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HomeMy WebLinkAbout04/24/1978 Council Minutes98 April 24, 1978 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on April 24, 1978, by Mayor Karth. Members present; Kulaszewicz, McLean, Schneider, Zel- inka. Absent; None. Mr. Locher and Mr. Gotwald were also present. Mr. Schneider moved to approve the minutes of the March 27, 1978 meeting as written. Se- conded by Mr.. Kulaszewicz. Motion declared passed with Mr. McLean abstaining. Mr. McLean moved to approve the minutes of April 10, 1978 as written. Seconded by Mr. Kulaszewicz. Motion declared passed. The Clerk presented the following items for Council consideration: ..A request had been received for the use of the City Hall for a Boy Scout Court of Honor on May 7, 1978 from 2:00 P.M. to 5:00 P.M. Mr. McLean moved to approve this request. Seconded by Mr. Zelinka. Motion declared passed. ..A letter, from the ;Department of Public Safety concerned with the installation of one 3,000 gallon under ground gasoline tank for a private service station at Bastiem Pro- ducts, Inc. at 7048 Lake Drive. This matter must be inspected by the Fire Marshall and the Building Inspector. ..Municipal fines for the month of March of $430.50. Mayor Karth had received several complaints on the construction of a home on East Shadow Lake Drive. Mayor Karth asked for comments. Mr. Steven Wells said the house is under construction and is not proceeding as fast as it should. He wondered if there is a possible Building Code violation. Mr. Mobley, Building Inspector, said this was proceeding and is being carefully monitored. Mr. Wells wanted to know what constituted a temporary occupancy permit and Mr. Mobley said that all parts of the building occupied must be completed and that has been complied with in this home. Mr. Mobley also stated that temporary occupancies are issued at the discre- tion of the Building Inspector. Mr. Wells asked if the rules and regulations governing this provision could ba put down in writing for prospective builders in the City and Mr. Mobley said this basically is what is given to people upon application for a building permit. There was some question as to why the persons were allowed to move in during November and the temporary permit was not issued until January. Mr. Mobley said people move in without the knowledge of the inspection department and the only way it is discovered is through someone reporting that the building is occupied. Mr. Wells said there was an interest in the neighborhood as to what is happening in that house as to construction. Mr. Mobley said the electrical inspection is complete, as is the plumbing and the lower level is completed for occupancy. 1 Mrs. Katzenmaier explained they have a completion date of October and the only reason III they moved into the building before construction was completed was to protect their build- ing supplies. All the electrical supplies were stolen as was part of the sheetrock. There was some discussion on the supplementary heating system and the type of chimney. Mr. Mobley explained the system and chimney are sufficient. April 24, 1978 99 The fire that,occurred was due to the buring of green wood and would have happened 10 III any type of unit. The Public Hearing on the Ordinance for the Licensing and Bonding of Contractors was called to order at 8:26 P.M. 1 1 Mayor Karth read the list of contractors that would fall under the requirements of this Ordinance, he also listed the insurance requirements of the contractors and the fact that a $5,00Q.00 bond will be posted. Mayor Karth said,this is for the protection of the res- idents of the City. A comment from the audience to the effect that Lino Lakes is one of a very few who do not already have this Ordinance on,the books indicated this as an acceptable practice amoung municipalities. There are provisions for,the control of the contractors who are licensed, but it also pro- tects the contractors in that the license cannot be revoked without a hearing.. After some discussion on the provisions of this Ordinance, Mr. McLean moved to adopt this Ordinance and assigned the appropriate number. Seconded by Mr. Zelinka. Motion declared passed. Mr. McLean moved to close the hearing at 8:45 P.M. Seconded by Mr. Zelinka. Motion de- clared passed. The Public Hearing on the procedures and charges for the implementing the record keeping of pumping and cleaning septic systems was called to order at 8:45 P.M. The Ordinance sets forth the stipulation that if,a system has not been pumped in four years, then it must be inspected. Mr. Zelinka asked, if a system is inspected in a four year period, will it then not be inspected for another four year period, even if signs of pro - blems developing can be detected at the time of the first inspection? Mr. Gotwald said, No, a record would be kept and a follow up made on that particular system. If it has been pumped, then the City would have a record supplied by the pumper. If it has not been pumped, the inspector would re- inspect. The type of inspection to,be,made,was questioned and,Mayor Karth said,, basically a surface inspection. Mr. Mobley said there are several ways in which a system can be checked with- out the digging up of,the tank.; Mr. Gotwald said the record keeping would pinpoint the pro - blem areas, which, is what is required by the, PCA and the Metro Council. There were many questions and answers to the method of inspection, the reason for the need for,this Ordinance and what will be accomplished by the adoption of this Ordinance, There were some additions to the Ordinance. Mr. Locher will have it retyped to include these, additions and a copy will be available for the residents at the City Offices by Friday. Mr. McLean moved to continue this hearing until May 8, 1978 at 8:45 P.M. Seconded by Mr. Zelinka. Motion declared passed. Mr. Allan Robinson and Mr. Lee Robinson had received summons for the violation of the State Building Code. The summons had included the SAC. Mr. Robinson stated that he had purchased the required permits this date, but did not feel that he should be required to pay the SAC. Mr. Mobley explained why the summons were written, even though a building permit was not required for homes located on agricultural land at the time these homes were built. He set for the correspondence to these home owners. Mr. Mobley said he was not interested in the 100 April 24, 1978 acquisition of the permits, this is after the fact. His point was that violations of the State Building Code must be stopped. Mr. Zelinka asked for a legal opinion on this matter. Mr. Locher said this is a Council decision - he can be instructed to 1)dismiss; 2) to modify or leave as is. The penality is $300.00 fine, 90 days in jail or both or a suspended sentence. Mr. Zelinka felt that the law must be enforced the same for all persons. Mr. Locher sugg- ested charging a double fee, but the City Ordinance does not provide for this action. Mr. Robinson said his main concern is that SAC that is included on this summons. Mr. Zelinka asked Mr. Locher if this money could be held in an interest bearing escrow account and Mr. Locher said, Yes, and suggested some question as to the legality of coll- ecting in rural residental areas. Mr. McLean felt this point should be pursued - if there are no plans to include areas in urban service areas, those areas should be exempt from SAC. Mr. Zelinka moved to require Mr. Robinson to deposit with the City an amount equal to the current SAC, this money to be placed in an escrow account and the City to pursue the defin- ition of the rural service area with these areas to be deleted from the requirement of SAC. Seconded by Mr. McLean. Motion declared passed. Mr. Zelinka moved to remove the SAC from the summons. Seconded by Mr. McLean. Motion de- clared passed. Mr. Allan Robinson asked if these same provisions could be applied to his Father's summons. He is acting as an agent for his Father. Mr. Zelinka moved to apply to Lee Robinson's summons the same action as the two previous motions. Seconded by Mr. McLean. Motion declared passed. A gentleman from the Anoka County Community Action Program presented a request to the Council for their support of this agency in their effores to obtain a HUD grant for the upgrading of substandard homes in Anoka County. He explained their work and the areas they are involved with. Mayor Karth suggested perhaps the City should defer action until more current figures are available. Mr. Schneider felt the City had nothing to lose in this support., The Gentleman from Anoka County was asked what is necessary from this Council and he said all he needed was a motion authorizing the Clerk- Treasurer to sign all legal documents for the City. Mr. Zelinka moved to support this program and theauthorize the Clerk - Treasurer to sign all documents unless she has,a question, then to proceed after a phone poll of the Council members. Seconded by Mr. McLean. Motion declared passed,t Mr. McLean presented the following items from the Planning and Zoning Board held on April 19, 1978. ..A split of Lot 1, Block 1 of Sunset Oaks. Planning and Zoning had recommended approval of this split. Mr. McLean moved to approve. Seconded by Mr. Kulaszewicz. Motion declared passed. ..A split of Lot 6, Block 2 of Sunset Oaks. Planning and Zoning had recommended denial of this split. Mr. McLean moved to deny. Seconded by Mr. Kulaszewicz. Motion declared passed. 1 1 1.01 April 24, 1978 ..Mr. Eugene Blomquist applied for a variance to split a parcel of land with less than the required acreage and frontage. Planning and Zoning had recommended denial of this split. Mr. McLean moved to deny the variance. Seconded by Mr. Zelinka. Motion declared passed. ..Mr. Al Koosman applied for a driveway over the allowed footage. Planning and Zoning re- commended approval. Mr. McLean moved to approve this variance. Seconded by Mr. Schneider. Motion declared passed. ..Mr. Ben Hildestad applied for a variance to split a parcel of land with less than the re- quired frontage. Planning and Zoning had recommended denial of this variance. Mr. Kulas- zewicz moved to deny this request. Seconded by Mr. Zelinka. Motion declared passed. ..A plat involving land bordering Pine•Street was looked over. This developer will return for the May meeting. ..Mr. Schilling presented a feasibility plat for lands South of Main Street. He will prepare a preliminary plat and return for the May meeting. ..Mr. Chuck Nelson had presented a preliminary plat. Mr. McLean moved to approve the prelim -1 inary plat of Sherwood Green. Seconded by Mr. Zelinka. Motion declared passed. ..Mr. Vernon Walberg had sold property along 77th where there is no street. Mr. Locher was instructed to write a legal decription for the acquisition of a street right -of -way for this street extension. This legal to extend to 4th Avenue. Mr. McLean moved to instruct the Attorney to draw up the necessary legal papers to make this a City Street. Seconded by Mr. Kulaszewicz. Motion declared passed. ..Mr. Robert Herbst had presented plans for the Lake Amelia area. He will return in May. ..North Northeast REalty had questioned the buildiability of land owned by Mr. Heller located on the north side of 1 34W. They were told streets must be put in before permits may be issued. The Clerk was requested to inset all Park Board minutes in the files in which plats were discussed. Mr. Kulaszewicz reported the first meeting of the Police ADvisory Board had been basically organizational. The Personnel Commission meeting held on March 22, 1978 had recommended adoption of the rules and regulations presented by Chief Myhre and applying to Police Personnel. Mr. Kul- aszewicz moved to approve this recommendation. Seconded by Mr. Schneider. Motion declared passed. Mr. Kulaszewicz said there is a personnel problem within the Police Department, but he would prefer to set a special meeing to discuss this matter. There is also the matter of discuss- ion of the proposal presented by the Union for contract settlement. Mr. Kulaszewicz moved to set a special meeting for May 3, 1978 at 7:00 P.M. Seconded by Mr. Zelinka. Motion de- clared passed. Mr. Locher presented a report on a dog problem involving Mr. Curley, Mr. Williams and Mr. Rehbein. A report from the Police Department on the number and date of complaints received was discussed. Chief Myhre was instructed to have the animal control handle this matter. Mr. Locher had contacted Mr. Menkveld on the condition at the old Kammerer farm on Lake Drive. This will be cleaned up and the major portion should be completed before the next Council meeting. The home is rented and the residents will be moving. 102 April 24, 1978 Mr. Donald Moore, of the Woodshed had.questioned the requirement of insurance and bonds and Mr. Locher pointed out this is. required by the State and the City ordinance duplic- ates those State requirements. Mr. Locher had checked his files on the matter of the rezoning of the Herbst property and can find no records of this, rezoning being done. He has some correspondence from 1966. The Clerk will search the minute books for any such action. Mr. Gotwald recommended approval of a request from Nor Western Bell to install buried cable under Aqua Lane at.Lake Drive. Mr. McLean so moved. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Gotwald said he is preparing a letter of credit for the first phase of streets to be done in the West Oaks of Bald Eagle plat. This should be in the Clerk's office this week. Mr. Gotwald said he is also preparing the plans and specifications for the sewers at the Baldwin Lake Trailer Park. Mr. Zelinka moved to approve requisitions #83I. Seconded by Mr. McLean. Motion declared passed. Mr. Kulaszewicz moved to approve checks #8747 through and including #8762. Seconded by Mr. McLean. Motion declared passed. Mr. Zelinka presented a recommendation from the Park Board for the installation of a park- ing lot between the two ball fields at the City Hall Park. Mr. Zelinka moved to install this parking lot to hold 50 cars, not to exceed a cost of $2,000.00 and to be located between the ballfields. Seconded by Mr. Kulaszewicz. Motion declared passed. The Clerk was to remind Mr. Volk that requisitions will be necessary for this improvement. 1 Mr. Scheider requested that Mrs. Anderson contact him after Park Board meetings that approve the expenditure of funds. Mr. McLean moved to adjourn at 12:45 A. M. Seconded by Mr. Zelinka. Aye. These minutes were approve with correction May 8, 1978 at the regular Council meeting. EDNA L. SARNER, CLERK - TREASURER s