HomeMy WebLinkAbout06/14/1971 Council Minutes5/24/71
pointed out that this is only Phase 1 of the interceptor, that Phase 2 is
the interceptor to Centerville where, it is badly needed. Mr. Hamblin has
testified that St. Paul takes 1/3 of its water simply from Centerville Lake
which is poluted. Mr, Locher noted that Mr. Jaworski had been there also ap well
as representatives from Jandric. No definite date for the next hearing has been
set.
Mr, Jaworski moved to continue this meeting indefinitely until after the Metro
Council has met on the interceptor at which time we can set a date to discuss
the matter further. Seconded by Mr. Rosengren. Carried unanimously.
Mr, Jaworski moved to authorize the Engineer and the Fiscal Agent to attend
the continued hearing to discuss the financial aspect of the interceptor, etc.
Seconded by llr..Cardinal. Carried unanimously.
Mr. Rosengren moved to adjorn the special meeting at 8 :15 P.M. Seconded by
Mr. Jaworski, Carried unanimously.
Minutes approved at the meeting of June 14, 1971 /s/ Shealy Brisson
Deputy —Clerk
6/14/71
The regular meeting of the Lijo Lakes Village ,Council held on June, 14, 1971,
was called to order at 8:10 p.m. by Acting Mayor Jaworski in the absence of
Mayor L'Allier who was out of town. Also preaeent were Trustees Cardinal,
Rosengren, and Bohjanen, as well as Engineer Gotwald and Attorney Locher.
Mr, Bohjanen moved to accept the minutes of the special meeting held on May 24,
1971 as written, Seconded by M, Rosengren. Carried unanimously.
The Clerk reported that she had received the affidavits of publication for the
notice of hearings on the zoning code, the ad for Assistant Constable wanted, and
for the publication of Ordinance #43A. The Clerk read a note from James M. Ray
which stated that the policy premiums listed in his bid of April 22nd are annual
amounts, Letters were received from Superanierica and Mobil Oil Corp. which
stated that they were unable to provide cover sheets with their billings because
of computer billing or volume purchase under 100,000 gallona per year.
The Clerk reported that the amount of galsoline used in 1970 was 6,384.7 gallons
at a cost of $2,264.15. Municipal court fines in the amount of $180.00 had been
received for May. The Clerk, in consultation with the Mayor and the County
Assessor, had had the date of the Board of Review changed to June 22nd at 8 p.m,
The Clerk stated that Mr. Dupre had inspected all existing freeway signs, and had
noted that Sign No, 17 should be rebuilt since it has been braced up and doesn't
look good. This Skelly sign is on the Caron property and _h_ been put upprior._
to adoption of Ord, No 51, Following discussion, Mr, Bohjanen moved that the
Clerk write to the sign company instructing them to bring the £ign up to the
specifications of the sign code. Seconded by Mr, Jaworsk4. Carried,
The Clerk reported that applications for the position of Assistant Constable had
been received from the following: David Quesnel, Stan Erzar, Gerald Johnson and
Gerald Koza. Mr. Myhre stated that he had only been able to interview one of the
applicants, that this person was certified by the State, and that he would like to
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recommend him, but would like to talk to the Mayor first, After looking over the
applications and discussion, Mr, Cardinal moved that Mayor L'Allier and Mr. Myhre
get together and interview the applicants separately at their convenience. Seconded
by Mr. Rosengren. Carried unanimously.
Mr, Cardinal - stated that he had checked for a fire warden on the East side of the
,Village and had found that Bill Eliingsen will accept the job. Mr, Ellingsen
had suggested that copies of the burning schedules be made up to hand out. qIv'.
Cardinal moved to make 50 copies of the burning schedule to start with. Seconded
by Mr. Bohjanen. Carried unanimously, Mr, Rosengren noted that Mr. Ellingsen
will have to be certified by the State.
Mr, Cardinal stated that the special joint meeting on the wetlands ordinance had
been cancelled; also, that he had the safe delivered and placed in the garage;
if there were any objections to it,he would haul it away.
Mr. Cardinal reported that he had attended the Rice Creek Watershed meeting on
the 10th from 10 :30 A,M, to 6 >?.M, and had testified in favor of the watershed.
The decision is now up to the Water Reserve Board which would have an answer in
60 to 90 days, If the.Watershed is approvedpa Board of Managers would he
appointed which would probably have 5 members. Of the 4 counties involved, 3 had
signed a petition for the Watershed; Mr. Bohjanen noted that the 4th county,had
very little land involved, Mr. Cardinal mentioned that of all the people testifying
in favor from this area, most had been residents fox only a few years.
Mr, Gotwald noted that the St, Paul Water Department had expressed some concern
that a Board of Managers would have the powers of eminent domain and taxation;
they want nothing which would disturb the water basin. Mr. Gotwald predicted that
the Watershed won't happen rapidly with 34 communities concerned, noting that
most of the petitioning communities were downstream. He explained some of the
procedures for improvements and assessments which the Watershed would involve,
In answer to Mr. Jaworski's question, Mr, Gotwald stated that it was a legal
question as to who would have the greater power, the Board of Managerrs or the
Metro Council. Mr,.Bohjanen noted that the Metro Council had superseded the
Coon Greek Watershed, Mr. Gotwald stated that this was so, that they had battled
back and.forth for some time; this would depend on the situation.
Mr. Jaworski had no report. Mr. Rosengren reported that they were working on the
roads, and that he had an estimate on--the parli.ng lot. Members went outside to
survey the markers and hear Mr. Gotwald's proposal. The road on the South would
have a 22 foot surface, while the rear entrance would be 30 feet. The parking
area would be 60 by 60 feet. Mr. Gotwald felt that this would leave room for
parking in two rows with driving room between; also, the lot could be expanded
some 40 feet to the East when necessary, Mr. Gotwald suggested that instead of
blacktopping the drive and parking lot this year, which would cost over $3,000,
that the Council seal a good base out of the Building Fund and blacktop it next
year out of the Roads and Bridges Fund. There was discussion. Mr. Gotwald noted
that the Schifsky bid was on a per gallon basis, Mr. Locher stated that another
bid would be needed,
Mr.,Rosengren stated that he had ordered 200 feet of 2 inch plastic pipe to fill
the pond, but needed a trencher to digit in. Mr, Cardinal moved to authorize Mr.
Rosengren to order the pipe at $78 per 1001feet, and to have it dug in, Seconded
by Mr, Bohjanen. Carried unanimously, Mr. Rosengren will check with Donovan
Construction and Girdle Pines Utilities on use of a trencher,
Mr, Backlin stated that they had finished hauling on 4th Avenue today. He asked
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if the Village was going to do any work
is so close to the poles that they have
stated that 77th had the same status as
roadway, that it is ok to maintain what
the roadway. There was discussion.
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on 77th this summer, noting that the road
to go around them to plow snow. Mkr. Gotwald
a trail, that we have no.easements for a
IIIhas been maintained, but that we cannot move
Air. Rosengren stated that the motor in the old police car was bas and wished the
Council's opinion on what to do with it. Mir. Cardinal felt we should get rid of it,
but Mr. Myhre stated that it was in pretty good condition except for the motor.
Mr. Myhre stated that the police put about 300 miles on it per month besides what
Mr. Juleen drives it. Mr. Jaworski asked Mr. Rosengren to get comparison estimates
on repair or a different motor. There was discussion.
Mr. Rosengren stated that Jesse Heller wanted to purchase a culvert to place in an
old hayroad which is public access; this culvert would assist the natural drainage
in the area since high water crosses the road in that spot. Mr. Rosengren stated that
the 2 rod road (in the NW1/4 of Section 10) was bounded by Heller and Olson on the
West and by Caron, Karth and Roos on the East. After considerable discussion on the
jurisdiction and maintenance of the road, W. Rosengren moved to authorize Ir. Helier
to put a culvert on the above — mentioned hayroad, whiohwis not•an accepted road, and
which the Village does not maintain, at a location to be described later for the
record. Seconded by Mr. Cardinal. Carried unanimously.
Mr.Rosengren reported that after checking with a company which hauls road materials,
that it would cost $2 per ton to have material delivered from Dresser, Wisconsin; the
company used 25 ton trucks.
Mr. Backlin asked if we were going to get someone in to work on 80th ; -Mi. Gotwald
stated yes, that it was authorized one month ago, and that the sand was there to fill
in after the bad spot is.dug out.
The hearing on the complaints received on the Lino Lakes Riding Stable was called
to order at 9:04 P.M. Dave O'Conner, an attorney, and Mr. Pfaff, owner
of the stable property, were in attendance along with Miss Sandra Dobryanow and
her cousin. Mr. Locher stated that there was a question' of whether Mr. Smith
had assigned his special use permit over to Miss Dobryanow.. Sandra stated
that Mr. Smith had given her the permit and that she.had paid him for it. Mr.
Locher asked Mr. O'Conner to get a legal assigrmnent on the old permit.
The complaints which had been received, along with 3 reports of complaints by
the Police Department, were read. The Clerk noted that she had received a
phone call that Mrs. Leibel.would not be here, but that the Stable people had
fixed the damage to her yard. Miss Dobryanow stated that the Leibel yard was
filled deer tracks rather than horse tracks, and that a salt lick is there.
Mr. Pfaff stated that he had had,many tenants on the property, and that he would
not have come to this hearing unless he were confident that the people were
,trying to clean up the place and run a good business. He mentioned the work
that they had done and noted that he had received calls from the stating that
someone had.opened the gates in the middle of the night. The last few times
that the horses got out the fences were not down, but IA seems that people on
motorcycles are opening the gates. He felt that a longer perimeter fence was
needed; also, that Mir. Wilharber must have given the motorcyclists permission
to ride his property between the Water Dept, fence and the Stable property..
Mr. Cardinal stated that he had seen Mr. Wilharber catch a motorcyclist and
that he.was sure Mr. Wilharber hadn't given such permission.
There was discussion on the Leibel complaint and the deer situation. Mr.
O'Conner stated that he and his children ride a lot at the stable and that he
could see that these people have made a consistent effort to get rid of the
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rubbish and restore the place; he noted that he had not brought the children out
before these owners came since the place was a mess. He felt that they should not
lose the permit since they were not letting the horses out deliberately, but
it was due to accident and deliberate actions by others.. He noted also that
Miss Dobryanow had adopted 8 children and would not allow the place to go to
pieces since.it would be contrary to her nature. He pleaded that the permit be
continued so that they could make an asset of the place to themselves and the
Village; he noted that they had repaired any damage.
Mr. Jaworski stated that we have a very serious problem in that the horses are
continually getting out, whether by accident or by design, and that they had
guaranteed the Conoil that the horses would not get out. He felt that if
someone were letting the horses, out that it should be fixed so that no one can.
Mr. O'Conner noted that if we look at the previous record, we find no complaints,
and that this looks like a design; he asked for lenience until they can stop
the problem. Liability insurance was discussed. Miss Dobryanow noted that 5
of the neighbor's cows were in her yard one day, that she had chased them back
and not called in a complaint. Mr. Cardinal stated that the cows' owner got
several calls about that, and that he had talked with him also. Mr, Cardinal
stated that he realized that animals got out, that he knew that Smith's horses
got out since he reoeivedmany calls on them and had gone over there personally.
Mr. Cardinal stated that he doesn't like to continually get phone calls asking
when the special use permit is going to be taken away.
Mr. Bohjanen noted that a person making a complaint on drunkenness and offensive
language must be careful what he is putting on record since he might be liable.
He.noted too that it is no fun - getting phone calls that the horses are out;
it's like a broken record; he doesn't know if the horses are out or not. There
was further discussion.
Mr, Locher stated that he felt that without witnesses (other than Mr. Cardinal)
there was insufficient evidence to recall the special use permit, since it might
well result in a court case; also, that apparently the sheriff's offices of
two counties had been informed of a beer party with minors, with a charge,be .ng
made at the gate, which had been held on the premises. .However, they had no
evidence and had made no prosecutions. Miss Dobryanow stated that there had
been a party for a boy going to Viet Nam and a graduation party, but there had
been no minors and no beer sold,
Mr, Locher stated that he had told the police officers to talk with Miss Dobryanow
about Such problems, etc. Miss Dobryanow, Mr, O'Cpnner and Mr. Pfaff all stated
that -they had no objection to the police coming on the premises4 and that they
.,could have complete run of the place; Mr, Pfaff would be willing too sign a permit
to that effect. They felt that having the police stopping by might deter the
gatemopeners.
Mr. Jaworski asked whether the hearing should be continued for a certain period of
time. Mr. Locher stated that we could but it would be better to adjorn; he noted
that some. horses can't be kept in a fence. After considerable discussion in which
Mr. Cardinal noted that they had agreed to keep the horses in the front lot until
the fences were secure, Mr. Bohjanen moved, on the Attorney's advice, that we
continue the special use permit in the same way; that if three more complaints
are received, and the complainants are willing to back up their complaints at
a hearing, that another hearing would be called. Seconded by Mr. Cardinal.
Carried unanimously. Mr. Cardinal pointed out that there had been complaints on
the previous owner, but this was the first special use permit with provision for a
hearing on such complaints. Mr. O'Conner stated that he had seen only the internal
improvement in the place and had wondered what had gone on before.
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IVir. Bohjanen inquired if the police had gone down to inspect the garbage complaint
on the Baldwin Lake park land. Mr. Myhre stated that he had not only inspected
the dumping but had taken a picture and talked to the party which bad dumped the scrap
building material in an old ditch where the St. Pau]. Water Dept, pipe had once
run. A warning ticket to clean up the mess had been issued.
Mr, Bohjanen stated that the Queen Pageant was set for June 19th at 8 P.M, with
the dance at 9 P,M, The C D will get insurance and a beer permit; they will
be selling the old 1970 buttons for entrance since it was too much work to
renumber all the buttons and they didn't wish to order new ones.
Mr, Bohjanen asked that someone be authorized to move the equipment out of the
garage for the Pageant. After discussion, it was decided that Mr. Backlin would
move out the equipment and return it after the dance. Mr, Bohjanen will let
him;know what is necessary Friday night. Mr, Rosengren confirmed that the parking
lot would star- the same the rest of the week.
Mr, Locher reminded the Council that; it was necessary to get two bide on any
amount exceeding $500, such bids to remain in the files for one year.
Mr, Locher stated that the certificate of insurance for the Apple Inn was ok
except that it carried no 10 day prior cancellation clause; the Clerk will see
that this is taken care of. Mr. Locher suggested that the Clerk call Mr. Ray
on the comprehensive commercial policy since the legal description of one item
was imeomplete, and one parcel was missing from the policy.
Mr, Locher suggested that the 6dheil might increase the insurance on the automobile
to $25 and $50,000, or perhaps blanket coverage on all the vehicles in that amount.
He explained.what we now carry. Mr. Locher also' read the uninsured motorist
attacchment, noting that we can reduce the limits under State law, but felt that
the present moved its ad coverage AsRESOLUTIO � EC��d VP�R d� following
Raagla r • tea �Stabulation of the deep well bids opened on May 13th,
stating that 5 bids had been received. The lowest, was Keyes Well Drilling at
$14,693.00; the highest bid was $23,949,00. Mr, Gotwald stated that Carley had
estimated the job at420,000. He noted that 'Keyes had done the well for the
Jandric golf course.
.,r
Mr. Gotwald stated that of 14 bidders who had picked. up specs on the sewer and water
lateral systems, 6 had returned bids. Be read the tabulated bids as follows: Marvin
Rehbein Construction - 4268,176.20, with a deduct of $14,000 for an alternate lift.
station; Lametti & Sons -- $318,478.00; Arson Construction -- $032,865.20; Erwin
Montgomery -- $344,403.40; C.S. McCrossan, Inc. -- $357,447.00; J & T Contracting- -
$483,223.20. Mr. Gotwald stated that they are checking the specs on the U.S,E.M,C,O,,
lift station alternate, noting that if the low one doesn't look good,. they will
recommend the higher bid; this lift station is made in Wisconsin and handled by Waldor
Pump. Mr. Gotwald stated that the low bid was $70,000 below the estimate.
Mr. Gotwald stated that be has not written a recommending letter on the bids
since there is not yet definite approval of the lateral plans from the P.C.A.
He went into detail on the several meetings which had been held with the Metros
Council and ite::staff and referral committees. The final outcome was that the
Metro Council approved extending the, interceptor to Centerville through Lino
Lakes in 1 phase; however, they will not allow any additional development to
hook in. ,Mr. Gotwald stated that this was because the Metro Council felt that
that land would be too expensive for the Park Board to purchase in 2 years.
Mr. Gotwald noted that he had told the Metro staff tiat the Carley original sewer
plan had left out some 5000 acres as being undevelopable; this acreage is quite
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close to the Park plan. Also, the fact that we are studying the Crono
ordinance helped level their ideas out.
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Mr. Gotwald expected that we would get a letter stating that the Metro Council
had passed the interceptor with certain conditions. He felt it was possible
that the Sewer Board would take bids this year and complete the line to Centerville
in 1973. He stated that the PCA and the Metro Council had withheld approval for
the lateral sewer systems, but when we get that approval we should set a meeting
with Jandric at which time he will recommend the bidder.
There was more discussion, with Mr. Gotwald feeling that the Metro Sewer Board
would probably use the Carley firm and their plans for the interceptor. He noted
that it proves planning ahead pays; both Lino and Centerville had sewer. studies
done, and we were working An zoning. He noted too, that the Metro Council didn't
know about the sewer studies we had sent to the Metro Sewer Board. They did feel
that Centerville should have priority; likewise, the Youth Center,
Mir. Cardinal asked what happens to the bid bonds and whether the money could be
invested, IVY. Gotwald stated that there were no checks, but only certificated of
bonds to do the work properly.
Mr. Cardinal moved to pass the on sale and Sunday on sale liquor licenses for
Nathe Brothers Inc. dba 49 Club, providing that they submit an insurance certificate
and the on sale fee. Sedonded by Mr. Rosengren. Carried unanimously.
Mr. Cardinal moved to accept the renewal of sign permit #26 for Naegele. Seconded
by Mr. Bohjanen. Carried unanimously.
After discussion, it was decided that the Clerk would write to the M & R Camp in
Oneka, telling them that they are in violation of the sign ordinance due to their
sign along 135E, The police will determine their address.
Mr, Rosengren moved to grant a 1 year beer license for the Civil Defense Auxiliary
providing that they notify the Council of the dates that they will use such license
and furnish insurance certificates for each occasion; the fee to be $1.00, Also,
to grant a beer license to the CDAuxiliary for June 19th. Seconded by Mr. Cardinal,
Carried unanimously.
Mr. Jaworski stated that he had called all the Council members, being unable to
reach Mr. Bohjanen,however, about issuing 8.3.2 leer permit to the CD Auxiliary
for the Auction on June 13th; they had thought there would be a Council meeting
the previous Monday at which they could get the license. Mr. Jaworski moved to
ratify the issuance of the 3.2 beer permit for the Auction on June 13th. Sec-
onded by Mr. Cardinal. Carried unanimously.
There was discussion on the note stamped on the A.B. Dick statement,that i)i/2%
charge would be levied on past due accounts; Mr. Locher noted that the validity
of such interest rates is being presently involved in court proceedings.
Mr, Myhre asked that the Clerk write a letter to Rick Juleen thanking him for
his services as a policeman.
There was discussion on the parking around Centerville Lake with no decision made.
Mr. Rosengren moved to adjorn at 10:43 P.M. Seconded
Minutes approved at the meeting of June 28, 1971
y Mr. Cardinal, Aye.
Clerk - Treasurer