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HomeMy WebLinkAbout09/24/1973 Council Minutes1 1 1 199 Sept. 10, 1973 Mr. Bohjanen s a i d tkaat he would not order the Flag taken down. I f Mr. Jaworski wanted the Flag to fly only during office hours he would have to issue the orders. Under new business, the planned use report for- the Federal Revenue Sharing funds that wi I I be received for- the fiscal year July 1973 through June 1974 was discussed. The V i I lage w i I I receive approximately $28,755.00. It was decided to put $3000.00 into expanded service for public safety, and the remainder in general goverment using 60% for construction and 40% for equipment. Some of things discussed was a storage bui Iding for Vi 1 lage equipment, a new patrol car for the Pol ice department, new tractor for the Parks, full time personnel for the Pol ice department and full time office help. There were no requisitions to consider. Mr. Cardinal moved to pay bills #5305 through #5325 inclusive. Seconded by Mr. Zelinka. Motion carried. Mr. Locher had looked over some insurance certificates received by the Clerk for sewer installers. Mr. Zelinka moved to approve the application for Berghorst Plumbing and to ask the other two to provide surety bonds for $5000.00 Seconded by Mr. Jaworski. Motion carried. Mr. Cardinal asked the Clerk to take a Vi I lage map and draw in the Park Property and leave it on the Council table for the next Park Board meeti ng. Mr. Cardinal moved to adjourn at 11:00 P. M. Seconded by Mr. Zelinka. Aye. The minutes approved at the meeting of Sept. 24, 1973 '&4_, Clerk Treasurer Sept. 24,1973 The regular meeting of the Lino Lakes Vi II age Council was called to order- at 8:00 P.M. on Sept. 24, 1973 by Mayor Bohjanen. Councilmen present; Cardinal Jaworski, Marier, Zelinka. Absent; none. Mr. Locher was also present. Mr. Cardinal moved to approve the minutes of Sept. 10, 1973 as written. Seconded by Mr. Jaworski. Motion carried with Mr. Marier Abstaining. The Clerk reported: Received $52.50 in Municipal Fines. Received 3rd payment from State aid in the amount of $13,101.53. $10,000.00 of this goes to the road budget. Read a letter from Mr. Gotwald recommending acceptance of LaMotte Drive. Mr. Jaworski so moved. Seconded by Mr. Marier. Motion carried unaminously. Mr. Jaworski reported that Mr. LaMotte had gone to extra work on this street. He had made the end in a "T" instead of a cu I -de -sac. 200 Sept. 24, 1973 Mr. Ma.ri,er reported there were no recommendation from the P & Z to pass on to the Council. There had been two parties present but only for information. There are four items that the P &Z would l i ke a report on: 1) The Polaris TX sign 2 mile east of Sunset on Main Street. Also there is a building there on agricultural property but is a commercial enterprise and has not gone through the P &Z. 2) Molin Concrete had not completed their screening. The P &Z felt that now is a good time for planting trees and this screening should be completed. 3) There was a question as to whether Glenn Rehbein had a building permit for the extension to the west of his storage building. 4) Also, there was a question of the building being erected at Forjay, do they have a permit. 5) The P &Z wondered about the progress in Shenandoah and Country Lake. There are 29 homes in Country Lake and 13 in Shenandoah. The P &Z would I i ke a report on these subjects. Mr. Marier suggested that the Building Inspector check these items out and report to the Council at the Oct. 9, 1973 meeting. The Clerk is to contact him with this request. Mr. Cardinal reported on the Park Board meeting. He had been unable to attend but had sent his suggestions to the Board. They are working on a Park Board budget and will have the complete figures at a later date. Mr. Kent had located a trailer 8X20, that can be rented from Dec. 15 thru Mar. 15 for $70.00 per month. This would be a temporary measure to be used at the Hall property. Mr. Jaworski asked who would be responsible for damage to the trailer. Mr. Locher was of the opinion that the Village would be liable for any damage to the unit. Mr. Jaworski then suggested that in order to avoid damage and destruction to the unit, that someone would have to be in the trailer at all times during the period it was in use. Mr. Cardinal moved to rent the unit with Electric heat with the stipulation that the Park Board arrange for supervision from 5:30 P.M. till 9:00 P.M., 7 days a week at no cost to the Village. Seconded by Mr. Jaworski. Mr. Marier moved to amend the motion by adding "that the Park Board submit to the Council a schedule as to who would be on duty at what times and what days." Seconded by Mr. Cardinal. Motion carried. Mr. Cardinal asked for a vote on the original motion. Motion carried unaminously. Park Board talked about a beautification plan for the pond in front of the Ha l l . Mr. Cardinal w i l l get their ideas at the next Board meeting. The Park Board asked that the plans for the Hockey Rink at the Hall property be deferred until the Lino Park is completed. Mr. Jaworski was concerned over getting a warming house for Lino Park. He thought that if the materials were purchased by the Village, the Lions Club would do the construction. Mr. Bohjanen asked about the cost. Mr. Jaworski said for a block building 24X24 he thought it would cost app- roximately $2,500.00. What he wanted to know was if he proposed this to the Lions, Club and the cost isn't out of sight, would the Council go along with 1 1 201 Sept. 24, 1973 the plan. Mr. Jaworski was asked to have plans drawn up for the next meeting. Mr. Jaworski also reported that the roads had been inspected by Mr. Gotwald, Mr. Back I i n and himself. The road work is completed. Mr. Gotwald had computed the cost figures and they do not agree with the ones submitted by H &S. Mr. Jaworski asked that the payment be withheld until Mr. Gotwald can clear this with H &S. Mr. Marier said there are problems on 80th and on Peltier. He said there are 2 spi I lways on Peltier that aren't working because the grade is wrong. Mr. Jaworski said this was caused by a vibrator, and wi I I be taken care of. Mr. Marier said there were some chuck holes on 80th West of the bridge. This will be checked out. Mr. Zelinka said that at the Personnel Commission meeting for interviewing applicants for the Partolman's position, there had not been a quorum, therefore he had no recommendation. He wi I I get them together for a review and have a recommendation at the next meeting. Because of the lack of a quorum, no other business was considered. Mr. Bob Parta and Mr. Steve Askew were in connection with the Open Space recommendation to the Council from the Open Space Commission. Mr. Askew said there had been three words changed in the resolution but they were merely grammatical changes and did not alter the conception of the resolution. Mr. Zelinka said what the resolution needed was a definition of "Exhibit A ". Mr. Askew agreed and put the County's map and the Open Space Commission's map on the Council table. The County map includes the golf course and all other umplatted lands in the Jandric area. The reason being that this would afford lands for expansion and make a wider buffer zone for the Southern boundary of the park. Secondly, if these lands were excluded, the County would end -up paying for a portion in severance damages and not owning the property. There is an established County policy that the golf course would either turn over to the Vi I l age to operate or lease to a private party. Mr. Askew felt that there would be no problems as far as the bond issue was concerned. The $75,000.00 in special assessments due on the golf course would be paid by the County. Mr. Aelinka asked if his understanding that the County would acquire lands in the South first and work North was correct. Mr. Askew said, Yes, the Jandric property is on the priority list. They would like to acqui re this first. Mr. Marier pointed out that the Open Space Commission and the County had agreed on the resolution. Their main difference on the maps centered around the Jandric property. The Board was concerned over the tax loss to the Vi I l age. They had passed a motion at the last meeting to stand by their original recommendation on the Park boundaries. Mr. Cardinal asked who has the most acres? 202 Sept. 24, 1973 M1'. Askew said the County map had more acres approximately 2,695. He explained that the Baldwin Lake area encompassed about 150 acres that is part of another project, but because the Open Space commission wanted this included, it had been colored in on the map. Mr. Marier said the Open Space had not considered the stages of develop- ment that the County had proposed. They were only interested in setting the boundaries one time, and including the total acreage of 2,500 acres. Mr. Zelinka said he had understood from the Resolution, that if this was accepted by the Village, then no building permits could be issued in that 2,500 acres. Now from the discussion here this evening, he felt that they were saying this would not restrict building permits. Mr. Askew said this was correct. They could not ask the Village not to let the area develope. They can't expect the Village to hold this land open for indefinite period. The agreement says that the County will not purchase more than 2,500 acres and the Village will not permit building without asking Anoka Park Board. Mr. Zelinka said the Commission had moved and passed motion to stand with their original recommendation. He felt that had been some confusion because this had not been redirected to the Commission by the Council for action. There was some question as to the Village operating the golf course. He felt that the Village should operate the golf course and that this should be looked into. There had been a commission appointed to look into this, but there had been no chairman appointed, so they had not met. Mr. Marier felt there had been no confusion. There had been many hours of work. The Commission had made their recommendation and the boundaries of the Open Space was the consideration of this Council. Mr. Askew said the County would assume the responsibility for the golf course but the possibility of expansion would be limited. For all practical purposes, if the course is not condemned, the County will be forced to condemn. Mr. Jandric can sue for severance damages claiming that by taking the golf course they are limiting his economic growth. Mr. Askew said they would eventually pay for the golf course whether they buy it or not. Mr. Bohjanen said the people bought in that area with the idea of that golf course - Mr. Jandric used the planned construction of the golf course to sell homes - if the Village includes this in the Open Space program, aren't we doing the same thing to the land owner? Mr. Jaworski asked if the County could purchase lands outside the boundary as set by the Village. Mr. Askew said they could purchase lands, but not by condemnation procedures. There was more discussion on the total acreage of 2,500 acres. This is the maximum acreage that can be acquired by the County within the boundaries set by the Village. Mr. Zelinka suggested that in order to stay within the required acreage, why not include the golf course in the Open Space and delete some lands to the North that could be developed. Mr. Zelinka asked if lands purchased outside of condemnation were not higher in cost. Mr. Askew said they were. 203 Sept. 24, 1973 There was some question as to the ownership of some of this land. Members of the Council thought Mr. Jandric only had an option of portions. Mr. Askew said that as far as they could determine all the land was under contract for deed. Mr. Marier said the people who had bought there had bought with the idea of the Country Club atmosphere, he wondered if we satisfy Jandric, will he satisfy the people. Mr. Parta said the people were more likely to get the golf course if the County acquired the land than if it was left in the hands of Mr. Jandric. He said the possibilities of leasing it or expanding it are there. Mr. Marier said, "or abandoning i t' . Mr. Parta agreed. Mr. Cardinal asked Mr. Locher if the Village could become involved in a law suit or would they become liable if this golf course was included within the bondaries of the Open Space map. Mr. Locher said he could see no possibility of the Village becoming liable for this action. Mr. Zelinka moved to include the golf course in Exhibit A. Seconded by Mr. Cardinal. On the roll ca I I vote; Mr. Cardinal, Yes; Mr. Jaworski, No; Mr. Marier, No; Mr. Zel inka, Yes; Mr. Bohjanen, No. Motion fai led. Mr. Jaworski moved to accept the map from the Open Space Commission as Exhibit A and to approve the Resolution and Guide (Lines. Seconded by Mr. Marier. On the roll call vote; Mr. Cardinal, No; Mr. Jaworski, Yes; Mr. Marier, Yes; Mr. Zelinka, No; Mr. Bohjanen, Yes; Motion carried. Mr. Askew said he would take this back to the County Commissioners and will convey their response to the Council. He thanked the Council for their time and work. He had hoped for different results but he felt that this had been a well thought out decision. Mr. Marier thanked Mr. Askew for his time. He appreciated all the time and effort that had been spent on this map. He asked Mr. Askew if the County Board would excerise their perogiative under the special Legislation. Mr. Askew answered that he didn't know but he thought that he should have an answer within the month. The remainder of the boundaries and the Resolution will be followed. Mr. Bohjanen asked Mr. Frazer if he had something to say to the Council. Mr. Frazer said the time limit for Mr. Bruder to clean up his property had expired and the clean up had not been done. He wondered if any thing was being done about it. Mr. Locher read a report that Mr. Myhre had f i led with the Judge on the case. He had inspected the property on 9- 17 -73. It is now up to the Judge. Mr. Locher said he was of the opinion that Mr. Bruder would have to serve the 60 days and the Judge had made it quite clear that he would not get time under the Huber Law. Mr. Bohjanen asked if someone else could come in and clean up the mess and assess the cost to Mr. Bruder. 204 Sept. 24, 1973 Mr. Locher said the Judge could appoint a commissioner to clean it up and b . i I l Mr. Bruder. The Judge had discussed this at the last hearing. I t is out of our hands at this time, all we can do is wait for a decision from the Judge. Mr. Bohjanen reported that the 1st budget meeting had been held but there was not a quorum, so no decisions had been made - just general discussion of figures. The 2nd budget meeting is scheduled for Sept. 27, 1973. He set a 2nd meeting for Oct. 2, 1973. The Clerk is sending a letter and reminding Council members of this meeting. He also had a letter from Mr. Hawkins. All Council members have copies of the letter. There was a suggestion that the Village join in the Clean -Up campaign for the Month of October. Mr. Jaworski moved to set the month of October as Clean -Up month. Seconded by Mr. Marier. Motion carried. Mr. Zelinka asked about publicity and what sort of action should be taken on this motion. It was the general feeling of the Council that Clean - Up flyers should be used along with publicity in the local papers reminding people to clean up before Winter. Mr. Zelinka brought up the Lake Amelia problem which is the area around the gravel pit. There was discussion on the shooting going on in the area. Some one suggested that maybe we should ban all hunting and shooting within the Village limits. There was objections to this. With the general consensus that our problem is not with the hunters but with the target shooters. Mr. Marier moved to have Mr. Locher write a letter to Mr. Herbst and asked that he fence the gravel pit property immediately and to conform to the requirements of cleaning up the premises. Seconded by Mr. Cardinal. Mr. Zelinka suggested that property owners who do not want shooting on their property have it posted by the Village, thus giving the Police authority to enforce the "No Trespassing" signs. Mr. Locher was asked the legal implica- tions of the trespassing law. He said that it is not clear. He explained some of the rules and regulations. Vote on the motion was unaminous. Mr. Bohjanen had received a letter from the Water and Soil Conservation Department inviting the Council to a breakfast meeting in Anoka. Mr. Bohjanen had also received a letter from Mr. Earl Kammerer about some property he owns behind Mrs. Faymoville's land. The Council thought this had been discussed before and an answer given to Mr. Kammerer at that time. The Clerk is to check the minutes and inform Mr. Kammerer of their decision. Mr. Bohjanen asked the Clerk for the list of Election Judges to certify for the Election. The Clerk had called both party chairman but neither one had produced a list of names for consideration. There will still be time for certification at the next Council meeting which will be held on Tuesday, October 9,1973. The 8th is a legal holiday. The number of ballots must be increased by 15% and there must be 1 Judge for each 150 voters with a minimum of 3. There was discussion on membership in the League of Minnesota Municipalities. Our dues this year have increased to $605.00. Mr. Bohjanen asked for the feeling of the Council on this matter. Mr. Cardinal moved to drop our membership. Seconded by Mr. Zelinka. There was discussion on the pro's and con's of this move. The vote was unaminous in favor of the motion. 5 Sept. 24, 1973 There was some question as the participation of the Lino Lakes children in the Forest Lake Recreational program since we have contributed to the operating fund. The Clerk said that Mr. Stan Peterson is on the agenda for the next Council meeting. These questions should be asked at that time. Mr. Jaworski asked if there had been any progress in clearing up the Sunday Liquor situation. Mr. Bohjanen said, not yet, but it should be taken care of before they must pay for the second half in December. Mr. Zelinka moved to approve requisitions # 304 through #309, holding # 307. Seconded by Mr. Cardinal. Motion carried. Mr. Jaworski moved to pay bi I Is # 5326 through #5355 inclusive and to approve payro l I checks #2178 through #2199 inclusive. Seconded by Mr. Marier. Motion carried. Mr. Jaworski questioned the building inspector's fees since the permits are now issued from the Clerk's office. Mr. Dupre is to be contacted and asked to appear at the next Council meeting. Mr. Locher reported on the division of the special assessments in Lakes Add. #3. They have removed the amount assessed against the lift station area and divided it among the lots. The Council asked that action on this be put on the Oct. 9, 1973 agenda. Mr. Locher had also talked to Mr. Wright about the Flood Plan insurance. This is also to be on the Oct. 9, 1973 agenda. Mr. Zelinka asked if the agreement with Mr. LeVessuer had been worked out. Mr. Jaworski said, Yes, it was just a matter of getting the legal papers drawn. He will take care of it. Mr. Marier moved to adjourn at 10:10 P.M. Seconded by Mrrj� Cardinal. Ay . The minutes approved at the meeting of Oct. 9, 1973. /�a� Clerk- Treasurer Oct. 9, 1973 The regular meeting of the Lino Lakes Vi I lage council was cal led to order on Oct. 9, 1973 at 8:05P.M. by Mayor Bohjanen. Counci Imen present; Cardinal , Jaworski , Marier, Zelinka. Mr. Locher and Mr. Gotwald were also present. The minutes of Sept. 24, 1973 were corrected as follows: Page 1, item 3, first line, the word 'has' changed to 'had'. Page 6B, first l i ne word 'third' changed to 'second', and date on second l i ne changed from '10' to ' 2' . Mr. Cardinal moved to approve the minutes as corrected. Seconded by Mr. Marier. Motion carried. The Clerk reported that the First Federal Revenue Sharing payment in the amount of $7188.00 had been recieved. The Metro Sewer Board agenda for Oct. 10, 1973 includes the Engeeri ng agreement for the Lino Lakes - Centervi I le interceptor.