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HomeMy WebLinkAbout02/28/1977 Council Minutes1 1 1 February 28, 1977 The regular meeting of the Lino Lakes City Council was called to order at 8:05 P.M. by Mayor Bohjanen. Council members present: Karth, McLean, Schneider, Zelinka. Mr. Locher and Mr. Gotwald were also present. Mr. Karth moved to approve the minutes of February 9, 1977 as presented. Seconded by Mr. McLean. Motion carried unanimously. The following additions and corrections were made to the minutes of February 14, 1977: ..on page I, paragraph 4, Mr. Zelinka asked the date of February 17, 1977 be inserted; ..on page I, paragraph 6, the attorney added to the motion, "and waive bond require- ments and declare a community interest action ", ..on page 2, 1st line, insert the word 'not' after the word, 'had'; ..on page 2, paragraph 7, delete the word, 'been', after the word, 'had', in the first line; ..on page 4, paragraph 5, change the 'Register of Deeds' to 'County Recorder' in two places. Mr. Zelinka moved to approve the minutes with the additions and corrections. Seconded by Mr. Schneider. Motion carried with Mr. McLean abstaining. The following additions and corrections were made on consideration of the minutes of February 23, 1977: ..on page 1, paragraph 3, delete the phrase, 'demands of the Metropolitan Council', and insert, 'City of Lino Lakes' Resolution;' ..on page 2, paragraph 9, after the word, 'ordinances' in the third line, add 'defining urban and rural service areas'; Mr. McLean moved to approve the minutes as corrected. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Roger Kolstad, representing Sunset Oaks Plat, appeared before the Council re- questing permission to obtain building permits in that plat in order to erect some model homes. Mr. Kolstad said, these homes would be constructed with the specification of no occupancy until the plat is either approved or disapproved. Mr. Kolstad said there has been some delay in getting the final surveying done. After the survey work is completed, the plat must be sent to the County for final approval. He felt there could be a delay of possibly two months. The models should be started now in order to be ready for the opening up of that plat. The descriptions would be gotten from Mr. Tilsen on a meets and bounds legal, but the deed would not be recorded. When the plat is approved, these lots would then revert to the lot and block description. If the plat is disapproved, then the lots would be sold with the meets and bounds description.since they are large enough to meet City requirements. Mr. Locher was asked the advisability of this action and he said, if the deeds are not filed and title transferred, then there is no problem. If the title is trans- ferred, it involves the signatures of all the land owners when the plat is filed and creates quite a problem. Mr. McLean asked how many permits they are requesting and Mr. Kolstad said, six or eight; there are three models and three lots are sold. Mr. McLean asked if these lots are on existing roads and Mr. Kolstad said, yes, they are all on County 21 February 28, 1977 roads. Mr. McLean asked Mr. Locher if this would be setting a precedent and Mr. Locher said he would rather see it go this way then by meets and bounds. If land is transferred by meets and bounds, there is always the possibility of overlapping the descriptions. If the plat fails, then the title would have to go by meets and bounds, with the 150' frontage and 22 acres. Mr. Kolstad was asked if these lots are contiguous and he said, No, they are scatt- ered - the lots they are requesting building permits for are lots #33, 70, 76, 65, 57 and 62. There would be no occupancy until the plat is final or refused. Mr. Gotwald felt this was permissable as long as they are for models and nothing else. Mr. McLean asked how long it would take to construct the models and Mr. Kolstad said, about two months. This would coincide with the anticipated plat final approval. Mr. Zelinka had reservations on the approval of these building permits. He felt that somehow or other when the City Council allows this sort of thing, the City ends up holding the bag. Mr. McLean moved to approve the issuance of building permits for lots #33, 65, 76, 70, 57 and 62 in Sunset Oaks Plat with the stipulation that no occupancy of these homes will be permitted until the final plat is approved by the City Council. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Locher reminded Mr. Kolstad, that if the plat is not approved, the lots must have 150' frontage and contain 22 acres. Mr. Kolstad said all these lots meet those requirements. Mr. Jaworski, from the audience, said the Council had approved two plats in the same area - has the Planning and Zoning Board considered the Comprehensive Land Use Plan in conjunction with these. approvals. Mr. McLean said the plats are con- sistent with the Comprehensive Land Use Plan. Mr. McLean said there had been many changes in conjunction with the overall Comprehensive Land Use Plan since it had been approved. Some of the land originally suggested as commercial is now being suggested for agricultural in order to meet the density standards as set by the Metropolitan Council. The Clerk presented the following items for Council consideration; ..The Crossways Gun Club had dropped off a copy of an application they are submitt- ing to the Rice Creek Watershed District and the DNR for permission to clean the channel on the East side of Rondeau Lake. Mr. Gotwald looked over the application and said the Council cannot consider this because 1) a set of plans must be sub- mitted; 2) there is no material for review. He would suggest no action of this until this material is available. Mr. McLean moved to have the Clerk write to the DNR and the Rice Creek Watershed District asking for these drawings. Seconded by Zelinka. Motion carried unanimously. ..Read a letter from the Metropolitan Waste Control Commission asking for the curr- ent and proposed number of homes served by sanitary sewer systems in this City. The Clerk was instructed to answer that in the next one to five years, the 700 hook ups allocated to this City would be used. ..A letter from the Anoka Comprehensive Health Department had been received notify- 1 1 1 February 28, 1977 ing the City a luncheon meeting to discuss the Safe Drinking Water Act has been scheduled for March 9, 1977 at the Town Crier Restaurunt,in Fridley. It was sugg- ested Mr. Volk call for whatever information he can obtain before going to the meeting. ..The Statement of Assurances that must be signed in conjunction with Entitlement period Eight of the Federal Revenue Sharing was considered. Mr. Schneider felt this matter should be discussed with the Auditor. Mr. Schneider said he had talked with Mr. Anfinson about going through the audit report with the Council. Mr. An- finson preferred a special meeting rather than trying to discuss this at a regular Council meeting. Mr. Schneider moved to set March 7, 1977 at 8:00 P.M. for a spec- ial meeting with the auditor to consider the audit report and the Federal Revenue Sharing requirements. Seconded by Mr. Karth. Motion carried unanimously. ..Mr. Short had called in reference to the hearing scheduled before the Physical Development Committee on March 3, 1977 asking if the City would approve the re- scheduling of this hearing until March 17, 1977. It seems that the agendas of both March 3 and March 10 are filled and it was felt there would be more time for the City to present their plans at the March 17th meeting. In relationship to this, Mr. McLean read that portion of the System Statement that deals with the proposed open space on Otter Lake and Bald Eagle Lake and the plans for that area. It stated that Lino Lakes had been approached for the releasing of these lands for open space. Mr. McLean said he had talked with Mr. Ranta after the meeting on the 23rd and had informed him of the agreement this City has with Anoka County Open Space and also telling him there has been no contact with Ramsey County Open Space on this matter. Mr. McLean will keep the Council informed of any developments in this area. ..Municipal fines in the amount of #391.00 had been received for the month of January; ..Anoka County had reimbursed the City a total of $67.65 for gopher bounty; ..Metropolitan Waste Control reimbursement for sewage hauling for January in the amount of $874.00 had been received. ..Mr. Arnold Kelling, Lino Lakes Assessor, had written a letter stating some things he felt necessary for the Assessor's position. Mrs. Marjorie Roisum, 888 Birch Street, is currently assisting Mr. Kelling. Mr. Kelling requested the purchase of a simple calculator without a tape. He also set forth some school costs: that he felt should be paid by the City. Mr. McLean asked who the Dupty Assessor is at this time and Mayor Bohjanen said Mrs. Marjorie Roisum is currently assisting Mr. Kelling. There was discussion on this with Mr. McLean suggesting this matter be clarified by Council action. Mr. Zelinka moved to withdraw approval of Mr. Gene Mobley as Deputy Assessor. Seconded by Mr. McLean. Motion carried unanimouly. ..In conjunction with this same matter, Mayor Bohjanen asked the Clerk to read a letter he had received from Mr. John Tufts of 7th Avenue. Mr. Tufts is currently employed by the FHA as a housing inspector. He offered to assist the City as a temporary building inspector for three months or so. This would be if the current building inspector is unable to do his work due to health problems. This letter is to be put on file for future reference. ..Mr. Schneider asked to discuss the problem on LaMotte Drive. Mr. Timmers had called to say Mr. Luger was pumping raw sewage out on the street. Mr. Mobley was to have checked this out but had not. February 28, 1977 Mr. Luger was in the audience and he admitted to pumping his septic system on to the street. He said he had done the pumping at night. His system is double the size called !for by his perc test but it still does not function properly. He has had the installer back several times with no results. He asked if he could pump the system onto his own property and was told, No. He said he was consider- ing installing an overflow pipe. to the lake such as other systems along that street- has. He asked about the sewer that is to be installed. Mr. Gotwald said he has the plans and specs for Council approval here. The plans are to open the bids on March 18, 1977. Mr. Gotwald suggested installing a temp- orary tank or thawing out the drainfields. He also suggested some assistance might be available from the Anoka County Health Department. Mr. McLean asked how the system worked during the summer months and Mr. Luger said it had to be pumped once a month, now the system backs up once or twice a week and is not predicatable. Mr. Luger said he didn't think he could thaw out the drainfields. Mr. Gotwald said it can be done by covering the area with coke and a half culvert - it's expensive but it works. Mr. Gotwald suggested contacting Mr. Morris Carlson. Mr. McLean instructed. the Clerk to contact Mr. Robert Vadnais, Plumbing Inspector, and ask him to check this system and report back to the Council. Mr. Zelinka want- ed Mr. Luger to understand that he did not have permission to pump the system on either his property or into the lake. ..Mr. Dick Olson, Minnesota Seaplane Pilots Association, had called to say a meeting had been scheduled for 1:30 P.M. on March 7, 1977 with the State Director of Aeronautics to discuss the cleaning of Rice Lake and adjoining lakes and had asked if a member of the Council or a representative could be present at that meeting. The Council took no action on this request. . Read a letter from Mr. David Torkildson rescheduling the meeting on the program to dredge and /or lake restoration through the use of a. Mud Cat dredge. This meet- ing is now scheduled for April 7, 1977 at 7:30 P.M. in Room A at the Activities Center. ..NSP is sponsoring a conference on energy at the Minneapolis Auditorium on March 9 and 10, 1977. All members are invited to attend. Mr. Karth had no report. Mr. McLean reported on the Planning and Zoning Board meeting held on February 16, 1977. Mr. Neil Banta had appeared, representing Mr. Glenn Rehbein, and presented a plat for Second Addition in Shenandoah and an un -named plat for North of Birch Street. The Planners and Engineers recommendations were read and discussed. Mr. Banta was given copies of the recommendations and will return to the Planning and Zoning Board. Mr. Luther LeVessuer had applied for a variance to split his lot of one acre plus into two parcels. He wants to sell the parcel the home is on and retain the other half where a storage shed is located. Mr. LeVessuer also owns two lots in the plat directly to the East. These lots are directly under the power line and cannot be built on. After some discussion of this matter, the Planning and Zoning Board asked that Mr. LeVessuer obtain a survey with correct footage, and combine the remaining half with the two lots. He will return to the Board when this information is available. 1 1 1 February 28, 1977 Mr. Charles Nelson had appeared with a hand drawn sketch of Pine Vista, Block 2, asking for information as to the feasibility of this. The Planning and Zoning Board felt, if he could work out the access problem, there was no problem with the idea. Mr. Nelson is proposing the same size lots as in the first plat. He will complete his proposal and return. Mr. Ted Meyer, representing Drovers State Bank, presented a plat for the four unit townhouses on the West side of the lake. The lot had been redrawn giving more than the required footage on West Shadow Lake Drive. The lots that will be sold with each unit more than meet the City's requirements as does the land held in joint ownership. The Planning and Zoning Board had recommended approval of this plat and a public hearing be set. Mr. McLean so moved with the public hearing to be scheduled for March 28, 1977 at 8:30 P.M. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Marlin Hansen, representing the Otter Lake Estates appeared before the Plann- ing and Zoning Board. This Plat had been presented originally as a phase 1 and a phase 2 development. Mr. Hansen said they had decided to eliminate phase 2, and only plat the phase 1 portion. After some discussion, the Planning and Zon- ing Board recommended approval of the preliminary plat for Phase 1, Otter Lake Estates only, including lots 1 - 4,.Block 5, eliminating Lot 8 of Block 4. Open Space requirement would be money in lieu of land, with the stipulations that app- roval of the Rice Creek Watershed District, Planner, Engineeer and the Anoka County Highway Department be forth coming. Mr. Karth so moved. Seconded by Mr. Schneider. Motion carried with Mr. McLean abstaining. Mr. Karth moved to set a public hearing on this plat for April 11, 1977 at 8:30 P.M. Seconded by Mr. Schneider. Motion carried with Mr. McLean abstaining. There had been no response from Mr. Ronald Rasmussen of the United Tire Company in reference to the variance for the new building constructed too near the street. The Clerk was instructed to write to Mr. Rasmussen and request the variance applic- ation be submitted for the next meeting. Also, inform him he could be red tagged on the construction. Mr. Tim Rehbine had presented a hand drawn sketch of a proposed plat of some land just south of Main Street behind the homes now existing. This was proposed in 100' lots. He was told he needed 150' with one acre lots. Mr Rehbine said the land is such that it would be impossible to plat with those requirements. He also asked the Planning and Zoning about combining a small triangle of land with the lot his home is located on in Twilight Acres and then splitting the lot for another building site. This combination and split utilizes the land better than at the present and the Planning and Zoning Board had no objections to the action. Mr. Rehbine will get the legal and apply for the variance. Mr. Schneider reported on the Park Board meeting held on February 21, 1977. Most of the meeting had been used discussing the meeting held at the Bunker Park Activ- ity Center in conjunction with the Open Space. There had also been some discuss- ion on the park area in the Country Lakes Plat. Mr. McLean said there had never been any dedication of land for a park in that area. It had been discussed and the general area on the West side. =of the lake near the creek had been decided upon, but the acreage had not been decided due to constant change in Mr. Jandric's plans. Mr. McLean suggested this should be cleared before the land changes hands again. Mr. McLean moved to have the Attorney contact the present owner of the land for the park dedication. Seconded by Mr. Zelinka. Motion carried unanimously. 220 February 28, 1977 Mr. Schneider said in reading the Ordinance establishing this Board, he finds the requirement that an annual report be submitted. He moved this report be sub- mitted with the budget. Seconded by Mr. Karth. Motion carried unanimously. Mr. Schneider said he had had several calls from the residents of the Lakeview area stating they felt the water tests suggested at the last Council meeting is a form of blackmail to force them to agree to the installation of the public utilities in that area. Mr. Zelinka said that was the fartherest thing from his mind. The tests were suggested for the personal knowledge of the residents only. He asked the Clerk if she had obtained information on the availability of the kits. She said she had called several times but had been unable to contact the person who is assigned to this area. Chief Myhre said he will talk to him since he sees him quite often. Mr. Zelinka said the Personnel Commission had received and reviewed two insurance plans. Both polices had seemed compatible as to the City's cost - about $450.00 to $550.00 per month. This computes to about $250.00 more per month than is being paid at the present time. A meeting with the affected employees had been scheduled and the employees had reviewed the policies. Mr. Johnson was to obtain brochures of the policy the employees favored. Because of this, Mr. Zelinka felt the earliest the policy could be come effective would be April, 1977. He hoped to have a recommendation for Council consideration at the next meeting. Mr. McLean asked if this had been budgeted and Mr. Schneider said, No. This is an area for the Auditor's input. Mr. Zelinka reported on the meeting with the Mediator on Friday February 25, 1977. Hw would defer a report on this until Mr. Locher returned. (Mr. Locher had to leave to attend another meeting, but will be returning). Mr. Gotwald presented the plans and specifications for the Improvement #76 -3, sewers on LaMotte Road. The residents of that area, who were in the audience questioned Mr. Gotwald on the varous aspects of this system. Mr. Gotwald said one require- ment from the contractor, would be the street must be kept open for traffic. He suggested using the blacktop that must be removed to shore up the bank on Peltier Lake Drive. He said the gravel in the street would be retained, and re -used along with several inches of new material - this would be allowed to settle before re- surfacing the street. Mr. Gotwald said after these plans and specifications are approved by this Council, they must be submitted to Centerville for their approval. Mr. McLean moved to pass a Resolution approving the plans and specifications for Improvement #76 -3, sewers on LaMotte Road. Seconded by Mr. Zelinka. Motion carr- ied unanimously. Mr. Zelinka moved to pass a Resolution ordering the Engineer to prepare for bids and to advertise, bids to be opened March 18, 1977. Seconded by Mr. McLean. Mot- ion carried unanimously. Mr. Gotwald asked the status of the open area left when Lakes Addition #3 was platted. Mr. McLean said this is just open space. The City did not accept it for maintenance. This area was to be left to nature. 1 1 1 February 28, 1977 Mr. Schneider wondered if that park land in the LaMotte area was marketable. Mr. McLean said that is the only park area on the East side of the City and he felt there must be something on the East side, not necessarily in that area but some where. Mr. Gotwald suggested trading the lot currently owned by the City for land with- out street frontage to avoid the assessments. This area would be a good building site and land in back would be good for a park. Mr. McLean suggested contacting the present owners of the land for a possible trade. Mr. Schneider said he had had a call from Mr. Ernie Apitz on the sea plane quest- ion. Mr. Schnedier asked if the Council had any objections to his getting Mr. Olson and the people who object together and the Council said, No. Mr. McLean suggested contacting Mr. David Torkildson since he would be concerned with the heron rookery. Mr. Schneider said he will report back to the Council. Mr. Schneider said the Boy Scouts are still interested in the census project and it has not been abandoned, just a matter of getting off the ground, probably within the next month. Mr. Jaworski, from the audience, asked if there had been any plans for the replace- ment of the NSP pole on 7th Avenue that has the top burned off. He felt that since the pole has to be replaced, it should be moved back from the street. Mr. Karth said he would suggest this to the power company. Mr. Jaworski also asked about the removal of the old access to the townhouses.. Mr. Karth said Mr. Schifsky was supposed to have removed that but didn't get it done. It will be taken care of. Mr. Jaworski asked about if the Metropolitan Waste Control had purchased the lift station. Mr. Locher said he had talked with Mr. Payne two weeks ago and Mr. Payne said he would try to move things along. Mr. Locher reported on the meeting with the Mediator. The 8% salary increase, the $52.50 insurance and the eight holidays were acceptable. They asked the Council to consider a clothing allowance increase at this time. The union asked for $212.50 per year, the City offered $185.00 per year. The one item still in question is the Clerk's salary - the Union asked for 8 %, the City offered $10.00 per month. Mr. McLean felt the clothing allowance subject was not to be considered at this time. Mr. Locher felt if this item is included now, this would be a years cont- ract instead of being re- opened June 30, 1977. Mr. McLean asked if the June dis- cussions are only for the clothing allowance and Mr. Locher said they did not say. Mr. Locher said the 8% increase for the Clerk would bring her salary to $777.50 per month. Mr. McLean asked the Clerk - Treasurer's and the Bookkeeper - Clerk's salary and was given those figures. Mr. Schneider asked if a motion is needed on the pieces? Mr. Zelinka said he was not sure. Mr. Schneider moved to stand pat on the $10.00 per month raise for the Police Clerk. Seconded by Mr. McLean. Motion carried unanimously. On the uniform allowance, Mr. McLean asked Chief Myhre if the City's offer of $185.00 was a fair figure and Chief Myhre said this was the figure he had gotten from a study he had done. Mr. McLean couldn't see any problem with the clothing allowance figure but felt the Council should stand firm on the Clerk's salary. cl February 28, 1977 There were discussions on the re- opening date of this contract and whether the agreement on the clothing allowance extends this contract for six months - to January I, 1978, and whether it is better to negotiate a contract in midyear or on a calendar year. Mr. Karth moved to remain with the July 1, 1977 date. Seconded by Mr. McLean. Mr. Zelinka wondered if a motion at this time is necessary. He felt this matter is in the mediator's hands and this Council should have a response from the Med- iator before any action is taken. He felt the basic issue is over the Clerk's salary. Mr. Locher said, if the contract is re- opened in June, 1977, all this work would have to be gone over again. Mr. McLean asked if this City could get tapped again in the salary question and Mr. Locher said, Yes. Mr. Schneider felt the January I, 1978 date was better, he could seeE.too many problems with the mid - year changes. Mr. Zelinka felt, if the clothing allowance is acceptable, this contract would run to the end of this current year. He felt if the City had to bend a little on the Clerk's salary the dollar amount could be maintained by either shortened hours or a short lay -off. Mr. Karth asked why the first of the year? Mr. Zel- inka said their are no comparisons mid -year. He suggested waiting for the input from tie Mediator. On voting on the motion, Mr. Karth and Mr. McLean voted in favor; Mr. Schneider and Mr. Zelinka and Mayor Bohjanen voted against. Motion failed. Mr. Zelinka felt the input from the Mediator should be considered before any further motions are made. Mr. Locher reported he had had a call from Mr. Ivars Krafts, Attorney for Mr. E. J. Hendrickson, in reference to the Air Park. Mr. Hendrickson owns the land directly to the South of the plat and has been approached by Mr. Kolstad for a 33' easement for road purposes. Mr. Locher said if Mr. Hendrickson releases the 33' for street purposes this could open up his own property for development. Mr. Kolstad had indicated that if he cannot obtain the 33' from Mr. Hendrickson, he will put the entire street 2' inside his property line. This would prohibit any use of this street by Mr. Hendrickson. The Clerk was instructed to check the minutes on the Air Park streets and the requirements. Officer Hillyer had submitted a report concerning an unscheduled fire drill staged by the Lexington Fire Department on Sunday. No one had been notified of the pro- posed action. Mr. Hillyer felt some action should be taken on this matter. Mayor Bohjanen asked the Council to let him contact the Lexington Fire Chief. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously.., Chief Myhre said he had checked on the staus of the new patrol car and there is no delivery date available. He was told it would take at least four months to get a new car. If bids are let now, the car would not arrive until August. He presented the Council with copies of specs. These are different in that he is suggesting a small van rather than a sedan. There were several reasons why - larger carrying area, easy entrance, more passenger area. He felt the gas mileage would be comparable. There was some discussion on the company cars. Chief Myhre said he had presented this material for Council consideration. Mr. Karth sugg- 1 1 February 28, 1977 ested getting bids on both this type of vehicle and a regular patrol car. No action was taken on this matter. Mr. McLean moved to approve requisition #736. Seconded by Mr. Karth. Motion carr- ied unanimously. Mr. McLean moved to approve checks #7726 through and including #7739, and payroll check #4239. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. McLean moved to adjourn at 12:15 A.M. Seconded by Mr. Karth. Aye. These minutes were correcf d and approved a,.,the March 14, 1977 regular scheduled Council meeting. '� � CLERK - TREASURER t�