan was submitted after we had the last meeting." Mr. Cardinal - "The rest of the park board members should see your plan and make a recommendation to the council the clerk has your plan." Mr. Thies - "Can the clerk send the plan to the park board." Mr. Cardinal - "I suppose so, unless they want to come in individually and look it over here. I will contact the members and find out if we can meet before the next meeting was scheduled." Mr. Bohjanen - "Review the plan at your meeting and then bring it up to us." Mr. Marier - "Why don't you submit your entire plan with all your ideas to the park board and do it by letter ?" Audience - "Could we use the lavatories in the buildings and have them kept open ?" Mr. Bohjanen - "This should also be part of your presentation to the park board." Mr. Cardinal - "They have not seen your plan and we will also need some figures. We cannot put in a blanket request -we need to know how much and where. Put this all in one package, whatever you are asking for, and review the whdle thing so it can be passed on to the Council." July 9, 1973 Mr. Zelinka - "If $2,500.00 is just money for material, it certainly behooves you to have two additional bids on this matter. The law says the village must have 3 bids." Mr. Jaworski - "The other two we built were around 2,400 to 2,800 with lights." Audience - "Who put in the rinks on Sunset ?" Mr. Jaworski - "The village did." Audience - "Who submitted the bids." Mr. Jaworski - "The park board did but you have all different members on that board now." Mr. Zelinka-"If it goes over 5,000 you will need not only bids but publication." Mr. Thies - Thanked Mr. Cardinal for his efforts and stated they would prepare the necessary material to submit to the park board. LOCHER REPORTS ON BLUE HERON APPLICATION "I have checked over the application form, the bond is in order in the amount of 5,000 as required, this does state "on and off " - actually you require only "on" for 5,000. Do you also have an application in for 3.2? Mr. Thayer (answer yes) I don't know what the law will be on this. The insurance is in order,, property damage of 10,000- ordinance requires only 10 and 25 the certificate of insurance states the company will-mail written notice of cancellation to the village 10 days prior to any term- ination. Minnesota liquor ordinance-requirements is 50,000 this amount is adequate he has 100,00 and damage for property of 20,000. This app - location is for Stanley Thayer at Blue Heron "on sale for intoxicating liquor license was paid June 26, 1973, permit to hold dances was paid June 26 off sale on non intoxicating liquor of $5.00 was paid June 26. Mr. Jaworski - "An article in the paper last Sunday stated an opinion from the Attorney General's office said a place serves food as prime business then liquor is the .re only as convience to those eating - -can we legally give a Sunday liquor license ?' Mr. Locher - "This is being looked at now in St. Paul. There is a lot of opposition to this position taken, I did at one time check with the Attorney Generals office or liquor control office -and they deemed a sand- wich machine sufficient to qualify for food. I don't think it has been enforced -and I don't know what is happening in St. Paul." Mr. Jaworski - "According to this article, it was his opinion that a micro wave oven was not sufficient to qualify an establishment as a rest- aurant for a Sunday liquor license because a food establishment has a menu. Also that the food must be served not only on Sunday, but also other days. Mr. Locher - "I did not see the article. I think you will need uniform enforcement and leavetthis up to the liquor control office to make an opinion. 1 1 1 1 1 1 July 9, 1973 Mr. Jaworski - "The Attorney General's office was defining what was a restaurant and what was not in order to qualify for a Sunday liquor license, but it was up to local councils to make this -determination whether it was a restaurant." Mr. Marier - "The liquor should enhance the food and not the other way around. You have liquor in an establishment where you sell a high grade of food to enhance the food. I think that was also in the opinion." Mr. Bohjanen - "In other words, we need to find what is a food establish- ment." Mr. Marier - "I believe the word is stated as restaurant." Attorney for Thayer - "Sometimes the terminology gets mixed up, but I know of no opinion that has closed an establishment in the state of Minn. The present state law allows a person to be open on Sunday, the license has been paid for, the insurance is in order and all re- quirements of your ordinance has been met, so until such time as the councils, or the Attorney Generals office would state otherwise, it does not appear there is any basis for denying the license. It might change tomorrow but there is no such condition existing today." Mr. Marier - "I think we are trying to get clarification from the counci Mr. Locher -Read the state law pertaining to Sunday sales. Mr. Marier - "As I hear it, the main subject we are talking about is whether or not this is a restaurant mainly serving food on Sunday or during the week, so that he can have a Sunday license." Mr..Locher -Read an opinion issued by the Attorney :General's office dated August 7, 1967 on serving food. Mr. Jaworski'-"Do you have that ability, Mr. Thayer ?" Mr. Thayer - "Yes." Mr. Jaworski - "We already have three other establishments open on Sun- day. I would suggest then to avoid any%conflicts that we go ahead with the Sunday liquor, but take it one step further and get a written Attorney General opinion to clarify the law for us. At the time we get this opinion then we should get the owners together and take up this issue with each individually. The law is there it should be ob- served." Mr. Marier - "I would move this be investigated. An opinion handed down and we will abide by that opinion so there is no question in anyones mind as to what will be done." Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka - "I believe there was a question on residency and Ron Jaworski has here the minutes of March 22, 1972 where this was defined." July 9, 1973 Mr. Locher - "I might state first that you have no definition in your ordinance. (Mr. Locher read the opinion taken from the above minutes.) Mr. Marier- "That certainly sounds to me like a clear understanding of what a residency is." Mr. Jaworski - "As I recall this situation, I believe we did ask Mr. Thayer to establish a room." Nr. Locher - "He has done so, I have the affidavit of residency." Mr. Locher also read the statute by the state referring to residency. can't find any requirement that he even needs to be a resident of Minn. It is not defined in your ordinance at all." (Discussion between Mr. Marier and Mr. Locher concerning definition of residency vs. domicile) Mr. Marier - "The residency as I see it means the person must live in Lino Lakes. I am sure that is the intent." Mr. Locher - "I think the best way to resolve it before the end of this year and issuing new license is to have the council appoint a committee to come up with a recommendation of "what is a resident." Mr. Jaworski - "Apparently for the moment we disagree with the present interpretation, but the motion made a year ago June would have to hold becuase that is the logical basis on which application have been made." Mr. Marier - "I will make a motion that the meaning of residency means living in Lino Lakes." Mr. Cardinal seconded the motion. Mr. Jaworski - "What do you mean be living in Lino Lakes ?" Mr. Marier - "That means staying here." Mr. Jaworski - "The only question in my mind, then we have already issued one other license that would be questionable." Mr. Marier - "We can question them any time. We can bring them back in any time." Mr. Jaworski - "But the license was issued." Mr. Cardinal - "I think that was the intent of any motions a year ago." Mr. Locher - "At the present time I understand Mr. Thayer is not the only one in this situation, you have already issued a license to another person with the exact same qualifications as Mr. Thayer. I would question whether you can discriminate and not issue a license to Mr. Thayer has complied with each and every regulation you have required." 1 July 9, 1973 Mr. Marier - "In answer to that question we passed on the license pre- viously to this one, and was each one questioned as to what status they were as far as residency there is no intent to discriminate against anyone, this is for understanding the ordinance." Mr. Locher - (Cautioned council again on possible charges of discrim- ination and referred to a case in Vadnias Heights where it had happened.) Mr. Marier - "I am still asking what is a resident ?" Question from audience asked if Mr. Thayer was a taxpayer? Answer yes and they are high too. Mr. Marier - "I call for the question. Motion carried with Mr. Zelinka voting no. Mr. Jaworski - "On that basis I will move we issue Mr. Thayer an on sale liquor license, list all Sunday liquor license 3.2 off sale etc. Mr. Marier seconded. Motion carried. Mr. Marier- Questioned if "bar and restaurant" was legal name for the Blue Heron. Moved the words bar and restaurant be striken and the name remain as "Blue Heron." Mr. Jaworski - "I think we need to take a look at our liquor ordinance and establish within the ordinance itslef what we consider as a resident of Lino Lakes, if he lives in his own home here, if he rents, how many days he spends here, weekends or whatever - referenced March 22, 1972....1 think it is to much of a hardship for the council to go through this hassle every two years, and I think it should be so clarified in the ordinance that it is beyond question, make it an ordinance definition so this refers to any business not just liquor so I would move we follow the attorneys advice, establish a committee to define "residency" and other requirements." Mr. Cardinal-"Do you want .a committee or the attorney." Mr. Jaworski - "The committee can be the attorney." Mr. Cardinal - "On that basis I will second the motion." Mr. Zelinka- "You can amend this to say the council will appointe a committee and the member or members be chosed subsequently." Mr. Cardinal - "I second Dick's amendment." On the vote Mr. Mareir no. Motion carried. Mr. Marier - "Who will be the committee ?" Mr. Locher - "I think this should be appointed by your Mayor, ordinance #20, article 216, 8/26/57, also the bond is to the Blue Heron Club, the insurance is to Stanley Thayer dba, Blue Heron, the application merely says Blue Heron, the on sale Sunday Shows ".pple Inn or Blue Heron, and the 3.2 is just Blue Heron." 168 July 9, 1973 Mr. Bohjanen - "Do you object to dropping "restaurant and bar" in your affidavit ?" Attorney for Mr. Thayer - "We will strike it and initial right now." Mr. Jaworski - "Would move to have this committee appointed as soon as possible so this can be done before the end of the year. Marier second Motion carried. Mr. Bohjanen - "I will have a committee by the end of the week." MR. JAWORSKI REPORT I checked Peltier Drive tonight, and talked to the engineer this morning, whether we are on somebody's private property, the road was properly staked, they did follow the stakes and the property in question is not being encroached upon because we do have a 66' right of way and we can go another 20 or 30'. Mr. Cardinal- "Toward the lake ?" Mr. Jaworski - "No the other side, we might have some dirt on his property, but we will remove that. I do agree the sloping wasn't quite proper. The engineer was out checking roads last week and thinks they are a lot better than he thought they would be. The weeds are being cut. I also would like to have the Personnel Committee look at this letter from the county. I would have the clerk write the county if there is money available for putting people to work we would get 871% and 121% to make up 100% wages, and if that money is available to us for putting people to work (read from letter) would like to have the Personnel Commission look into this." Mr. Zelinka - "I think that $30,000.00 is for Anoka, $726.00 would be the portion for Lino Lakes. We would have to match the $726.00 with another $90.00 or so." Mr. Cardinal - "l have a question on Peltier Drive. It is much better, but in this area are they going to leave that flat area coming out from the road? There is about 5" of gravel and those piles of black dirt, then just slope this area or slope the whole road area, it almost looks like a parking area off the road." Mr. Jaworski - "I would guess they would not leave that much dirt." Mr. Cardinal - "I think Roy should contact Mr. Theis or are they through? And they should make some agreement how he would like to have that area spread out." Mr. Jaworski - "As soon as Roy gets back from vacation will have him go over there. Another item, if you will recall at our last meeting I asked a question on the legality of meetings called without proper notification. I would like to call the Councils attention to an article in the Forest Lake paper about the Forest Lake Council firing their Park Board without first giving public notice of the meeting, and according to an opinion handed down by the Attorney July 9, 1973 General's office, members of a council calling a meeting without proper notice are subject to a $100 fine and any village resident can institute such charges against officials. I think we should be cautious about having meetings in the future without proper notice." Mr. Bohjanen - "I have already talked to the attorney about this, I felt that we owed the man at least an explanation, that was why we called the meeting." Mr. Jaworski - "About a week before this, there was something from the Attorney General's office, something to the effect that emergency meetings must be defined." Mr. Locher - "This is a very muddy area, also "adequate notice" needs some clarification." Mr. Jaworski - "Just thought I would bring this up because I don't think any of us have $100 to spare for that sort of thing." Mr. Locher - "The meeting called did comply with your ordinance, then it becomes a question of whether the State has the right to usurp Council's opinion. I know of no new opinions since last year, but will be glad to check on it." MR. MARIER REPORT P& Z did not have a meeting prior to this one. We will probably meet next week. I did attend an Open Space meeting with Torgelson and also Open Space committee of Lino Lakes. Our resolution that we had written up from the committee to Anoka, and when it was rewritten. The way the resolution was rewritten'meant nothing and we asked they review again our resolution as it stands. The question also came up whether guidelines set by Lino Lakes Open Space Committee and the County were being followed. There seemed to be some question about Chomonix Golf Course. It was Mr. Torkildson 's opinion that Anoka would like to buy this but would not unless Lino Lakes was interested in taking it over and think at this time it would be quite costly, and take away too much area from the development. He had talked to several people in Lino Lakes about being interested and I guess it was their feeling there was some interest in this. As a councilman I am not aware of this, and I told him so, so we sent him back to bring up to the two committees our proposal and agreement and guidelines and to report back. We are not going to deviate anymore. I think a council letter with the mayor's signature should be sent to the Park Board, we would like to have them negotiate with us in good faith, review our proposal and also our resalution. I would like to make this a motion. Mr. Cardinal - "I'll second. Motion carried. Mr. Marier - "I would also like to thank the mayor for my invitation to the flag raising. I got mine on the 6th of July." Mr. Bohjanen - "They were all put in the boxes at the same time." 110 July 9, 1973 Mr. Cardinal "That is when I got mine too..0 Mr. Jaworski - "On the discussion of that golf course, did the gentle- man from the county at any time mention what the cost would be to Lino Lakes, or is this something the county would but and then turn it over to us ?" Mr. Marier - "I think you have an evaluation to deal with and it was really not clear to me exactly what he wanted to do. I hope no one on the council is negotiating on this without notifying everyone." Mr. Zelinka - "I am certainly not negotiating with anyone, but I have looked into this, I talked with the golf pro at Coon Rapids to find out if it would be economically feasible." Mr. Marier - "However, I would think this would fall out of your jurisdiction." Mr. Zelinka - "This is a village matter. I was trying to find out if other villages have like situations and how much can be made from it. If you are really interested in the economics of this village, why don't you find out if this situation will pay, and make your recom- mendation." Mr. Marier - "If the council wishes me to do this, I will." Mr. Zelinka - "I would like to make a motion to have the Council appoint you to look into this at the meeting of the liason where we were both present. Mr. Torkildson pointed out the county would like to consider buying it and then turn it over to the village as part of the green area." Mr. Bohjanen amended the motion to include Mr. Zelinka and Mr. Jaworski on the committee with Mr. Marier. Motion seconded by Mr. Cardinal. Carried. Mr. Cardinal reported that Mr. Vern Anderson on Birch Street, had called about an garage that he would like to put up and fill for his drive- way. Mr. Cardinal told him he had to appear before the P &Z. Mr. Marier ppt him on the agenda for 9:00 P.M. on August 15th. Mr. Cardinal will contact him. Mr. Zelinka reported there had been no meeting on the Environmental Committee or Personnel Commission. He still does not have applications from the Police Dept. for review. Mr. Myhre submitted the name of Cliff Ross, Jr. and Mr. Zelinka felt that there should be more than one applicant to call a meeting. Mr. Zelinka asked Mr. Myhre why there were no other recommendations for the Personnel Commission. Mr. Myhre said this was the only applicant that had enough experience to take over the day shift. 1 1 1 July 9, 1973 Mr. Zelinka suggested talbing him for a month. Mr. Marier so moved. Mr. Cardinal seconded. Motion carried. Mr. Zelinka also made note of the fact that equipment issued to previous police officer has been refused toturn in. We have aksed the attorney to contact this man. Mr. Locher said he has moved he has been unable to get in contact with him. He also will check with the State Crime Commission on retention of police property. Mr. Zelinka reported that at the next Personnel Commission meeting when they review the new application forms these will also include drivers license information which we do not have on present and past police officers. Mr. Bohjanen said that Mr. Heller had called about a fence blocking a road way. The fence had been installed by Mr. Caron to hold his cattle. Mr. Locher said that the Clerk had found a record that showed this to be a village road established years ago. This road cannot be legally blocked and the police should contact the owner and inform him. However, there is a question whether the street was abonded by the Village. He didn't know if this road had ever been maintained. Mr. Cardinal said he thought it should be taken down. Maybe the minutes would show quicker if this was a village street then having the clerk check back through old records. Mr. Locher reported that he had sent a copy of Ord. 57B to Mr. Doughterty but not heard from him. Mr. Zelinka moved to table till next meeting and instruct Mr. Locher to contact by phone or letter. Seconded by Mr. Jaworski. Motion carried. Mr. Locher reported that he had been unab -le to contact the Minnesota Pipe Line Co. He will continue to try and report at the next meeting. Mr. Locher reported that he had reviewed the temporary bonds with Springsted's representative and they recommended to let the bonds run there course. Mr. Marier said he thought we wanted to pay them off not redeem them. Mr. Locher sad the bonds would have to be paid off by some sort of special assement or out of village funds. Mr. Marier said that there should not be any special assessments except against the developer. He has not lived up to any part of his agreement and I think we should move in and get them paid off by the developer. I think the Council should meet on this one special item to figure out how we can meet this obligation. Mr. Bohjanen suggested July 25th, 1973 at 8:00 P.M. for the special meeting with the fiscal agent, the attorney, and Mr. Jandric present. Mr. Locher reported on the N.S.P. Ord. and read a letter from Mayor July 9, 1973 nee of Coon Rapids on establishing gas rates from North Central. There was discussion on this Ord. and how it will affect our Village. Mr. Zelinka moved to table till the next regular meeting. Seconded by Mr. Jaworski. Motion carried. Mr. Locher had heard nothing on the Birch Woods Hills case but the Bruder case is set for pre -trial on Monday July 16, 1973 in Blaine. There wag discussion on the fact that J &W is no longer serving many people of the village. Mr. Locher suggested that the Council consider scavenger license for future village regulations. Mr. Locher had contacted the Attorney General's office on the For -Jay site. They will not issue opinions that do not have state wide impact. The people he was able to contact concured that this was an agriculture use. Mr. Marier moved to table this until we get more information. Seconded by Mr. Cardinal. Motion carried with Mr. Zelinka abstaining. Mr. Locher reported on the lots in Nordin Manor that the Village was interested in pertaining. Mr. Julkowski wants $600.00 for his lot and there are back taxes of $175.32, abstract would cost $75.00 and state stamps $2.00. Mr. Hausland owns the other lot. These men are not interested in trading. Mr. Jaworski asked that this be tabled until the next meeting and he would try to have a recommendation. Mr. Bohjanen said that Mr. Gotwald had a death in the family but that he will be writing a letter on the feasibility study. Mr. Zelinka asked that if any decision had been made on the property adjoining Mr. LeVaussers and the fence since the-permanent stakes had been put in. Mr. Bohjanen had said no, but he would like to get together with the Council to straighten out the lines. Mr. Locher said if he maintained this for 15 years he can keep this. Under old business Mr. Zelinka asked about the removal of junk cars Mr. Myhre said that most of them are taken care of. The ones left are the same trouble makers weve had for long time. There has been no response from Mr. Anderson and two cases are coming up in court. New business Mr. Myhre reported that he was having a problem with requisitions. Requistions being approved without his signature. He suggested another line for his signature. Mr. Cardinal moved to approve requisitions NO. #270, 271, 275, 276, s 277. Seconded by Mr. Zelinka. Motion carried. Mr. Cardinal moved to pay bills no. #5213 -5230 inclusive. Seconded by Mr. Jaworski. Motion carried. Motion made to adjourn at 11:00 P.M. AYE. Minutes taken by Mrs. Zelinka. Minutes approved at July 23, 1973 meeting Clerk- Treasure