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HomeMy WebLinkAbout11/26/1973 Council Minutes220 November 26, 1973 The regular meeting of the Lino Lakes Village Council was called to order at. 8:00 P.M. on Nov. 26, 1973, by Mayor Bohjanen. Councilmen present; Cardinal, Jaworski, Marier, Zelinka. Absent; none. Mr. Locher was also present. The minutes of November 7, 1973 were corrected. -. Mr. Jaworski moved to accept the minutes as corrected. Seconded by Mr. Zelinka. Motion carried, with Mr. Cardinal abstaining. The minutes of November 12, 1973 were corrected. Mr. Cardinal moved to accept the minutes as corrected. Seconded by Mr. Jaworski. Motion carried. The Clerk reported that the Village had received an offer from the Anoka County Park Board for the five acres of land owned by the Village fronting on. Main Street and bordering Centerville on Rice Creek. The Park Board offered $500.00 for that piece of land. Mr. Jaworski moved to table this matter indefinitely. Seconded by Mr. Marier. Motion carried unanimously. Reported that she had received $625.00 from Metro Sewer Board for October hauling; $9224.93 as 2nd half of homestead tax credit; $95.00 in municipal court fines and last quarter payment of State Aid in the amount of $13,101.53. Had received the corrected copy of the Lexington Fire Contract - all members have copies. Mr. Marier reported on the Planning and Zoning Board meeting of November 21, 1973. The P &Z had reviewed the Able Systems request even though they were not represented. The feeling of the Board was that no action could be taken on this request since the applicant was not the owner of the property. Mr. Marier read Mr. Kelling's statement, " The Planning and Zoning Board has always encouraged business development within the Village. Also, the business developers must follow the rules and regulations set up by the Ordinance. In this case, Mr. Kelling moved to recommend to the Council that these builders cease and desist until they have complied with the recommendations of Mr. Starr and Mr. Got* ald. The owners of the property must participate in the application for the permit. They must follow the normal procedures by appearing at the Planning and Zoning Board and before the Council'. Mr. Marier moved to approve this, recommendation. Seconded by Mr. Zelinka. Motion carried unanimously. The Clerk was instructed to call these gentlemen and also to write them informing them of the Council decision. Mr. Marier also reported on the action taken in conjunction with the Robinson operation. The Planning and Zoning recommended that Mr. Robinson be required to apply for a limited special use permit and a sign permit within 30 days and appear before the Planning and Zoning and the Council following normal procedures. If Mr. Robinson fails to abide by these recommendations, he be issued a citation for non - conformance. Mr. Marier moved to approve this recommendation. Seconded by Mr. Cardinal. Motion carried unanimously. The Clerk was instructed to write to Mr. Robinson and inform him of the Council decision. The trailer parked on Highway #49 had been discussed and the P &Z felt that even though this unit is not being occupied, it is against our Ordinace for it to be parked any place except in a Trailer Park. Mr. Marier moved that the owner be contacted and informed that the unit must be moved to a mobile home park. Seconded by Mr. Cardinal. Motion carried unanimously. November 26, 1973 The rezoning hearing for Richard Walbon was called to order at 8:15P.M. This request had been heard at the Planning and Zoning Board meeting. The mailing list and affadivit of publication had been read. Mr. Walbon was questioned as to the use of the land and he answered that it is for a shop and office and storage of excavating equipment. He agreed that he would abide by the recomm- endations of the Planner for screening on the rear of the lot. Mr. Jaworski questioned Mr. Walbon as to the width of the driveway - would it be wide enough for the type of equipment he would have. Mr. Walbon said there was room to widen the driveway so that it was adequate. The Planning and Zoning Board had recommended approval of this rezoning request and Mr. Marier so moved. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Cardinal moved to adjourn the hearing at 8:25 P.M. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Marier reported that the Comprehensive Land Use Report from the Metro Council had been discussed and there are areas of differences. The P &Z had requested that the Clerk write to Mr. Boland asking for a 30 day extension in order to give Mr. Starr time to resolve these differences. This has been done. Mr. Marier reported that he had calls concerning the County's offers for the lands located within the Open Space area. Many people are not satisfied with the appraisals of their property. He felt that the Council should meet with the entire Board of County Commissioners to certify our Open Space Resolution and to discuss the use of the Park. Mr. Marier moved to set up a meeting with the Anoka County Board of Commissioners to get this -. Resolution certified before the end of the year. Seconded by Mr. Cardinal. Motion carried unanimously. The Clerk was instructed to write to the Board of Commissioners requesting that the entire Board attend a joint meeting set for December 6, 1973 at 8:00 P.M. to be held here at the Village Hall. If this date is inconvient for the Board, would they set a date when it would be possible for them to meet with the Village Council. Mr. Jaworski questioned the law that allows Anoka County to condemn land for Park purposes - does this law-apply if the park is to be a regional not county park? Mr. Locher wasn't sure of this but felt that the intent of the County at the time of concept would have some bearing on this. Mr. Marier said that at the time of concept this could have been for just a local park not regional. Mr. Marier announced that a meeting of the NSSB will hold a meeting on December 27, 1973 at 8:00 P.M. in Fridley. He asked the Clerk to read a letter from David Larson to Mr. Honsey of the MSB dealing with their studies in reference to the interceptor. He also had a copy of the report if any one wanted a copy of it. Mr. Cardinal reported that there had been a Park Board Meeting and that the skating rink at the Hall is leveled. He also has the address where the trailer can be obtained. He asked the Clerk if a list of names had been submitted for supervision in the unit. She said she had not received a list as yet. Mr. 222 November 26, 1973 Jerry Hanson is compiling the list and the trailer not to be brought out and set up until the list is in. Mr. Cardinal also reported on prices of tractors. 46hp - $5591.00 - 60hp - $6580.00. He wasn't able to contact the man about a front end loader but the last time he had looked a used one was around $30,000.00. Mr. Cardinal asked Mr. Backlin if he had contacted the man about the poles for the lights. Mr. Backlin said he had and that the poles at the Hall rink are already in. Mr. Zelinka asked if the tractors mentioned above are large enough to handle the work to be done at the parks and around the Village. Mr. Cardinal said they were but that on some models, there is a one year delivery date. Mr. Jaworski reported that there is a burned out valve in the Ford Tanker Tractor. There is a requisition for the repair of this. Mr. Backlin can take it in on Tuesday morning and it should be finished by Wednesday. If something comes up we can rent a tractor for $38.00 per day. He asked the Clerk to check with Mr. Juhl, of the Forest Lake School District as to the repairs or main- tenance that had been done on the tractor. Mr. Gotwald had taken a look at East Rondeau Lake Road and had given his recommendations to the Clerk to be typed and sent to Minnesota Pipeline Co. Mr. Marier asked if the damage that had been done on 80th had been billed and paid for? Mr. Jaworski said that the bill has not been sent as yet. He asked Mr. Backlin to compute the time and material to repair this street and give it to the Clerk to send to the offender. Mr. Marier also questioned if H &S Asphalt was all done in the Village. Mr. Jaworski said, Yes, that the final payment had been made. Mr. Marier asked if 10% had been withheld. The Clerk said, No, that on the advise of Mr. Gotwald, she had paid the full amount due. Mr. Marier moved that in the future on all contracts that 10% be withheld until 30 days after the job had been completed and final payment made. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Jaworski said he will check out Peltier Lake Drive with Mr. Gotwald and Mr. Backlin to see what is necessary to avoid trouble in that area. Mr. Jaworski said there is also some campaign signs still up. The candidates have 10 days after an election to remove the signs. Mr. Bohjanen said that he has removed the signs from that location several times and the next, night another one is put up. He said the signs were removed during the campaign and now are being returned. He will take care of this. Mr. Zelinka reported there had been no meetings of either the Enviornmental or Personnel Commissions. He would ask that during the remainder of this year that the Council consider the suggestion of combining the Enviornmental, Open Space and Park Boards under one Commission and go to a seven man board. Mr. Schmitz was here for information on the erection of a 40X60 pole type building to be used for storage of plumbing supplies. The lot is located on Highway #49 just South of the Baldwin Lake Trailer Court. After some discussion, Mr. Schmitz decided that he would prefer to rezone the back portion of the lot from residential to commercial to avoid problems in the future in case of November 26, 1973 a 2 E�, 2� J L expansion. Mr. Marier moved to set a hearing for rezoning for Mr. Schmitz on December 19, 1973 at 8:15 P.M. before the Planning and Zoning Board and for 8:15 P.M. December 26, 1973 before the Council. Seconded by Mr. Cardinal. Motion carried unanimously. Mr. Bohjanen asked Mr. Zelinka if the Personnel Commission has application to fill the vacancy on the Police Department. M. Zelinka said there was two. Mr. Bohjanen asked if they felt that these applications should be used or should we readvertise? Mr. Zelinka said the recommendation to hire had been in order of desirability. If the ones that had been interviewed were not desirable, then we should re- advertise. Mr. Bohjanen will ask Mr. Myhre to contact Mr. Zelinka and the Personal Com- mission for applicants to fill vacancy on the Police Department. Mr. Bohjanen said that Lino Park needs a snow fence across the front to keep the cars out. Mr. Jaworski said the Lions would be putting a chain link fence on the sides and rear but would not be fencing in the front until the work is completed. He would suggest something such as a snow fence for the front. Mr. Zelinka suggested barricading the area north of the Hall to keep the cars out of that area. Mr. Jaworski felt that the area around the Hall is being developed in a very haphazard way and he moved to have the Park Board make a study of this area and the planned development for the area and present a comprehensive plan to the Council by the end of Janurary. Seconded by Mr. Marier. Motion carried unanimously. Mr. Cardinal will take this request to the Park Board. The corrected Lexington Fire Contract was considered. Mr. Zelinka moved to approve the contract. Mr. Jaworski seconded. Motion carried unanmiously. Mr. Jaworski moved to amend the motion to read as a one year contract. Seconded by Mr. Marier. Motion carried. Mr. Bohjanen introduced the subject of the citzen of the year discussion and asked the papers not to publish any discussion on this subject. Mr. Jaworski felt that this should be taken care of after the meeting and not a regular Council meeting. He felt that this could be embarassing to the members of the Council and put them in an awkward position. Mr. Marier suggested that this be discussed after the Chambers were cleared. Mr. Cardinal asked Mr. Bohjanen if he had contacted Mr. Webster on the problem he had at his residence. Mr. Bohjanen said that he had tried several times and had been unable to make contact. He will contact Mr. Myhre and have this taken care of, and ask Mr. Myhre to report at the next Council meeting. Mr. Locher read a letter from the Attorney representing Lino Lakes in the Court Case with Circle Pines over the extension of their gas line to the Molin Plant. The case was heard before the Supreme Court and it will be late January or the first part of February before a decision will be handed down. He will keep the Council informed on any information he may receive. November 26, 1973 The Clerk was instructed to contact Mr. Hill and ask about the progress on the study he was doing on the finicial reports from the Circle Pines Gas Utility as it applies to the Lino Lakes System. Mr. Locher said that he had not started the District Court Action on the Bruder case as yet. He would prefer to wait until the Probate Court action is settled. Mr. Bruder is scheduled to appear on December 4, 1973. Mr. Myhre had sent in a report dated 11- 19 -73, stating that if anything the grounds were more cluttered than before. Mr. Locher said a District Court case will cost in the neighborhood of $700 or $800. Mr. Cardinal asked if there was any way we could recover our money. Mr. Locher said it could be placed on the tax rolls as an assessment against the property, but if Mr. Bruder didn't pay his taxes, then there is no way to recover. Mr. Jaworski felt that if this is the only way to get this place cleaned up than this is the way to go whether we recover our investment or not. Mr. Cardinal wondered if we do assume the responsibility of cleaning this place, where do we dispose of this material? Can we sell in order to recover our expenses? Mr. Locher said a Court Order would be necessary for this type of operation. Mr. Jaworski suggested that this should be turned over to the County if possible. Mr. Locher reported on the Salary changes that will take effect on Jan. 1, 1974. Before the salaries of officials was set by Ordinance, now that law has been repealed. In order for the Salary raises to go into effect, the Ordinance must be published before the 1st of the Year. The Ordinance governing the salaries of the Officials was passed in 1966. The Personnel Commission had recommended a raise for the Mayor and Council the earlier part of 1973. There was a question as to whether this was to have been on the ballot at the election. The Clerk was instructed to do some research on this and report back at the next Council meeting. Mr. Locher said there would still be time to pass the Ordinance. Mr. Locher reported that Mrs. Flattum has been evieted from the property located on Birch Street and that the operations there have ceased. The calves that were impounded have been ordered sold by the Court to pay medical expenses for them. He had also brought a copy of our Firearms Ordinance. The concern of the Council was how the signs could be changed to reflect the fact that no firing of single projectiles are permitted within the Village limits. There were suggestions of add "with Pellets" to the present signs; "no deer hunting" added. Mr. Marier felt that hunting is a good recreation and there is alot to be learned in the sport. The suggestion to word the signs so that the people know "shotguns with slugs prohibited': Mr. Cardinal moved to get new signs worded "Hunting with Shotguns with Birdshot Only ". Seconded by Mr. Jaworski, Motion carried with Mr. Marier voting, No. Under old Business, Mr. Marier asked if Mr. Dupre had turned in a report on old houses and buildings that should be repaired or torn down? The Clerk said she had received nothing. She was instructed to write Mr. Dupre and ask him to 1 1 November 26, 1973 report at the next Council meeting. Mr. Marier also brought up the subject of illegal real estate signs located on #49 near the Blue Heron and on 135E between Co. Rd. "J" and County Rd. 14. There was discussion on these and other signs. Mr. Marier moved to have the Clerk make a list of current signs for the Building Inspector and the Police so that they can watch for signs that are erected without a permit. Seconded by Mr. Zelinka. Motion carried unanimously. Under new business, Mr. Jaworski requested the use of the Hall by the Happy Hustlers 4H Group for December 14, 1973. They will clean the building when finished. Mr. Jaworski moved to approve the request. Seconded by Mr. Cardinal. Motion carried unamiously. Mr. Jaworski also requested the Clerk to write the Highway Department and ask them to barricade where the old cut -off from Highway #8 to #49 by the Blue Heron was moved from. Cars are still driving through that area. On the requestion, Mr. Marier suggested that on #340 cut all items over 5 by 50 %. He also suggested that Mr. Backlin establish a running inventory. Mr. Cardinal moved to approve requisitions #333 through #341 cutting #340 per Mr. Marier's suggestion. Seconded by Mr. Zelinka. Motion carried. Mr. Zelinka questioned Check #5457 since this was to one person for over $500.00 for work done on the roads. Mr. Jaworski said this was a total of the invoices that had been for work done on different days and had been merely totaled for the one check. Mr. Cardinal moved to pay the bills check #5438 through #5457. Seconded by Mr. Zelinka. Motion carried. Mr. Cardinal moved to approve payroll checks #2224 through #2263. Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka moved to adjourn at 10:30 P.M. Seconded by Mr. rdinal. Aye. The minutes approved at the meeting of December 10, 1973. (� Clerk - Treasurer