HomeMy WebLinkAbout12/13/1971 Council Minutes11/22/71 1 a 3
Mr. Menkveld stated that in October of 1969 he had bought a couple pieces
which he bad been told would be rezoned under the master plan so that he
would not have to do the rezoning. Mr. L'Allier stated that he didn't
think we are in a position to adopt a master zoning plan by the year's end,
that we have been advised not to rezone the entire Village but to set up
guidelines and be flexible.
Mr. Rosengren moved to pay the bills as audited. Seconded by W. Cardinal.
Carried unanimously.
Mrs. Swanson stated that in looking over the minutes of the last meeting
she saw no mention of the $200 fine which was to be levied against Safeway
Movers. W. L'Allier stated that the Village can't levy a fine. Mr. Locher
stated that the court must fine a person; the penalty is up.to $300, 90 days
or both. Mrs. Swanson asked if anything had been done. Mr. L'Allier in-
dicated that Mr. Myhre had been told to issue a,tag, but W. Myhre stated .
that he hadn't been at the last meeting and didn't know about it. The
Clerk was instructed to send a letter to the police about issuing the tag.
Mr. L'Allier noted that it was quite possible that the court may throw
the case out.
Mr. Cardinal moved to adjourn at 12:42 P.M. Seconded by Mr. Rosengren.
Carried unanimously.
Minutes approved at the special meeting of December 14, 19
lerk- Treasurer
12/13/71
The regular meeting of the Lino Lakes Village Council held on December 13, 1971,
was called to order at 8:02 P.M. by Mayor L'Allier with all members present.
The Mayor noted that the procedings of this meeting were being recorded.
Correction was made to the November 22nd minutes. Mr. L'Allier asked for a motion
approving the minutes as corrected, but there was none.
Mr. Jaworski moved to approve the minutes of the December 7th special meeting
as written. Seconded by Mr. Rosengren. Carried unanimously.
Mr. L'Allier again asked for a motion on the November 22nd minutes. Mr. Cardinal
moved to accept the minutes as corrected. The motion died for lack of a second.
Mr. L'Allier asked that the record show that apparently the gentlemen on the
Council are not disposed to vote on the minutes of the Nov. 22nd meeting.
The Clerk reported receipt of $647.50 from the State for reimbursement of 1/2
the cost of the police radar -set purchased in July. The November settlement
was received in the amount of $42,985.89. The proceeds of the $550,000 bond
sale were received last Friday, and at the suggestion of Springsted, Inc., the
Clerk had caused the funds to be invested in Treasury bills to be held at
Centennial State Bank. She stated that if there were no objections she would
short -sell a sufficient amount of the treasury bills tomorrow to cover the
construction and bond - related bills to be audited this evening; the total of
these was $157,721.93. Instructions from the PCA had been received on their
amended ordinance on burning; she had made copies for the Council and Attorney.
Letters from the Metro Council on population estimates and levy certification
had been received; the estimated Lino Lakes population as of April 1, 1971 was
3,801. The instructions from the State on how to compute the budget levy had
been received today along with the given amount of state aids which we will re-
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ceive in 1972 which is $48,624.38. Mr. L'Allier stated that in that regard he
had talked to Wally Hill who could come tomorrow night to discuss this in order
to have the budget levy done by the 15th, even though this is short notice for
the Council. All agreed to meet the next evening at 8 o'clock on the budget
certification. The Clerk was asked to confirm this with.Wally.
The Clerk repc ted.receipt of a copy of a letter to Marvin Rehbein Contracting
from our Engineer concerning a change order; Mr. Gotwald stated.that he would
report on this later. The affidavit of publication on the extension of time
for the bid opening of the pumphouse and appurtenances until December 21st at
11 a.m. was in hand. The Clerk stated that she had made up a preliminary draft
of the form for application for building permits and asked for remarks on it.
Comments were favorable. Mr. Bohjanen moved to authorize the use of this form,
noting that we can always revamp it later if we think of something that should
be added. Seconded by Mr. Cardinal. Carried unanimously.
The Clerk.noted that the County requires a resolution regarding any snowplowing
services which we would like. The recommendation from our road department was
to have the County do the plowing on 64th Street both East and West o£.135E,
Hansen's Road, Cedar Street from the Centerville limits to 135E, LaMotte Road,
and the cut off service,road on Birch Street. Also, as in previous years to
exchange plowing on the West side of Centerville Lake for Peltier Drive in Centerville.
Mr. Bohjanen moved to adopt the following resolution:
RESOLUTION
BE IT HEREBY RESOLVED, that the Village of Lino Lakes authorizes the Anoka
County Highway Department to do the snowplowing for the 1971 -1972 season on
the following roads:
1. 64th Street, both East and West of I35E;
2. Hansen's Road;
3. Cedar Street from the Centerville limits to 135E;
4. LaMotte Road;
5. The cut -off portion of Birch Street now designated as a service road;
and that, as in previous years, Anoka County will plow the Village Road on the
West side of Centerville Lake in exchange for Lino Lakes plowing Peltier Drive
in Centerville.
Seconded by Mr. Rosengren. The motion carried unanimously.
The Clerk stated that she had checked the records and could not find a motion
authorizing the installation of street lights at the corner of Main and West
Rondeau or on Linda and Hodgson or on Linda and Laurene. Such authorization is
needed by the utility companies. After discussion, Mr. Rosengren moved to
authorize installation of the large street lights at the following locations:
1. Main Street and West Rondeau Lake Drive;
2. Linda Street and Hodgson Road;
3. Nancy Drive and Main Street;
4. Vicky Lane and Lake Drive;
5. Pine Street and Lake Drive;
6. 20th Avenue and Main Street.
Seconded by Mr. Cardinal. Carried unanimously. The Clerk stated that she had
talked with Anoka Electric on the street light for Main and West Rondeau. The
cost per year for a 450 Watt light is $51, which they would want in advance for
only 1 light to be serviced. There were no objections to paying this amount
in advance as extra money had been budgeted for street lighting in 1971.
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The Clerk reminded the Council of the question on Sign Permit Di which had not
yet been reissued to Brede, Inc. because of the access through the freeway fence
to inspect the sign. A document of lis pendens was received, but Mr. Locher
had advised that this was insufficient; this bad been sent back with a letter
in May, and nothing had been heard from them since. After discussion, Mr.
Cardinal moved to send a letter to Brede Inc. giving them 30 days to provide
specific evidence of any legal access to the sign location, or else the sign
permit will be cancelled. Seconded by Mr. Rosengren. Carried unanimously.
Mr. Cardinal moved to reserve the Village Hall on February 22, 1972 for the
DFL caucus per the request of Chick Jester. Seconded by Mr. Rosengren.
Carried unanimously.
The Clerk reported getting a call from Mrs. Clem Frazer regarding the mess at
the Bruder place next door, which still hasn't been cleaned up. It was noted .
that the case had bean taken to court a couple of times. Mr. Locher stated
that he had requested that it be placed on the court calendar again, that he
had talked with Mr. Astrup about it, and that Mr. Astrup will take another
look. The last time Mr. Astrup was there he had reported that it was about
85% cleaned up but apparently they slid back again since.
The Clerk asked the Council if they felt that an inspection fee for church signs
should be charged since we charge no sign fee. Mr. Bohjanen felt that the
churches keep up their properties pretty good and it wasn't important to watch
them. If anything shout happen, we could check it out. Mt. L'Allier wished
the record to show that unless there are some objections that at the present
time we feel there is no need for any charge. Mr. Locher stated that we
wouldn't be discriminating if we definitely feel they need no inspection, but
it's a question of whether they do or not. We inspect them for 2 purposes: safety
and esthetics.
The Clerk stated that she had compiled a list of ordinances to go in the new
building code as follows: Ordinances No. 6, 6E, 6 -0, 6Q, 21, 21A, 21B, 210,
22, 30A, 30B, 39, 39A, 52 and 53, and asked if this met approval. lair. Bohjanen
asked how many code books we had sold in the past year; the Clerk thought
about 3 dozen. Mr. Bohjanen felt that maybe the code on plastic pipe should be
waited on before printing them up. Mr. Locher stated that he had talked with
Daniel Klaus, Attorney for the City of St. Paul, and had been told that St.
Paul was not happy with the Attorney General's Opinion or with the Legislature.
They are not overly opposed to plastic pipe, but they are opposed to the fact
that the plumbing code does not set any standards for plastic pipes. He thinks
that the plumbing industry will discourage the use of plastic pipes and that
you'll only find them in low -cost housing, or where somebody wants to save
$30 -40. St. Paul is not going to challenge it; they do not plan to amend their
ordinance, but to let the State code prevail. Mr. L'Allier commented that he
didn't know about St. Paul, but that in some other areas there are a lot of
expensive homes being built with plastic pipe. He couldn't say that he's
an advocate of plastic pipe necessarily, but if the City of St. Paul is not
going to challenge it, I don't know how we can. Mr. Locher wouldn't recommend
challenging it.
There was considerable discussion. Mr. Locher noted that we can recommend on
the plastic pipe but that we couldn't require it or force it. Don Marier noted
that we can't discriminate on it, but he didn't believe that the State has
finalized what the code will be; its still pending; they will revise the
section of the Plumbing Code on the plastic pipe, probably this week. The
Clerk noted that she had bean out of code books for about 3 weeks. Mr. Jaworski
moved to have the Clerk make photocopies of the above listed ordinances to
make up a couple of dozen code books. Seconded by Mr. Cardinal. Carried unan.
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Mr. Rosengren suggested that we adopt the State code, since we have to, subject
to any changes they make. Mr. L'Allier felt that, we already have adopted the
State code with a few exceptions and that we can leave it as is until somebody
challenges it. He didn't think that the State wanted to make any changes in
the code but that they may be forced to by some court rulings. Mr. L'Allier
said that what bothers him about plastic pipe is that salesmen told us 2 years
ago that if it was used in close quarters where there is expansion and con-
traction within the walls, that there could be some cracking. Following more
discussion, Mr. Bohjanen made a motion to wait 30 days on the matter and put
it on the agenda then. Seconded by Mr. Jaworski. Carried unanimously.
The Clerk reported that she had ordered the 1972 dog licenses, had sent out
notices that the second half of the on -sale liquor license fee was due by 3 p.m.
on December 30th, and had mailed out the cigarette license applications. The
insurance policy on the vehicles had been received after 3 return trips to the
computer; the correct premium is forthcoming. A revised plat layout for
Chamonix South had been received: the condominium plans have been eliminated
and the size of the townhouse units increased to meet or exceed the code. The
final plat for Shenandoah was also received.
Mr. Cardinal had no report. Mr. Jaworski mentioned that the pond in front of
the Hall is being used for a skating rink, and that the kids are pretty much
cleaning if off themselves. He suggested providing a temporary warming house
for the kids and authorizing that the pond be flooded and cleaned off. Mr.
Rosengren noted thatRay didn't have the adapter fittings on the pipe yet, nor
was there a hose here, and he didn't think we should haul a hose all over. Mr.
Jaworski suggested the size of the warming house be 12'x20', but settled for
10'x20'. He mentioned a place that rents warming houses for the winter season,
but didn't have any prices. Following. considerable discussion, Mt. Jaworski
moved to build a temporary warming house of plywood on skids for a maximum
cost of $250. Seconded by Mr. Cardinal. Carried unanimously. (twice)
Mr. Jaworski stated that he had received a few calls on complaints on snow-
mobiles, but the callers weren't here for the meeting as they had said they
would be. Mr. L'Allier noted that he had received several calls as well.
Mr. Jaworski said that their main concern wasn't so much the fact that people
were abusing the law, but the safety of the kids who are driving them. Some
of the kids are 10 years old or younger and were driving in the streets where
they could possibly get hit by a car. He had contacted the Drifer's Snowmobile
Club; the President, the Secretary and several otheres were here. They felt
that in order to protect the rights of the people who own and operate snow-
mobiles in the manner in which they are supposed to be owned and operated, we
should come up with some type of enforcement policy so as to get the people
off our backs. They don't want the Council to become more stringent with laws
that are going to be ineffective.
One of Mr. Jaworski's suggestions is to give out warning tags to violaters, and
if they are children under age, to make them and their parents attend snow-
mobile safety classes, which will be given through the cooperation of the Club.
If the people fail to attend these classes we would issue a tag for the vio-
lation of the law which they committed. Mr. Jaworski stated that he believed
as of January 1, 1972 the owner of the machine is responsible for the machine
for the manner in which it is used. Mr. L'Allier felt it might be somewhat
easier to police some of the problem people, and mentioned that we had never
had a problem with the people in this Club or the other clubs in the Village.
The people we have been able to identify have been from outside the community
or those from the community who don't belong to some organized group. After
the first of the year all the records of the registrations will be put on the
master records of the motor vehicle dept. and be in with the regular motor
12/13/71
vehicle registration and license numbers. He noted that now if the number of
a snowmobile were taken down, that you had to go to the Conservation Dept.
during the day to find the owner; however, after this is implemented you will
be able to call 24 hours per day at the State and via the computer to get the
name out of it, so this will help the police.
The President of the Club stated that some of the members had volunteered their
machines and themselves to be on patrol and would patrol some of the areas that
are giving us problems. He noted that the surrounding communities have curfews
or other ordinances against snowmobiles and this is pushing the people in our
village. They are trying to work out a trail site and provide maps of it. Mr.
L'Allier noted that the County has an ordinance and the State has regulations
so we need not have one. The Club President stated that the pressure will be
relieved when the lakes freeze over sufficiently to run the machines on.
Mr. L'Allier asked Mr. Locher's opinion on the suggestion by Mr. Jaworski.
Mr. Locher stated that we would be all right as long as we gave a ticket,
but you couldn't enforce the class attendance otherwise, since there would
be nothing to do if they wouldn;t attend. But it would be ok to say on the
ticket that it will be a warning if they voluntarily attend the class, and
if not it will be a formal complaint.
There was considerable discussion. Mrs. Schwankl suggested that there be a
safety class for the adults since they don't realize the problems with the
kids. She asked if they could get the use of the Village Hall for this; Mr.
L'Allier felt they could. Mrs. Swanson asked if repeated violators could be
forced to pay for a permit to operate the vehicle in the Village. Mr. Locher
didn't feel we could discriminate against inside and outside the Village;
that if a ticket were given on a violation we could make recommendations to
the judge. Children under 18 would go to Juvenile Court under a delinquency
complaint and perhaps not be allowed to opwate the machine for a year. Mr.
L'Allier suggested that the Village Attorney be authorized to attend one of
the evening classes for a few minutes going into the law and what it means
regarding ramifications and penalties. Mr. Jaworski suggested setting up a
committee including Mr. Myhre, himself and some of the Club members to cane
up with some kind of program to follow that would be feasible to use, within
2 weeks or so. Mt..Bohjanen felt that an instruction meeting dbuld be set
up to begin with, and if they have any problems we can set up a study committee.
Mr. Jaworski moved that the Council go on record favoring the efforts by the
Drifter's Snowmobile Club to set up a safety course for adults and also to
authorize the Attorney at the request of the snowmobile club to appear at 1 of
their meetings for the purpose of advising them on the law as it relates to
snowmobiles. Seconded by Mr. Cardinal. Carried unanimously.
Mr. Jaworski moved to table the suggestion that he had made .in regard to
issuing tickets with the stipulation that the person must take the safety
class. Seconded by Mr. Rosengren. Carried unanimously. Mr. L'Allier asked
that the minutes show that the Council is agreeable to the Club using the
Hall for the conducting of these classes and that this will depend upon the
evenings available. Also, they should check with the Attorney to see what
evening would be best. He thanked the members for coming.
Mr. Rosengren reported that the gas tank and pump have been installed. The
Clerk stated that the gas had been ordered and should be here tomorrow; Mr.
Baekiin had taken care of the matter. Mr. Rosengren asked the Clerk to tell
Mr. Backlin that several of the streets, particularly blacktop, were slippery,
and to sand them, including Pine Street.
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Mr. Rosengren had checked on a disc sander for the new truck which would cost
about $1300 installed. The old sander is a box type, whereas the new one is
a spinner and would cover the whole street in one trip. The new truck is
equipped to take this type. He thought we could sell the old one for $100.
Mr. Rosengren also felt that we should adapt the old one -way plow to the new
truck which would cost about $100 to put the Husting hitch on it. Mr. Rosen-
gren made a motion to adapt the one way plow from the truck we were trying to
sell to the new truck. Seconded by Mr. Cardinal. Carried unanimously.
Mr, Rosengren asked the Clerk if she had been contacted by a salesmen on signs
for the Hall, and was told no. He said that these were illuminated signs,,
aluminum with fiberglass covering, which came in 2'x4' sections, are double
faced a quite attractive. The man will probably come to the next meeting
and would have some other models to show us.
Mr. Rosengren felt that the burning problems were getting worse every day
and thought we should establish garbage collection, noting that we have 3
years to do it. Mr. L'Allier stated that we have requested a variance on
this burining ban. Mr. Locher stated that the collection could be either
private or municipal as long as it was adequate. It was felt that we should
wait for figures on how much money would be saved by going to the disc sander
before taking any action on it.
Mr. Bohjanen stated that he had finalized a meeting with the 2 fire chiefs
for next Monday at the Hall at 8 P.M. to evaluate the new lines. He had
received the requested figures from the Assessor. Mr. Bohjanen asked if Mr.
Myhre had issued a tag on Safeway Movers; Mr. Myhre stated that he had.
Mr. Bohjanen stated that he had 2 contacts on tape recorders; neither party
could make it tonight, but would like to demonstrate their units and will
make a formal contact. Mr. L'Allier asked the Clerk if she had a bid on the
unit being used tonight and was told no, that the company, Wahl & Wahl, were
compiling prices for a similar unit which uses discs. The discs are much
cheaper than cassettes, about 15¢ each. Such a unit has been installed in
South St. Paul. Mr. Bohjanen mentioned that 1 of his contacts had a kind
of tape recorder that you can play back slow and type every word, and con-
dense the meeting down where you can do them in half the time. One other
unit has speaker systems for PA. They will contact the Clerk to get on the
agenda.
Mr. L'Allier read the November police report for Lino Lakes as follows:
3,540.5 miles driven, 635 home & business checks, 19 assists to/by other
Dept., 16 complaints, 8 aids given to motorists, 6 domestics, 5 accidents,
3 acts of larceny, 3 burglar alarms (all false), 2 stolen items recovered,
1 dog call (turned dog over to catcher), 1 emergency message delivered, 1/2
hour spent at M.R.D.C. (Youth Center) concerning possible escapes.
Mr. L'Allier read the November police report for Centerville as follows:
1,213.5 miles driven on Centerville squad car, 318 home & business checks,
2 acts of disorderly conduct, 2 open doors found during checks, 2 motorists
given aid, 1 complainant and 1 pick -up on a mental commitment.
Mr. L'Allier stated that he had chosen persons to serve on the enviromental
committee established under Ord. #58 which was adopted recently. They will
serve 2 years staggered terms. For Chairman he had chosen Amer Hawkins,
who, in conjunction, had submitted his resignation from the Park Board
effective December 31st. Mr. L'Allier read the resignation, in which Mr.
Hawkins stated that he could be of more use to the Village on this committee.
The other members recommended by W. L'Allier were: Gerald Clausen, Art
Robyn, Mrs. Clifton Brisson, and Mrs. Delbert Sawyer. Although the ordinance
sets forth an annual meeting, Mr. Hawkins felt that he would like to see
monthly meetings, which W. L'Allier recommended that they do. W. L'Allier
moved to accept Mr. Hawkins' resignation from the Park Board effective Dec.
31st, and authorize a letter be sent to him in appreciation of his service.
Seconded by Mr. Jaworski. Carried unanimously.
W. Bohjanen moved, to approve the appointments just made on the Commission of
Enviromental Quality. Seconded by Mr. Jaworski. Letters of the appointment
will be sent. Motion carried unanimously.
Mr. Locher stated that he has the deed from the County that we have been wait-
ing for on the road running East and West of Baldwin Lake Road in Section 31,
dated November 23, 1971 and delivered to him a couple of days later. This
will have to be approved by the Council and the Clerk must accept this in
writing. Mr. L'Allier mentioned that this was the road the County denied
owning or having title to, but now are deeding over. He assumed that we
would accept the road for partial maintenance. Mr. Bohjanen agreed that was
what was said the last time. Mr. Rosengren wondered if we take it over under
these conditions will it be for partial maintenance. W. Locher stated that
we do not have to improve it unless we wish, and if there are specific large
scale improvements they are to be paid by special assessments. He showed the
road on a map. The limits of the road were discussed. Mr. Locher stated that
the St. Paul Water Works Dept. did not lease the road with the park property.
Mr. L'Allier suggested a temporary cul-de -sac.
Mr. Locher stated that the County also conveyed rights they didn't have which
were in the original deed from Hilton's in 1954. Mr. Jaworski asked if this
was considered a turnback and was told no. Mr. Locher stated that anybody who
wished to challenge ownership of the road would have to go to court. He asked
if we hadn't maintained the roadway somewhat in the past. Mr. Rosengren stated
that the maintenance was very partial; he didn ;t know if we hauled in any
material, but we had done some snowplowing. Mr. Locher said this would do it.
He noted that the deed was on a 'county form. Mr. L'Allier reiterated that we
had gone on record saying that we would accept the deeds. Mr. Bohjanen moved
to accept the deed from the County for a street to be given partial maintenance
having the following legal description.
An easement for roadway purposes, described as follows, to -wit:
A strip of land for roadway purposes sixty (60) feet in width, the center line
of which is described as follows:
Beginning at a point six hundred seventy (670) feet East and two thousand three
hundred seventy -eight and 08 /100 (2378.08) feet North of the Southwest corner
of Section Thirty -One (31), Township Thirty -one (31), Range Twenty -two (22),
Anoka County, Minnesota; thence East parallel with the South line of said
Section one thousand four hundred fifty (1450) feet more or less to the West
line of the St. Paul Water Works right -of -way; and the Village of Lino Lakes
shall have the right to use and remove all earth and other materials lying
within the parcel of land hereby conveyed and the right to construct and
maintain, upon the lands adjoining the parcel hereby conveyed, such snowfences
as it may from time to time deem necessary.
and to authorize the Clerk to sign the acceptance of the deed. Seconded by
Mr. Rosengren. Carried unanimously. Mr. Locher stated that he assumed that
he could now file these deeds; he will get the form and the legal description
to the Clerk.
Mr. Gotwald read the letter he had written in regard to the completion of
Deep Well No. 1 in the Chamonix area by Keys Well Drilling which he recommend-
12/13/71
ed paying. This included a change order which should be signed. The contract
amount of the.well was $14,693 plus the additional for the change order for a
12" casing. He noted that the original specs had called for a well delivering
6000 gallons per minutes; the new casing is producing as high as 18,000
gallons per minutes or 3 times as much. Mr. Rosengren moved to pay the final
payments to Keys Well Drilling in the amount of $15,988.00 and to sign the
change order. Seconded by Mr. Cardinal. Carried unanimously.
Mr. Gotwald read his recommending letter on partial estimate No. 1 from
Marvin Rehbein Contracting and recommended paying the amount of $113,941.93.
Mr. Rosengren moved to pay the bill from Marvin Rehbein for work as of
November 1, 1971 in the amount of $113,941.93. Seconded by Mr. Cardinal.
Carried unanimously.
Mr. Gotwald produced a change order from Marvin Rehbein which entailed a
change in the original plans. Mr. Gotwald felt that the change was necessary
and showed diagrams of the change.. It would eliminate the planned sewer
lines in Pheasant Run and Captain's Place and would add sewer line across the
golf course and in Cutlass Circle. The trenching will be different since
this spot is extremely wet. The contractor wants approximately $24/ft. for
trenching which is, $12 more per foot than for trenching in the eliminated
area which is dry. George. had checked the trenching cost of the next lowest
bidder and found that the Johnson Bros. price was .$32 /ft. at the same level,
and that the other bidders were higher yet, so that he felt this request
was reasonable. The amount of footage agreed to was a maximum of 567 feet
to be trenched. Mr. Gotwald stated that the end result will be no greater
than originally bid. There was discussion. Mr. Gotwald noted that the reason
Mary had the low bid was that he knew that a considerable portion of the
land was dry since clay.
Mr. Gotwald stated that this change would give Jandric a chance to develop
several additional lots along Cutlass, Circle; also, Jandric had no immediate
plans to develop along Pheasant. Run and Captain's Place because this is low
land which would require much filling and testing before building permits
are allowed. Mr. Gotwald will produce tracings showing the as-builts when
the sewer lines are done. He noted that the water line was to have been put
across the golf course now anyway, and that it would have been difficult to
have put in a deeper sewer line only 10 feey away later. Answering a ques-
tion from Don Metier, George stated that the footage being eliminated is
about 100 ft. The minimum depth is 10 ft., the deepest on this job is 18 ft.
to 22 ft., this portion 14 ft. to 16 ft. deep. The difference in cost per
foot between the 2 acreas is $12.00; the additional cost on the change order
if they put in the entire 567 ft. will be about $400 more. We will get a
refund if there is less footage. Carley has a fulltime inspector on the
job wheneven ehbein turns a shovel.
Mrs. Swanson asked who owned the golf course and was told Jandric. She was
also told that the residential area wraps around the golf course, and that
the area to be served with sewer was more apt to be used than that in the
section being eliminated, as well as other information. Mr. Gotwald noted
that the average elevation above the lake in that area is 8 or 9 feet. Mr.
Bohjanen asked if this would come under the amound bid and was told yes.
Mr. L'Allier reiterated what was included in the change order. Mr. Bohjanen
noted that the project to be eliminated would have to be re- entered later as
a separate improvement. Mr. Rosengren moved to approve the change order as
requested by Marvin Rehbein Contracting Co. with the stipulation that the
eliminations be included in writing on the change order. Seconded by Mr.
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Cardinal. Carried unanimously.
Mr. Gotwald stated that we did take bids on Thursday for the electric motor
and pump; he will have a report on that at the next meeting as well as on
the bids to be taken on Dec. 21st on the pumphouse and controls. He stated
that the project is about 80% completed as far as sewer and water is concerned.
Mr. Gotwald estimated that he would.have. the exact assessment figuresin 30
days. They had previously given an approximate cost of assessment per lot
of $2300, and noted that at one time they had talked about charging $3000 for
clearing the titles plus another half. Mr. Gotwald stated that the developer
wants 7 or 8 hookups now. He had called the Clerk and told her not to issue
any hookup permits until we have a temporary agreement and he has written
that the line has been checked and found acceptable. He thought that in 1 or
2 days the corrections in the line should be done and he would be able to
write the letter this week to include a portion of the line in the Village
system.
The amount of the hookup charge was discussed further as was the setting up
of various bookkeeping funds to handle the incoming fees and assessments. Mr.
Bohjanen asked how many completed homes were over there now; Mr. Waalen said
that 11 were fully completed. Mr. Bohjanen said that he had been over there
and couldn't count 11. Mr. Waalen thought that he had probably noticed that
some of the homes were without the siding, which gives the appearance of an
uncompleted home; they had had problems with the siding contractor, but the
siding will go on this week. Otherwise, the homes are complete inside. Don
stated that there are 15 homes under various stages of completion of which
the 11 are fully completed. Seven families are patiently waiting to move in.
The underground wiring is going in now. Mr. Gotwald stressed that even
though the Council makes an agreement on the hookup fee tonight, we still
must wait for his letter of approved inspection before issuing the hookup
permits. It was decided to discuss the bookkeeping with. Mr. Hill tomorrow.
Mr. Bohjanen was worried that the hookup fees received would not cover the
entire Metro Sewer assessment. Mr. L'Allier noted that in addition we would
be receiving the utilities assessments also.. Mr. Gotwald stated that the
$500 or whatever we decide on would be what everyone would pay to hook up
regardless of where he was located. Mr. Locher asked if the Metro Sewer
was charging a hookup fee per unit too; Mr. Gotwald stated no, that he had
talked to them about it. Mr. L'Allier stated that we must decide on an
inspection fee for the hookup also; he had talked to the Plumbing Inspector
who thought that $10 -$12 was a fair charge to make sure that all was in order
on the hookup. Anna Bohjanen asked if we had talked at all about a water
hookup fee since we need money to operate that too. Mr. L'Allier explained
that this would be on the agenda later.
There was discussion on the number of hookups expected with Mr. Gotwald giving
the estimated figures previously reported in the bond sale booklet. Don
Marier felt that $500 was too low for the hookup fee. Mr. Bohjanen felt we
should start with a high enough fee so that it can be reduced later as we
have development. Mr. Gotwald felt there would be no rebate to those who
hook up now at a high fee if the fee were reduced later, noting that those
who pay lesser hookup fees in a few years are probably going to pay 25% more
for increased construction costs through their assessment charges.
Mr. L'Allier reiterated that the position the Council has taken is that this
will be paid by the immediate benefitting property owners, that there was a
question of whether we should assess an acreage charge now to people who will
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derive no benefit from the sewer for many years to come; maybe the next
Council will change this. Mr. L'Allier noted that in Blaine there were areas
where land owners asked to be excluded from the assessments until they devel-
oped their land; at such time they will have to pay the entire assessment
which will be more. He noted that the hookup charge would be set by ordi-
nance and could be changed by any Council. W. Gotwald mentioned that this
would be a temporary agreement so that these people can hook up. W. L'Allier
stated that we can't compare Lino with any other community because we
don't have any houses on sewer; the other did and had $100 assessments. They
didn't have this kind of a metro bill staring them in the: face. W. L'Allier
stated that the Engineer and the Attorney have advised that we can't charge
100% of the Metro assessment against the developer or just those people,
since the line has capacity for the whole Village. A portion of that has to
be put on the tax rolls or they feel that we would be discriminating and not
doing it legally. If we want to get challenged in court that's another thing.
Anna stated that she thought there are some communities that refused to put
it on the general tax rolls. W. L'Allier answered that the Council doesn't
have to pay it next year and they may so choose; we didn't pay the assessment
this year.
After more discussion, W. Jaworski made a motion that we set up a $500' hook
up charge and a $12.00 inspection fee, contingent upon a letter of acceptance
from the Village Engineer being provided to the Clerk before any permit could
be issued. Seconded by W. Rosengren. W. Bohjanen asked if we weren't
going to leave this open so that it could be changed and not be $500. W.
Jaworski stated that this was only tefl•.rary; W. L'Allier noted that it
depends upon whether it is determined at we need more. Carried unanimous]
After more discussion, W. Rosengren made a motion that Lino Lakes would not
give clear title to any parcels of land in Lakes Addition No. 2 until one and
one -half (1&1/2) times the assessments that the Engineer comes up with is paid
prior to releasing the clear title, and that the money is to be paid to the
Clerk. Seconded by W. Cardinal. Mr. Locher noted that there are two stages,
one is that if the lot were to be sold without construction then the 1 1/2
assessments would be paid before the deed would be given, and the other is if
Jandric were to build on the lot then the 1 1/2 assessments is to be paid be-
fore the permit is issued, so we have control both ways. W. L'Allier noted
that we have to provide for the homes that are there already and release the
title only after payment of the 1 1/2 assessments has been made. The motion
carried unanimously.
W. Jaworski moved to authorize the Clerk to transmit a letter on the above
to the parties involved. Seconded by W. Cardinal. Carried unanimously. Don
Waalen asked for clarification, noting that with most of the sales there is a
mortgage, and until the assessments are certified to the County they are con-
sidered pending assessments; the mortgage company will protect the Village and
the home owner by withholding from the proceeds 1 1/2 times the estimated
assessment cost. He wondered if this 1 1/2 times is to be added to what
comes to the Village, which would be duplication which they would like to
avoid. He would like to see something worked out with the mortgage company so
that a letter can be sent that the assessments are being held by them until
such time as the assessments are due and payable to the Village. W. L'Allier
didn't see anything wrong with that* but noted that we are saying that the
assessments are due and payable now to the mortgage company. W. Locher
stated that this was right as soon as they are certified to the County, and
that this was agreed upon between him and W. Busch, attorney for U.S. Lakes,
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after the meeting we had in July. An agreement will be drafted that 1 1/2
times will be paid at the issuance, whether or not if is spread out. They are
due now if built on, but will be spread out for the lots that aren't going to
be built upon over a period of time. If the title is transferred, then 1 1/2
times is due or the balance. Don maintained that they are not due until
certified to the. County. Mr. L'Allier stated that we want to protect our
interest by withholding 1 1/2 times the assessments; we won't release the
title until the assessments are certified, which won't be done until we get
the letter from George. Mr. Locher noted that after paying the extra 50 %,
sometime in the future after 2/3 of the lots are sold that the 1/3 lots left
will be free and clear of assessments; this assures the Village that they
will have money with which to pay the interest and to retire the bonds too.
He didn't think we would have a problem working it out with the mortgage companies.
Anna Bohjanen asked how do we establish a water hookup fee or won't you do
that until a later date and go back to Chomonix. Mr. Gotwald explaines that
the problem we have now is that we have a well, but we don't have the pump -
house, motor, pump or electronic controls, which won't be all completed until
March probably. In the meantime they're getting an okay from the State
Board of Health to drill in a 6" temporary well, so they'll be using their
own well. We will turn on the public system by the time we have come up
with an ordinance which will deal with the actual costs, etc. Mr. Gotwald
made several recommendations that might be included in such a utilities
ordinance, as well as to recommend that the Plumbing Inspector see that any
of the hookups have a spacer put in now for use later with a meter.
Mr. Cardinal moved to authorize the Engineer and the Attorney to rough out
a utilities ordinance and to get copies back to the Council as soon as possi-
ble, this along with some rates from other communities, types of meters
used, etc. Seconded by Mr. Jaworski. Carried unanimously.
The Clerk stated. that Mr. John A. Quinlan, new owner of the Aragon Ballroom,
had applied for the following licenses: cigarette for December only, dance
for Saturday dances, benefits and other bookings; on and off sale 3.2 beer.
She had asked Mr. Myhre to check him out for approval of the setup license.
Mr. Myhre had checked as far as possible without a birth date. Mr. Quinlan
gave his birthdate as 7 September 1946. The Clerk noted that Mr. Quinlan had
not paid his fees. After discussion, Mr. Cardinal moved to approve the
licenses requested by Mr. Quinlan effective December llth. Seconded by Mr.
Rosengren. Carried unanimously. Mr. Quinlan asked for information on when
the payments were due and when the licenses expired. He plans to make an
apartment in the basement of the Ballroom. Mrs. Swanson asked if the property
was zoned commercial; Mr. L'Allier assumed it was but didn't know for sure.
The Attorney and the Clerk both felt that it was, but that there was no
ordinance for the rezoning. Mrs. Swanson felt the Council should check on
this first.
Glenn Rehbein asked how we were doing on the final plat of Shenandoah. The
Clerk had received nothing from the County. Mr. Locher had the title opinion;
he had searched the abstract and found that Glenn's attorney must clear the
life estate of Maria Lehman before clear title can be given. Mr. Locher
noted the objections in the Engineer's letter of Nov. 15th. The question of
the access directly onto County Road 10 on lots 2,3, & 4 had been worked out
by a backup portion on each one of those lots. George stated that the objec-
tion on the 50' easement came from the County Hwy Engineer's office and not
the Surveyor's office, so we must see if the Surveyor will accept the 50'.
Mr. Locher stated he could advise.the Council that the plat could be adopted
upon the approval of the County Surveyor and the signing of the hardshells
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by him, and approving the signing by the Mayor and Clerk with the under-
standing, of course, that the roads are not accepted for maintenance until
they are put in. Glenn felt that the County would sign the hardshells very
soon. Mr. Gotwald reminded Glenn that even though he will build his own
roads he must post a bond of 1 1/2 times the estimated cost of construction.
However, he can get building permits on lots fronting on Were Road and Birch
Street upon approval of the final plat. Mr. L'Allier requested that the
County Surveyor and the Engineer call him and the clerk when everything is
approved for the signing of the plat.
Mr. Cardinal moved to approve the final plat of Shenandoah providing that
all the objections and stipulations are met, and that the County Surveyor
signs the plat, a call is received from the Attorney and the Engineer that
they approve the plat, that a bond in 1 1/2 times the amount of the Engineer's
estimate of road construction be posted, that the life estate of Maria
Lehman is taken care of, and the the Mayor and the Clerk- Treasurer be
authorized to sign the hardshell copies thereafter. Seconded by Mr.
Rosengren. Carried unanimously.
Mr. L'Allier asked Mr. Gotwald to send a letter to the Council confirming
his call that things are in order with the Shenandoah plat and that it can
be signed. Mr. Gotwald mentioned that he had already checked the plat in
accordance with the preliminary requirements, so it is up to the County for
approval.
Mr. L'Allier mentioned that the Clerk wished to know whether the Council
wanted to go into a double entry type of bookkeeping which will mean buying
a few more books and things. Mr. Bohjanen stated that he would like to
wait on this until tomorrow night.
Mr. Cardinal moved to pay the bills as audited. Seconded by Mr. Jaworski.
Carried unanimously.
Mr. Cardinal moved to adjourn at 10 :55 P.M. Seconded by Mr. Rosengren. Aye.
Minutes approved at the meeting of December 27, 1
Clerk- Treasurer
The special meeting of the Lino Lakes Village Council held on December 14,
1971 to consider the levy limitation for the 1972 budget was called to order
at 8:12 P.M. by Mayor L'Allier with all members present as well as Mr. Hill.
Mr. Cardinal moved to waive the requirements and notices for the special
meeting. Seconded by Mr. Jaworski. Carried unanimously.
Mr. Bohjanen moved to adopt a resolution that it is the Council's intent
that the terms of the members appointed to the Enviromental Commission at
the meeting of December 13th run as follows:
Mr. Arthur Hawkins 3 year term
Mr. Gerald Clausen 3 year term
Mr. Arthur Robyn 2 year term
Mrs. Clifton Brisson 2 year term
.Mrs. Delbert Sawyer 1 year term.
Seconded by Mr. Cardinal. Carried unanimously.
Mr. L'Allier asked Wally Hill his opinion on going into a double -entry system
of bookkeeping for the Village. Wally stated that the State recommended the