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HomeMy WebLinkAbout09/27/1971 Council Minutes9/13/71 have the meeting during the Council meeting of September 27th at 9 P.M. The Clerk will notify Springsted and Mr. Gotwald to be here. Mr. Cardinal asked Mr. Locher if he had found out anything about the Hansen pit. Mr. Locher stated that he and I. Myhre had the names of the owner and the person running the pit. Mr. Cardinal moved to table the matter of setting a meeting to consider the employment applications for full -time man until after the budget meeting. Seconded by Mr. Jaworski. Carried unanimously. Mr. L'Allier stated that the Clerk had computed the cost of the District Zoning Code to be $2.92 per copy; he felt that we should get our money out of each copy. Mr. Cardinal moved to set the price of a copy of the District Zoning Code at $3.00 per copy, and to charge postage if the copy is to be mailed. Seconded by Mr. Rosengren. Carried unanimously. 85 The fee for assessment searches was discussed. The Clerk noted that such a search presently is just a matter of signing a form, but when the Jandric improvements are in the searches will entail considerable work. Mr. Locher stated that the City of Anoka had just raised their fee to $4.00 for an assessment search. Mr. Rosengren moved to set the fee for an assessment search at $4.00 effective at such time as the price freeze is lifted or changed. Seconded by Mr. J worski. Carried unanimously. Mr. L'Allier reported that he had talked with both the Civil Defense and the Police and would propose an ordinance at the next meeting on the regulation of large assemblies (1000or more). He read through some items. One clause excludes church and other established places for large crowds. Mr. L'Allier noted that it was nice to have the controlls beforehand. The bills were audited. Mr. Cardinal initiated discussion on the amount of money spent on the Ford tractor maintenance and the possibility of purchas- ing newer equipment. The Clerk was instructed to order for the Assessor the same maps which had been purchased for Mr. Van Housen. Mr. Jaworski moved to pay the bills as audited. Seconded by Mr. Rosengren. Carried unanimously. Mr. Jaworski will check on tractor prices. Mr. L'Allier stated that a letter bad been received from Lexington concerning an increase in the Fire Contract fee for 1972 based on an increase in our assessed valuation. He turned the letter over to Mr. Jaworski to double check the figures before the next budget meeting. Mr. Jaworski moved to adjourn at 10:15 P.M. Seconded by Mr,. Cardinal. Aye. Minutes approved at the meeting of September 27, 1971��a2� Clerk- Treasurer 9/27/71 The regular meeting of the Lino Lakes: Village Council held on September 27, 1971 was called to order at $ :14 P.M. by Acting Mayor Jaworski with all members present, Mayor L'Allier arriving in time for roll call. Mr. Bohjanen moved to accept the minutes of the September 13th regular meeting as written. Seconded by Mr. Jaworski. Carried unanimously. The Clerk reported receipt of municipal court fines in the amount of $370.00 for August. The Metropolitan Sewer Board cost allocation for the budget year 86 9/27/71 1972 was received, showing total charges of $180,235.68, deferred charges and credits amounting to $129,954.00, making a total due in 1972 of $50,281.68. The Clerk was asked to make copies of the cost sheet for the Council members. The affidavit of publication for the Notice to Voters on filing affidavits of candidacy was received from the Forest Lake Times. A notice of a Metro Sewer Board hearing was read. Additional pages of names on the March 22, 1971, pet- ition against the proposed Metro Park plan had been received from Mrs. Sylvia Marier. There were no objections to having the Clerk attach these pages to the original petition. Also received was the signed copy of the First Rider to Agreement between the Board of Water Commissioners and Lino Lakes regarding the ditch in LaMotte's Second Addition. The Clerk stated that, as requested, she had checked the old road record book for easements on Pine Street but had found nothing, noting that they could have been on some of the missing pages. Mr. Bruce Fleming had sent a letter stating that due to the rising costs of dog food, gasoline and all other related items, he could no longer keep operat- ing at the 1966 fees. He stated that starting January 1, 1972 the cost of patrolling the Village would be $35.00 per month and the cost of board for impounded animals raised from $1.00 per day to $1.50 per day. The Clerk remind- ed the Council that the fees for board and pickup were set by ordinance and a change would require an amendment. The matter will be taken up at the next budget meeting. The Lexington Volunteer Fire Department report for the period October 10, 1970 through August 6, 1971 was received; the lengthy report was passed around. The Clerk reported receipt of a letter from the Polution Control Agency granting permit 6956 for construction and operation of a sanitary sewer extension in Lino Lakes, i.e., for the Lakes Addition No. 2 lateral, system. Copies will be made for members. The Clerk read a fourth complaint on the Lino Lakes Riding Stable which was received by the police on Sept. 17th from Mr. Walter Wilharber, 6949 Center- ville Road. Mr. Cardinal reported that sign applications No. 111 -113 from Naegele Outdoor Advertising had been approved by the Engineer and recommended for acceptance by the P&Z. Mr. Cardinal moved to approve a special use permit for sign applica- tion No. 111 by Naegele Outdoor Adv., location at Hwy. 35W and Hwy. 14. Seconded by Mr. Rosengren. Carried unanimously. Mr. Cardinal moved to approve a special use permit for sign application No. 112 by Naegele Outdoor Adv., location near Hwy. 35E and 80th Street. Seconded by Mr. Rosengren. Motion carried with Mr. L'Allier abstaining since involved. Mr. Cardinal moved to approve a special use permit for sign application No. 113 by Naegele Outdoor Adv., location at Hwy. 35E and Hwy. 14. Seconded by Mr. Rosengren. Carried unanimously. Mr. Cardinal reported that the P&Z had considered the matter of charging for individual sewage system permits at the time building permits are taken out; also, the Clerk had called 4 neighboring communities to see how they handle this. He asked the Clerk to make copies of her report for the Council. Mr. Jaworski mentioned the letter from Anoka County dated September 9th dealing with monies from the Federal government for hiring of the unemployed- -Anoka County had received $131,000 and had suggested a list of jobs which qualified. 1 A Mr. Jaworski didn't think they had used the money in the most advantageous way. Mr.. Jaworski felt that some of the money could be used for cleaning of the County Ditch System; he mentioned that some of the funds were to be used for data processing which would not help the unemployment problem. Mr. Jaworski moved to send a letter to Anoka County suggesting the idea that some of this money be used for cleaning the ditches in the County. Seconded by Mr. Cardinal. There was considerable discussion. Mr. L'Allier mentioned that the County had been given only 4 days in which to commit the funds or lose them, so they had hastily drawn up this list. Dennis Houle felt that the ditches benefitted property owners and were not owned by the County. Mr. Locher noted that there was a problem with a State statute - -it seems that only 10% of the original cost of the ditch may be used for its maintenance. He didn't know if this 10% was accumulative, but noted that the original cost of the ditches was small, and that the cost of cleaning them would probably be more than the original cost. Mr. Locher noted also that there are easements to the County for the ditches. He didn't know without research whether the County could use these funds for that purpose. Mr. L- Allier stated that only persons who are unemployed must be hired to use these funds. The area of County policing could use moremen; however they need to hire extremely capable men, but you don't find these men unemployed. A person must be out of a job a certain number of days to quality as unemployed, and some people might quit their present jobs in hopes of getting one of these. He asked that members bring their thoughts on other ways to commit these funds to the next meeting. The vote taken on the motion was unanimously in favor. The hearing on complaints received on the Lino Lakes Riding Stable was called to order at 8:33 p.m. Mr. L'Allier noted that there had been a similar previous hearing on June 14, 1971. Some persons who had made complaints previous to that hearing had not attended the hearing, feeling that the Council would take action to revoke the permit anyway. The Clerk read the four complaints received since the previous hearing; these were from: 1. Mrs. Gerald A. Pehl of Circle Pines, whose nephew had been injured in an accident while riding on June 20th; her letter was dated July 15, 1971. 2. Mr. Frank J. McCoy, 1271 Birch St., dated Sept. 10, 1971, that horses had torn up the grass, trampled the lawn and eaten anything green. 3. Mr. Emmett Leibel, 1281 Birch St., dated Sept. 10, 1971, same as 2. above. 4. Mr. Walter 'Iilharber, 6949 Centerville Road, dated Sept. 17, 1971, that horses had trampled and eaten corn on land he leases to another party. Mr. L'Allier asked if there were any persons opposed to the Council continuing the 'special use permit who wished to speak. There were none. He then asked if any persons who had filed complaints wished to add any remarks. Mr. Walter Prachar, who leased the corn field which was trampled, stated that a conservative estimate of the damage would be $50.00 and doubted that this would cover it. He noted that the amount of corn which was eaten was nothing, but that they had trampled so much. Also, there was a regular trail there which would indicate that they had been doing this for some time. Mrs. Frank McCoy asked if the financial responsibility of the applicant is checked when a special use permit is given. Mr. L'Allier noted that the Council doesn't have the power to require such a check. He noted that the liability question had been discussed at the previous hearing. David Haugen, who had brought the group of teenagers to the Stable on the day when the boy was injured, stated that the place was utter chaos when he arrived, 88 9/27/71 that the lady was screaming at the children for running the horses too hard. He . noted that a very young boy had taken the group out and that he was not capable of keeping the horses under control. He stated that the lady would not help the boy, but was screaming and wanted to tell him of the trouble the boys had given her. Mr. Haugen had forcibly made her get rags to bandage the boy's leg. Mrs. Vera Laffen, grandmother of the injured boy, Greg Laffen, stated that she had gone out to the stable a couple of hours after the accident to check the site, but that Miss Dobryanow had refused to let her look at it, stating that she could inspect it in the morning. Some teenagers had shown her the spot; a young man about 17 years old wat patching up the hole. Mrs. Laffen stated that it looked to her like they wanted to repair the hole and remove the bolt before they could be seen. Mr. L'Allier asked if there were any who wished to speak in favor of continuing the permit. Mr. David O'Connor wished to speak in behalf of Miss Dobryanow. He mentioned that he had been here at the previous hearing and had described how she and the property owner had improved the place since the previous tenant. W. O'Connor stated that further improvements had been made in fencing, trash removal, etc., since then. Mr. O'Connor noted that complaints on escaping animals are common, and animals are sometimes uncontrollable. He stated that he has inspected every inch of the fencing, and found it all in good shape. He noted that the complaints con- sidered at the previous hearing were on animals which had gotten out about 2:30 a.m. because some unknown person had opened the gates. He commented that horses which are well fed do not try to get out of fences at 2 :30 a.m. if they are unmolested. Mr. O'Connor reiterated that accidents sometimes happen, that the special use permit was granted and Miss Dobryanow has made every effort to conform to that permit. The stable is a means of income and livelihood for her, the support for the 7 children which she has taken in. No one negligently tried to bypass the special use permit principles, etc. If the permit is taken away, this is no more than taking away the livelihood of Miss Dobryanow. Mr. O'Connor mentioned that revoking the special use permit would not solve the Nroblems caused by horses since the horses would remain on the property. Seven of the horses belong to Mr. Pfaff, the owner; at least 2 others are boarded there, and Miss Dobryanow's horses would stay on the property, but would not be ridden by the public. He stated that Miss Dobryanow was willing to stand good for the damages which had been caused. Mr. L'Allier asked Mr. O'Connor when he had inspected the fences. Mr. O'Connor said that he was out there up to 3 times a week to ride, had not made a special trip to inspect the fences, but had seen all the fences during his rides. Mr. L'Allier noted that the last thing the Council wants to do is take away someone's livelihood, but that our primary concern is the safety and welfare of the persons who live near and who frequent the place. Mr. L'Allier noted also, that if the permit is revoked, Lino Lakes does have a nuisance ordinance and that if complaints continue, the Village could prosecute and cause the horses to be removed. Mr. Prachar discussed the various fences with Mr. O'Connor. Mr. Wilharber stated that he had chased her horses off his property 4 times, and that the next time he would put the horses in his barn and charge her. Mr. Locher stated that it was legal to impound animals running loose. Mr. Wilharber noted that the horses had stamped down his alfalfa last year. Mrs. Pehl stated that she was not trying to put Miss Dobryanow out of business, but wondered why she would not help the boy. Miss Dobryanow stated that the boys would not do what the leader wanted them to; also, she had gone right in the house and got a sheet for the boy. She stated that he had run into a brand new gate and bolt. Mrs. McCoy noted that Mr. O'Connor was extending his sympathy for Miss Dobryanow, but this doesn't fix damaged property, that the garden which was 'destroyed represented many hours of labor. She noted that the owner was trying to contain the horses at 3 a.m., and had herded them along Birch St. in front of her car. Mrs. McCoy wondered what might have happened if a car coming up the other side of the hill had hit the horses and someone had been killed. In reply to a ques- tion from Mr. L'Allier, Mrs. McCoy stated that she would estimate the damage to her property at a minimum of $250 to the garden alone, mentioning that straw- berry and raspberry plants don't grow easily., Mr. L'Allier asked W. Myhre if he had received any other complaints since the last hearing. W. Myhre stated that an anonymous complaint through the Sheriff's office about the horses being out was made on July 24th. He had found 2 horses out near the owner's gate; Miss Dobryanow had put them inside. Mr. Prachar stated that during the summer the horses were on the other end of his fields south of Birch St. and he had chased them out. He noted that he had seen horses in the alfalfa field of one of the Councilmen and doubted that a complaint had been filed. Mr. Cardinal agreed that he had not filed a complaint. Mr. Prachar stated that he didn't mind this happening once or twice, but this was so much, and it seems that the owner is making no effort to contain the animals. He noted that most stables owners build a good corral for night -time and have plenty of help to keep an eye on the horses during the day. Mr. L'Allier noted the dates and names of 6 separate complaints received since the last hearing. He mentioned that when the special use permit was issued in April, it was stipulated that the horses would be kept in. We have heard test- imony that the fences have been up- graded, but we continually receive complaints about the horses being out. Mr. O'Connor stated that horses know if a rider is inexperienced and this creates problems. Mr. L'Allier commented that he has horses himself and is aware that this is true, but riding stables usually attempt to provide proper facilities and gentle horses since it is generally the inexperienced rider who frequents the stables. Mr. L'Allier stated that it was the Council's duty to protect the people in the Village'and those who frequent the facilities, and that he inten- ded to vote for rescinding the permit. There was discussion on the necessity of posting a sign relieving the owner of responsibility for accidents due to the riding of horses. Mr. Locher stated that it was definitely the responsibility of the owner to post such a sign. He mentioned that there are sometimes inherent undesirable quirks in horses, that inexperienced riders should not be given horses having such, nor should younger riders be given such; a person experienced in horseback riding can detect these undesirable quirks. Mr. O'Connor noted that such a sign is posted. Mr. Locher stated that this sign was only for the horses, not for the premises. Mrs. Laffen stated that the bolt was about 4 -5 inches long and the diameter of a dime; it was sticking out of the post where the gate was to be secured. The gate was shut, no one was there to open it, and the horse went through the open- ing next to the gate. Mrr. Locher inquired whether the bolt was serving any use- ful purpose; Mrs. Laffen stated that it was attached to nothing and should have been sawed off. Mr. Jaworski moved that special use permit No. 42, issued to Miss Sandra Dobryanow on April 26, 1971, be revoked. Seconded by Mr. L'Allier. The motion carried unanimously. The Clerk was instructed to direct correspondence on the revocation to Miss Dobryanow and Mr. O'Connor with copies to Mr. Locher. The hearing was adjourned at 9 :07 o'clock P.M. 90 9/27/71 Mr. L'Allier called the hearing on the bonding for the Chomonix projects to order at 9:08 P.M. Mr. Osmon Springsted passed out copies of the bonding book- let for the proposed issue. He explained the amount of the issue as follows: 'Construction costs (per Milner W. Carley & Associated) $482,350.00 Capitalized Interest 56,950.00 Discount 10,700.00 Total $550,000.00 Mr. Springsted suggested that 2 year's interest be built in since there will be no assessments for the improvements until 1972 with the first collection sched- uled for 1973; he felt that at least 1 year's interest was necessary to avoid a tax levy and the second year's interest as a cushion if the assessments are less than the interest due in 1973, or not collected before the interest comes due. If the funds provided by the 2 year's interest are unnecessary, they can be added to the construction fund or somewhere else. Nothing will be lost by adding this amount. Only the capitalized interest which proves to be necessary will be charged against the project. Excess money can be invested at nearly the same rate as the interest on the bonds. Mr. Springsted noted that the $10,700 discount bidding is actually part of the interest cost; without this, the rate would be higher. Mr. Springsted noted that since the rate of the development is unknown, to buy time and gain experience he suggests that Lino Lakes issue 3 year temporary bonds. These would be callable in two years, coming due in 3 years, and the balance could be refinanced with definitive bonds or again with temporary bonds. The principal payment would be due at their maturity on Nov. 1, 1974. Making the bonds callable one year in advance of that date gives the Village the op- tion to refinance the bonds a year earlier if financial conditions warrant it. Mr. Springsted proposed that the sale of the bonds be held on Wednesday, October 27, 1971, at 8 o'clock P.M. The funds would be available about the middle of November. Mr. Gotwald had stated that he doubted we would have to pay the con- tractor before that time. Mr. Springsted assumed that the Village would like to use the Howard firm again for the approving legal opinion. Mr. L'Allier asked for questions- -there were none. Mr. L'Allier noted that at the joint meeting held with Springsted and Jandric people, it was agreed that Jandric would deposit the amount of payments due each year in a bank fund in the name of the Village, and these would be held until released by the Village. Mr. L'Allier inquired whether, if the bids were awarded today, whether we could require Jandric to deposit the $50,000 for the interest before we sold the bonds and could we request a letter from the bank stating that such funds were on deposit in the Village's name. Mr. Locher said yes, that it would be a prior lien. Mr. Springsted stated that he was asked for suggestions on how to handle the Metro Sewer Board charges for 1972. The statement of cost allocation shows the Lino Lakes 1972 charges to amount to $50,281.68, which is not the total amount, but left after a deferment of balance. The question is how will the $50,000 be paid. A large portion of the charge is for reserve capacity in the interceptor whether or not this project proceeds. Perhaps an adjustment would be made if the project is not hooked up in 1972. Mr. Springsted stressed that not all of the $50,000 is attributable to this project. If the entire assessment of $50,281.68 were to be enevly divided over these 150 users, the total cost would be $335.21 each, which would be nearly $28 per month. He suggested that an equitable approach would be to charge actual connections for the treatment works cost and the charges for Sewer Ser- vice Area No. 2. This would be a total of $19,320.86, which would amount to a monthly charge of $10.73 if spread evenly. over 150 units. Since the remaining $30,960.82 is attributable principally to reserve capacity, for which the Vil- lage is responsible, Mr. Springsted suggested that this could be raised by a general tax levy of 12.5 mills in which the presently benefitted area would also share. Mr. L'Allier asked what the reserve capacity in the interceptor was. Mr. Spring - sted stated that the two items in the cost total $160,000 of the $180,000 charged. He noted that Lino Lakes will have to pay this, even though the Jandric project does not go through, assuming that the sewer interceptor is constructed, but it has been deferred. He suggested that we treat this as an annual charge; that every year we will have a comparative or higher charge because of the deferment. Mr. Springsted stated also that many communities which asked did not get a deferment in such large amounts. Mr. Springsted felt we could only go to the tax levy for the $30,000 unless we make service charges. This problem will be discussed at the budget meeting. Mr. L'Allier noted that this cost allocation was under Plan A. Mr. Bohjanen asked if they would go with the $50,000 assessment when so far only appropriations have been made for engineering monies. Mr. Springsted stated that the inter- ceptor cost is in the 1972 capital budget program. The line could be done this year, but more likely in 1972. Mr. Gotwald stated that the engineering work for the interceptor was budgeted in 1971, to be done during the winter season; the first phase of the interceptor is in the Metro Sewer Board 1972 budget. Mr. Bohjanen asked how long it would take to build this. Mr. Gotwald felt that the whole line would not be completed in 1972; the engineering would be done during the winter for spring letting of the bids. The first leg of the interceptor would be constructed in the, summer of 1972. Mr. Gotwald felt that one year from now the first section to Chomonix would be done;, in the spring of 1973 the second section would be put into Centerville. The 1973 budget would be worked on about this time next year, so it would be some time before the line is completed. Mr. Gotwald stated that it was not yet clear when sewer would be extended to the Treatment Center. He noted that the line as far as Birch St. and Hwy 49 would, serve all the Village. Mr. Springsted noted that the Metro Sewer Board will want reimbursement. Mr. L'Allier stated that we will receive bills starting next January; so if no money has come in we will have to take the money out of the available funds. Mr. Gotwald explained his projection of 150 connections in 1972. There are an estimated 60 available connections in the Baldwin Lake Trailer Court and Motel. Actually, there are about 68 total connections, but with trailers moving in and out, he is using a figure of 60. In the Jandric home area, they predict a minimum of 15 homes being completed in 1971; 15 lots have been sold. The Clerk stated that the Assessor had found that 11 homes have been started so far. Mr. Gotwald stated that the Jandric projection for 1972 is for 50 family resi- dences and 25 townhouses. Mr. Gotwald noted that the estimate dos not include consideration of any homes along Birch Street or along the rest of the way. He noted that the contractors, will put in service connections for all homes along the interceptor, approxi- mately 20 -24, but these homes do not have to hook up unless they want to. Mr. Gotwald felt that next year we could decide on how to assess the charges. Mr. L'Allier reminded him that we had talked about a hookup fee of $500 for each 9/27/71 unit. Mr. Springsted noted that the charge was for capital costs, and that the annual cost fluctuates. Mr. Locher commented that there is not a per capita charge in the bond issue. Mr. Springsted stated that we could have built in the sewer assessment into the bond issue, but it would be poor fiscal planning. He reminded the Council that they needed to decide if we would procede with the $550,000 bond issue. Mr. L'Allier noted that he would not try to read the minds of the Metro Sewer Board, but he felt they didn't want the line built, but would rather save the land for a Metro park. If we don't proceed with this project, we will be playing into their hands. Mrs. Anna Bohjanen stated that she had talked with a representative of the Metro Sewer Board who said that if we are not hooked up to the interceptor, we do not have to pay the assessment. Also, that she had been told at a Metro Council budget meeting that the interceptor was not included in the 1972 budget, only the engineering costs were included. Mr. L'Allier noted that the Fiscal Agent had said that the costs for construction were included in the budget and that he would rather believe what the Fiscal Agent said than what someone had told her.,. Mr. L'Allier asked if it is legal for us to require Jandric to deposit cash before completion of the bonding. Mr. Locher stated that this was no problem, that it shows good faith. Mr. Bohjanen asked how long we could expect to keep the money in the bank that Jandric deposits if the line isn't built? Mr. L'Allier answered that we can dig into the $50,000 to make the payment if no assessments come in to cover the amount. Mr. Locher stated that any amount used for such would be replenished by Jandric. Per agreement to be drawn up by the Attorney, any money drawn out of the $50,000 would be replenished at the end of any given year, so that the money would be there each year. The original $50,000 is to be in a bank prior to Oct. 15, 1971 or under no circumstances, no later than the bond sale. Mr. Springsted noted that for further security a lien could be put on the property. Mr. L'Allier stated that this was cash in hand; if the hookups are not made, we could pay the interest and the cost would not go on the tax rolls which is our primary concern. Mrs. Sylvia Varier asked if we could get a Metro Sewer Board representative out to answer questions. Mr. Gotwald doubted if we could, that it would be better to go down there. He noted that it is the truth that we get conflicting stories since the Metro Sewer Board and the Metro Council are separate departments. He stated that the 1971 Metro Sewer Board budget included monies for the engineer- ing and the 1972 budget will include construction funds. Mr. Gotwald asked if we do not go ahead with this project, then what? He noted that when we originally authorized sewer for the Jandric project, there was no interceptor in the plans, but a treatment plant. The PCA would have gone along with a 5 year temporary plant and we had a letter from the Metro Sewer Board. The plans were drawn and ready for bids when the Metro Sewer Board decided they did not want a plant, but would put in a trunk line because of the problems in Centerville and the Treatment Center. If they do not build this interceptor we can go back to a treatment plant. Mr. Gotwald stated that a lift station was included in this project, that the sewage will be collected in a wet well and be pumped as required. The PCA allows trailer parks and others to do this. Mr. Gotwald saw no real problem if the interceptor if not constructed in 2 or 3 years. He thought that it would be hard to imagine the Metro Sewer Board and the Metro Council backtracking now, especially since there is a problem in St. Paul's water supply. 9/27/71 Mr. Gotwald said if there is no line put through, we could pull out the plant plans and re- submit them for approval. Mr. L'Allier noted that we had the PCA's approval, so it was okay to go ahead. The letter from PCA was read. Mr. Got - wald noted that there would be no bearing on the lateral projects if the inter- ceptor is not done for 2 -3 years. It makes no difference now if we build a plant later. Mr. Bohjanen said the controller from the Metro Sewer Board would be happy to cane out and explain the charges. Mr. L'Allier mentioned the letter received from Mr. Honsey of the Metro Sewer Board which accompanied the cost allocation and a 30 page dissertation of the charges in the budget; he showed the audience the copy of the Metro Sewer Board budget with the stamp of approval from the Metro Council which was dated September 15, 1971. 93 Mr. L'Allier reiterated that we had a cash guarantee of payment of assessments, that up to $160,000 of the $180,000 will go on the tax rolls with $50,000 to be paid next year; if there is no project the whole amount will go on the tax rolls. He asked the Council if they wished to authorize the Fiscal Agent to sell the bonds. Councilman Rosengren introduced the following resolution and moved its adoption: A RESOLUTION PROVIDING FCR THE ISSUANCE AND SALE OF $550,000 TEMPORARY IMPROVEMENT BONDS OF 1971 WHEREAS, the village has heretofore constructed an improve- ment designated as 1971 Water and Sewer Improvement Chomonik at an estimated cost of $550,000, and NON, THEREFORE, BE IT RESOLVED By the Village Council of the Village of Lino Lakes, Anoka County, Minnesota, as follows: 1. It is hereby determined that the sum of $539,300 is the amount which the Council deems necessary to defray the expenses incurred and estimated to be incurred in making the improve- ments and the amount of $10,700 shall represent in part the additional interest on obligations as authorized by Minnesota Statutes, Section 475.56. Any amount received in excess of $539,300 shall be credited to first interest. The village will assess the cost against benefited property and the council is authorized to issue and sell temporary improvement bonds pursuant to Minnesota Statutes, Section 429.091, Subd. 3. 2. In anticipation of collections of such special assessments, the village shall issue and sell Temporary Improvement Bonds of 1971 in the amount of $550,000, bearing date November 1, 1971, bearing interest at the rate or rates designated by the successful bidder, payable May 1, 1972, and semiannually thereafter on May 1 and November 1 in each year, and which bonds mature on November 1, 1974, subject to redemption on November 1, 1973 and any interest payment date thereafter in inverse numerical order at par and accrued interest. 3. The Village Council shall meet at the Village Hall in the Village of Lino Lakes on Wednesday, the 27th day of October, 1971, at 8 :00 o'clock p.m. for the purpose of receiv- ing and considering sealed bids for the purchase of said bonds and the Clerk shall cause notice of sale to be given by publica- tion at least ten days in advance of the date of sale in the official newspaper of the village and in Commercial West, a financial paper published in Minneapolis, Minnesota. The village will furnish printed bonds and approving legal opinion of Messrs. Howard, LeFevere, Lefler, Hamilton and Pearson, Minneapolis, Minnesota, both without expense to the purchaser. Sealed bids shall be required accompanied by a good faith check in the amount of at least $11,000. Bonds will 94 9/27/71 be made payable at any suitable bank designated by the purchaser. Delivery will be made within forty days after the date of sale. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Cardinal, and upon vote being taken thereon, the following voted in favor thereof: Mayor L'Allier, and Trustees Bohjanen, Cardinal, Jaworski and Rosengren. and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. Mr. L'Allier stated that the next item was the bids opened September 17th for sewer and water laterals for Lakes Addition #2 and the deep well bids. Mr. Gotwald stated that we will advertise later for the pumphouse. The bids to be considered tonight were first received on May 13, 1971; the sewer lateral pro- ject was re- advertised and bids received on Sept. 17th. Mr. L'Allier stated that if contracts were awarded tonight contracts must be prepared, and insurance and bonds be checked, by the Attorney for signature at the next meeting in order to be final. He noted that we did not readvertise the well bids, but that the low bidder, Keys Well Drilling Co., was drilling the well by agreement that if their bid was not accepted by the Village, Jandric and Keys would assume all risks. The Clerk read the letter of recommendation on the low bid of $14,693.00 from Keys Well Drilling Co. Mr. L'Allier read through the tabulation of well bids, mentioning that the range of bids ran from the low of $14,693 to $23,949. Mr. Cardinal moved to award the bid for Deep Well No. 1 to Keyw Well Drilling Co. in the amount of $14,693.00, and to authorize the Engineer and the Attorney to draw up the necessary contracts. Seconded by Mr. Rosengren. Carried unanimously. Mr. Gotwald stated that the bids on the sewer and water laterals did not include the pumphouse; also the lift station was not included in the tabulation. He will analyze the specs and costs on the lift stations which were bid. He expect- ed to have the figures ready in time to sign the contract at the next meeting. Mr. L'Allier read through the tabulation, noting that the bids ranged from the low of $298,656 to $387,298. The Clerk read the recommending letter from Geo. Gotwald dated Sept. 275h, recommending the low bidder, Marvin Rehbein Const. Co. Mr. Gotwald pointed out that we were unnecessarily delayed by the Metro Sewer Board business. He noted that the low bid received in May (of 9 bids) was $268,000, in 6 months time with the materials cost increase, the low bid was $30,000 higher. He admitted that $7,000 of that $30,000 was for additional pipe footage. Mr. Jaworski moved to award the sewer and water lateral contract to Marvin Rehbein Construction, being the lowest bidder at $298,656, and to authorize the Engineer and the Attorney to draw up the necessary contracts. Seconded by Mr. Rosengren. Motion carried with Mr. Cardinal abstaining. Mr. Jaworski moved, on Mr. Locher's suggestion, to authorize the necessary statement of the resolution to be drawn up for the bonding authority, the letter accompanying same and any incidental costs thereto. Seconded by Mr. Rosengren. Carried unanimously. There was some discussion on the assessments. Mr. Gotwald noted that most like- ly Mary Rehbein would like to get going in 10 days since it is late in the sea- son, and that if the developer and the contractor submitted letters that they would assume all risks by starting ahead of the bond sale, that he would recommend that the Council allow him to do so. 9/27/71 95 After receiving agreeable comments on this from the Attorney and the Fiscal Agent, Mr. Cardinal moved, on the recommendation of the Engineer and the Attorney that the Council authorize the starting of the construction prior to the sale of the bonds, if approached by the contractor or subcontractor, and that the Clerk would then write a letter to the contractor, to be drafted by the Attorney, which would state that he was doing so by his own risk. Seconded by Mr. Rosengren. Carried unanimously. Denny Houle asked about who accepts the work on the job. There was discussion on this with Mr. Gotwald stating that he makes all inspections. The hearing was closed at 10 :0$ P.M. Mr. Rosengren stated that Schifsky will do the surfacing on Rolling Hills Drive and Linda & Lauren as soon as weather permits. They have been examining the drainage problems in the Lakeview area. Mr. Jaworski moved to authorize hiring the Columbus grader to dig the drainage between Lakeview Avenue and our lot on Sunset Avenue. Seconded by Mr. Cardinal. Carried unanimously. Mr. Rosengren commented on the drainage correction in Sunrise Park which must be made if the new hockey rink is to go where planned, and on a problem near Grosvenor's place. Mr. Jaworski moved to authorize the Roads Dept. to make the suggested drainage corrections. Seconded by Mr. L'Allier. Carried unanimously. Mr. Rosengren had prices on 2 used gas pumps in the amounts of $175 and $225, as well as prices on 2 used printing gas pumps in the amounts of $365 and $475. Denny Houle noted that gas can be taken out of the ticket - printing pumps without the tickets. Roy Backlin mentioned that a switch for the pump was inside the garage and would be turned off after the pump was used. Mr. Rosengren also had prices on gas tanks as follows: a used 4000 gallon tank for $200 and a new 2000 gallon tank for $344.70; also e 1000 gallon tank for $160. He stated that the cost of regular gas from the County was 14;i per gallon plus State tax which would make 21¢ per gallon against the 30i +we pay now. He asked whether the Council wished to get ethyl gasoline for the police car or regular gas and have the police buy theirs elsewhere, noting that the County cost of ethyl was only 1 -2 more per gallon. It was decided to discuss this later. Mr. Rosengren stated that he felt we could install the tank and pumps ourselves; very little piping is needed since the pump will be located directly over the tank. Mr. Rosengren moved to buy the new 2000 gallon tank from Brown Steel for $344.70 and a used pump for maximum of $200. Seconded by Mr. Cardinal. Carried unanimously. The Village truck will haul the tank. Mr. Rosengren reported that he had gotten a bid on an 8'x12' metal sign with interior lighting, removable lettering on both sides, and guaranteed to be attractive, for $3000. Mr. Kasner from Naegele Outdoor Adv. will have a litho- graph of the design made for us. Mr. Locher noted that we need at least 2 bids. Mr. L'Allier asked about developments on Peltier Drive. The Clerk stated that she had tried to reach Mrs. Wilhelmy by phone with no success, and had written a letter on Sept. 22nd, to which she had not received a reply. Mr. Gotwald stated that he had talked to the surveyor some time ago, and that it was his opinion that the Village was in the right. An application for the installation of individual sewage systems, along with a bond and insurance certificate, from U.S. Lakes Development Co. was discussed. This is ostensibly for townhouse units and model homes which are to be rented to home buyers who cannot move into their homes until the sewer is finished. Mr. Rosengren moved to grant U.S. Lakes Development Co. a license for installing individual sewage systems, and to authorize them to install such systems for 96 the townhouses and model homes to be rented out. Seconded by Mr. Cardinal. Carried unanimously. Permits for each system are required. 9/27/71 Mr. Gotwald mentioned that the culvert had been placed in the ditch coming from the outlot in LaMotte's Second Addition, and that the ditch was open. He sug- gested that barricades be placed there temporarily. Mr. Cardinal moved to authorize installing barricades in the outlot. Seconded by Mr. Rosengren. Carried unanimously. Mr. Gotwald was asked if he had made final inspection of the road in LaMotte's Second Addition; he stated that he had, that everything was okay, and that he would send a letter recommending approval and releasing of the $500 held by the bank. Mr. Cardinal moved to accept the road in LaMotte's Second Addition and to stipulate that the $500 bond be released at such time as the Clerk receives the letter from Mr. Gotwald. Seconded by Mr. Rosengren. Carried unanimously. Mr. L'Allier recommended that because of a recent Attorney General's Opinion last month relating to plastic pipe as allowed under the State Plumbing Code, that it seems reasonable and appropriate at this time to have the P&Z look into the matter of amending our Ordinance No. 53 and accepting plastic pipe. There were no objections; the Clerk will write to Mr. McLean, asking that the matter be put on their agenda. Mr. Bohjanen reported that he had looked into the name plaques for the Council table and had two prices: $3.95 and $6.50 as well as a price on plastic for $1.95. He expected another bid less than $3.65. Mr. L'Allier had received a price of $180 on a bronze plaque for the outside of the building; this would be 1'x1 1/2', inscribed "Lino Lakes Municipal Building, Dedicated 1971" with the Councilmen's names and titles in 1" and 1/2" letters respectively. Four rosettes would hide the corner screws; the cost included the engraving. Mr. Cardinal noted that this plaque was to have been donated. After discussion, Mr. Cardinal moved to get the bronze plaque for $180.00. Seconded by Mr. Rosengren. Carried unanimously. Middle initials will be included. Mr. L'Allier reported that he and Mr. Jaworski had met with the Centerville Council last Friday night to discuss their request to meet with them to explore the possibilities of Lino Lakes providing police protection to Centerville. Mr. L'Allier had asked Mr. Locher whether we, as having a part time police force, could contract for policing. Mr. Locher had stated that we could because of the mutual aid agreements within the County. As to having a policeman who qualifies under the law regarding training requirements, Mr. L'Allier stated that our Chief Constable comes under the grandfather clause of the 1969 statute. Mr. L'Allier stated that he had visited with their Mayor later and had been told that Centerville had agreed unanimously to contract with us for policing until the, end of the year, and that this would be confirmed at their next meeting. After some discussion, Mr. L'Allier moved that Lino Lakes agree to offer police protection to the Village of Centerville effective October 1, 1971, until the end of the year, at a cost of $3.50 per capita based on the 1970 census, to be pro - rated, and that the Council authorize the use of Centerville's car after the matter of insurance is settled; also to authorize the Attorney to draw up the necessary contracts to be signed by the Mayor and the Clerk - Treasurer; and to authorize payment as per preference of Centerville on or before December 15th. Seconded by Mr. Jaworski. Carried unanimously. Mr. L'Allier requested the authorizing of hiring a 5th part time police officer. He noted that one of our police men is willing to quit his job and take the State - required courses with compensatory salary loss, which is rebatable to the Village by the State. This will be checked on. The department would like to keep two men in the car in the evenings; one of our men can only work days. One car would be kept on each side of the Village with the third car on call and for radar purposes. Mr. L'Allier moved to authorize the hiring of a fifth part -time policeman in order to have two men in the squad car in the evening at all times, and to authorize reviewing the existing applications and to take new applications for the position. Seconded by Mr. Cardinal. Carried unanimously. Mr. L'Allier asked the newspaper people to make nob of this in their papers and to mention that we would prefer applicants living in Lino Lakes. Mr. L'Allier asked the Clerk to write to Centerville that we have authorized a contract between the two communities on police protection. He also asked Mr. Myhre to start patrolling Centerville immediately, and that this fact be noted in the letter. Mr. L'Allier stated that he had received a letter, which was read, from Mr. Leo Kafka of Ware Road who would like the Village to change the name of his street to Viola Lane in memory of his wife. Mr. L'Allier moved to authorize the Clerk - Treasurer, per her request, to attend a 10 -week course in municipal accounting at the Anoka Ramsey State Junior Coll- ege, starting Oct. 7th, at a cost of $40 for tuition and textbook. Seconded by Mr. Jaworski. Carried unanimously. Mr. L'Allier read through portions of the proposed ordinance on regulating large assemblies. After correction and discussion, Mr. L'Allier moved to adopt Ord. No. 58 on the regulation of large assemblies. Seconded by Mr. Rosengren. Car- ried unanimously. The Clerk will change the wording "governing body" and "political subdivision" to read "Village Council" and "Village of Lino Lakes." Mr. Locher stated that the bond renewal for Berghorst Plumbing & Heating was in order, as were amendments to the certificates of insurance for Nathe Bros, Inc. and 0atis, Inc. Mr. Locher stated that the question had arisen as to whether or not the Clerk was obliged to accept affidavits of candidacy at times other than office hours. Mr. Locher stated that the answer was, "No "; that there is an Attorney General's Opinion that when regular Village office hours are set, the Clerk is to take no applications after the office closes; however, if the Clerk's office is conduct- ed out of her home, then she would be obliged to take applications until mid- night of the day filings close. Mr. Jaworski asked if the Deputy Clerk could take a filing, and if she could do so after a Council meeting. Mr. Locher stat- ed that the Deputy Clerk could take a filing if the Clerk authorized her to do so, but then she would be obliged to do the same for anyone else wishing to file at a different time. iMr. Bohjanen moved that, since Lino Lakes has estab- lished regular office hours, all filings for candidacy will be taken during office hours only. Seconded by Mr. Cardinal. Carried unanimously. Mr. Locher read a copy of the Attorney General's Opinion issued against St. Paul that cities cannot vary from the State Plumbing Code of 1969 as regards restricting the use of plastic pipe. Mr. Locher noted that this was not a court opinion, but that it was best to comply with an Attorney General's Opinion. A copy will be sent to the P&Z. There was discussion. Mr. Locher stated that he had talked with Dave Collins of North Central Public Service Co., Bill Molin, and Fred Burstein, Attorney for the Village of Circle Pines concerning gas service to Molina He mentioned the action taken by Lino Lakes reaffirming the position of the prior Council refusing extension of the 98 9/27/71 Circle Pines' line to ;violin. Mr. Locer stated that Circle Pines refuses to honor the action by the Council and will enforce their contract with Molin; they Piave threatened Molin with a lawsuit if they don't go through with the contract. Mr. Locher had found that Mr. Dannheim had agreed that if Circle Pines were paid for out -of- pocket expenses for the installation of the line that they would drop the contract. Mr. Burstein had said that North Central had offered $350 for the cost (by letter), but that Circle Pines felt that it had cost substantially more than this. Mr. Cardinal asked if this was for the line all the way from the Youth Center or just from the road into Molin. Mr. Locher stated that Circle Pines feels they are entitled for reimbursement for the whole line, and they are now insist- ing that Molin go with the contract. Mr. Locher stated that Mr. Molin had told him that Mr. Gibas had told him that he must go with the contract or face a law- suit. Mr. Bohjanen asked if the Utilities Company can enforce the contract without approval of the Circle Pines Village Council. Mr. Locher stated that he believed the Utilities was under the scrutiny of the Council; he felt this was unfortunate and that it would be a costly lawsuit. Mr. Burstein had stated that Molin was a valuable hookup to both Circle Pines and to our gas, and this should be considered if we exercise our option to purchase the gas system. Mr. L'Allier noted that the Council in 1966 and 1971 had reiterated the action of the 1966 Council indicating their wish for an area not to be served by Cir- cle Pines Utilities, and that it was our intent to abide by their decision. Mr. Bohjanen asked Mr. Locher if he felt that the whole line should be consid- ered or only the portion that North Central could use. Mr. Locher stated that Mr. Collins had felt the offer of $350 was more than it would cost North Central to build the line. Mr. L'Allier mentioned that the court expenses incurred by Circle Pines Utilities are assessed to the Lino gas system, i.e., we are paying them to sue ourselves. There was discussion. Mr. Locher noted that Molin wants gas by October 1st. He noted too, that under ordinance No. 41, North Central will defend any law- suits; he would like to talk with Jerry Simon on this; it may be desirable to go to court to straighten this out. There was discussion on the previous law suit which Circle Pines Utilities had brought against North Central in 1966. Mr. Locher noted that the case was held up by a judge who denied a temporary restraining order to prohibit going ahead with the franchise; Circle Pines had held up no note of issue after the second appeal was lost. There was more discussion with Mr. L'Allier observing that because of the Council action in 1966 and 1971, even if we had been approached by Circle Pines prior to laying the line we wouldn't have granted permission. Mr. Locher read the notice that he had served to Circle Pines on June 17, 1971, that they were in violation of their contract in that they had no express coca ant of the Lino Lakes Village Council to extend their lines. After further discussion, Mr. Locher stated that we could cancel the franchise, send a notice to Circle Pines, and, if they ignore it, file notice. He noted that Molin was caught in the middle and that their defense was that the circumstances were beyond their control. Mr. L'Allier moved to authorize Mr. Locher to do back- ground work suggesting steps to be taken for revocation of the Circle Pines Utilities franchise in Lino Lakes. Seconded by Mr. Bohjanen. Carried unanimously. Mr. Cardinal inquired if Mr. Locher had heard from the County Health Officer on the Hansen sand pit. Mr. Locher stated he had not, but he had heard from a fellow who had contacted the owner in Duluth and had offered $400 for the building and was turned down. After discussion, Mr. L'Allier moved to authorize the Attorney to send a letter to the owner of the gravel pit, stating that in view of the offer 9/27/71 of $400 made by Gene Peltier, and the fact that the buildings are a health hazard that he be given a certain time in which to remove the buildings; if they are not removed in such time, the Village will tear them down and apply the cost to the tax rolls. Seconded by Mr. Cardinal. Carried unanimously. Mr. Locher will check out the definite owner rather than the contract purchaser. Mr. L'Allier mentioned that concerning the petition brought at the past Council meeting to ban hunting in the Marshan and Geo. Watch Lake areas, he had talked with the owner of the leased property, and that the owner will abide by the action of the Council. The owner had noted that if we adopt an ordinance ban- ning hunting, he will not lease the land, but then it would not be posted and there might be more problems. Mr. Locher read a copy of Minn. Statute 102.9 on firearms. There was discussion particularly as to the distance to be kept from buildings. Mr. L'Allier asked the papers to no that no single- projectile weapons are allowed in Lino Lakes, and,that the areas are patrolled carefully. If was felt that this was a local matter rather than a general matter. Mr. L'Allier moved to purchase signs indi- cating no target practice or trap shooting and no use,of single - projectile weapons, and that these signs be placed at the front end of Marshan Lane in the highway right -of -way. Seconded by Mr. Jaworski. Carried unanimously. Mr. Jaworski moved to send a letter of intent to the lessor, the leasee and Mrs, Swanson, with copies to the people whose names appear on the petition, that there will be no discharge of weapons within 1000 feet of any residences, that we have ordinances prohibiting target shooting, trap shooting and the use of single- projectile weapons, as well as a nuisance ordinance which prohibits causing or allowing any unnecessary noises or annoying vibrations; also, that we have asked our police to patrol the area regularly. Any ordinance violations will meet with the usual handling, and continued violations may force the Council to adopt an ordinance prohibiting hunting in the area. Seconded by Mr. L'Allier. Carried unanimously. Mr. L'Allier moved to authorize as many of our police department as can go to attend another Trauma Course at Mercy Hospital in October at a cost of $2.00 each. Seconded by Mr. Cardinal. Carried unanimously. Mr. L'Allier noted that the police had their new blue uniforms. Mr. Backlin brought in some „itrs prohibiting trap and target shooting as well as prohibiting discharge of all firearms except shotguns. These will be used. Mr. Bohjanen moved to pay the bills as audited. Seconded by Mr. Jaworski. Carried unanimously. Mr. Cardinal moved to adjourn at 11 :52 P.M. Seconded by� . Rosengren. Aye. Minutes approved at the meeting of October 12, 1971 Clerk - Treasurer 10/1/71 The second 1972 budget meeting of the Lino, Lakes Village Council held on October 1, 1971, was called to order at 8:12 P.M. by Mayor L'Allier with all members present as well as Waldemar Hill, Accountant. Some changes were Made in allocations designated at the previous meeting due to revised figures. It was decided to increase the Assessor's salary to $3000 since her work has increased and State law changed the assessment year so that it must be done again in 1972. A change was made for additional animal control