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HomeMy WebLinkAbout03/12/1979 Council Minutes217. March 12, 1979 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., March 12, 1979, by Mayor Karth. Council members present; McLean, Kulaszewicz, Schneider, Absent; Zelinka. Mr. Locher was present and Mr. IIIGotwald was also present at the request of El Rehbein & Son. Mr. McLean moved to approve the minutes of February 26, 1979 as presented. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Clement Schmitz was in the audience to discuss the possibility of obtaining water and sewer from Citcle Pines to service a proposed plat located at the intersection of Highways 8 &49. Circle Pines had given tentative approva. Mr. Schmitz was asking this Council to request permission from the Metropolitian Waste Control for this extension. The Council asked that this matter be deferred until the Physical Development Committee and the Metropolitan Council has made their decisions on the use of the intercep- tor. Mr. Schmitz agreed. This matter is to be on the March 26, 1979 agenda. The Clerk presented some suggestions for changes in City insurance coverage from Mr. McGowan. Mr. Schneider moved to place a moratorium on all changes in insurance coverage until alternate methods are discussed. Seconded by Mr. McLean . Motion declared passed. All other materials have been copied for the Council members and the Clerk had no further report. Mayor Karth presented a request from Mr. Volk for authorization for Mr. Volk and Mr. Rector to attend a water works operators workshop - this is a 3 day III school - $35.00 each for attendance and $10.00 each for the test. Mr. McLean moved to approve the expenditure of $100.00 for this school. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Volk had forwarded to Mayor Karth a proposal for the letting of bids for the purchase of a diesel dump truck. The Clerk is to copy this pro- posal for each Council member. Mr. Schneider presented information on the discussion with Mr. Kelly on the City's insurance program. Three letters need to be written. Mr. Locher rewrote one of the letters. Mr. Schneider moved to authorize McGuire, Dale & Kelly to make a study for Council ocnsideration and to authorize the three letters per Mr. Locher's revision of one. Seconded .by Mr. MCLean. Motion declared passed. The problem of fire coverage on West Shadow Lake Drive was discussed. Mr. McLean _moved that all homes on West Shadow Lake Drive and 7th Avenue, from Birch Street to the boundary of Anoka County Park Land be covered by the Lexington Fire Department. Seconded by Mr. Schneider. Motion declared passed. The Clerk is to write both Fire Departments with this information. The Public Hearing for Rezoning for Mr. Roger Kilstai and Mr. Forrest Tagg was called to order at 8:30 P.M. Mr. Locher presented the affidavit of mailing and read the legal publication. III It was noted there is only a 40' holf right -of -way and the owner might want to be cautious about the set backs on any construction. This would house a transmission repair shop, with no storage, possibly 2 or 3 cars for a 2 to 3 day period, the building will be cement block and a home will be constructed on the same lot. The zoning request is for Light Industrial from Commercial and Agricultural. Mr. McLean moved to approve the rezoning 218 March 12, 1979 to Light Industrial for the lands located along Highway #8 North of Main Street. Seconded by Mr. Kulaszewicz. Motion declared passed. III Mr. Kulaszewicz moved to close the hearing at 8:45 P.M. Seconded by Mr. Schneider. Motion declared passed. Mr. Menkveld presented the Council with copies of his final plat for approval of signatures. Mr. Locher presented Mr. Adnerson's Check list. (Mr. Anderson is the County Surveyor). There are several corrections to be made in the description and footage designations. But these are minor and Mr. Locher said this plat could be approved for signatures. Mr. Anderson will not approve for filing until corrections are made. Mr. McLean moved to approve the final plat of Carole's Estates II for signatures with the filing of the deed for the temporary cul -de -sac and the park money being paid. Seconded by Mr. Kulaszewicz. Motion de- clared passed. Mayor Karth excused himself and turned the metting over to Acting Mayor Schneider. The Public Hearing on the El Rehbein & Son Rezoning was called to order at 9:00 P.M. Mr. Locher presented the affidavit of mailing and read the notice of legal publication. One letter addressed to U.S. Lakes Develop- ment was returned. Mr. Schneider turned the meeting over to Mr. Jerry Blackbird, Rehbein's Representative, for his presentation. Mr. Blackbird adked Mr. Bill Meyer, Engineer, to present the Engineering points on this property. Mr. Meyer gave a general history of the area as to previous platting and the planned land use, stating that oversized sewer stubs and water connections had been installed to service these outlots because the overall planning bad indicated this area was for multiple dwellings. Mr. Phillip Johnson, Architect, presented the layout design for the outlots noting that all traffic is internal, all buildings have two fronts, each structure has a two car garage for each unit, there is sufficient off - street parking, the streets have a 60' right -of -way, the open land is controlled by a Home Owner's Association and there is a 60' strip that would give the residents access to the lake. Mr. Blackbird presented a statement answering the charges made by the current residents of the area, and presented his company's rebuttal. Mr. John Bannigan, Attorney for the Homeowner's Association in that area, presented the objections of the residents based on the density as suggested by the Comprehensive LandciUse Flan. Mr. Ben Benson presented the objections of the Residents. Mrs. Donna Carlson presented hem objections based on the detriment to the esthetics these structures would create. Mr. Bob Nelson questioned Mr. Blackbird's statements in rebutting the points made in the resident's letter of petition. 1 Mr. Blackbird pointed out, in the construction of the quads, the construc- tion would be completely controlled by the company - in the construction of single family homes, there is no control He also stated that no two units, side by side, would have the same exterior design. 1 1 219 March 12, 1979 Residents of the area made the following points: - this type of construc- tion is not appropriate becasue of density, contrary to guide lines set up in the Comprehensive Land Use Plan; contrary to existing development; density rate effects fire coverage rates; the access to the lake - who can use? want only dingle family homes; the 2 to 4 foot water table - how would the homes be constructed to avoid water problems? what impact would a development of this size have on schools, fire coverage, police coverage? Mr. Blackbird answered: this is the highest and best use for this land; the density figure used was the maximum figure - would be apt to be less; these outlots were designated for multiple dwellings at the time of the original plat and all persons who bought at that time knew of this plann- ing; only a strip for lake access and only for the residents of the area; the construction would be according to guidelines set up by the Rice Creek Watershed District - all garages and driveways would be at the current elevation, fill brought in for some of the area; the area would be developed in stages and there would be no rentals; Mr. Blackbird emphasized that all facets of the construction, drainage, design and recreational areas of this area would be discussed at the time of platt- ing. This hearing is just for rezoning of the land. Drainage was discussed. Mr. Gotwald said 80% to 90% of the water would drain to th.e East and end up in the open space area and this matter is controlled by the Rice Creek Watershed Board. Mr. Kulaszewioz was concerned with the population; kids with no place to play; traffic and parking problems; high water table and drainage. Mr. Schneider moved to this area to get away from congestion and this would create the same congestion. Mr. McLean needed proof that current zoning was incorrect; Mr. Blackbird said the quads are the best use of the land and the type of construction can be controlled. Mr. McLean moved to deny the rezoning to R5 due to the density. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. Blackbird asked how this decision could be reconsidered and Mr. Locher said the only recourse is through the District Courts. Mr. McLean moved to adjourn the hearing at 11:30 P.M. Seconded by Mr. Kulaszewicz. Motion declared passed. Mayor Karth resumed his chair and the regular meeting continued. Representatives of the Circle -Lex Lions Club requested permission for the use of Sunrise Park, September 8/9, 1979 for a community function. The several ideas were presented and discussed. Mr. Schneider moved to grant preliminary approval for this use subject to final plans. He requested this Council be kept informed. Seconded by Mr. McLean. Motion declared III passed. Mr. Locher reported on a letter from Mr. Jeffrey Kirschbaum's Attorney requesting that he be returned to the payroll at full salary. Mr. Locher will answer this. There was discussion of the modular unit parked at the City Hall and the L actions leading to the impounding of this unit. Mr. McLean moved to set the storage fee at $50.00 per day for the two units. Seconded by Mr. 220 March 12, 1979 Schneider, Motion declared passed. Mr. Schneider moved to approve requisition #898. Seconded by Mr. McLean. Motion declared passed. Mr. McLean moved to approve checks #9491 through and including #9530, with #'s 9504,9425 being void. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to adjourn at 12:15 A.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered, corrected and approved at the regular Council meeting held on March 26,1979. i al1'�2� Edna L. arner, Clerk- Treasurer March 26, 1979 The regular meeting of the Lino Lakes City Council was called to order on March 26, 1979, at 8:00 P.M. by Mayor Karth. Council members present; Kulaszewicz, Schneider, Zelinka. Ansent; McLean. Mr. Locher and Mr. Gotwald were also present. The minutes of March 12, 1979 were considered and corrected. Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by Mr. Schneider. Motion declared passed, with Mr. Zelinka abstaining. The .Clerk presented the following itmes for Council consideration: ..The second quarter State Aod in the amount of $31,990.75 had been re- ceived. ..Municipal fines for the month of February was $258.33. ..Mr. Joseph Davis had submitted his resignation from the Circle Pines Utility Commission. Mr. Robert Doocy had been suggested as a replace- ment. Mr. Zelinka suggested taking this under advisement and consult with Mr. Doocy before any Council action is taken. Mr. Zelinka will contact Mr. Doocy and report back to the Council. ..A letter from the Anoka County Attorney's office discussion the matter of charges for Police Service to the County Fark was read and discussed. The Clerk is to resubmit the bills, make a copy of the Park Agreement and circle the protion dealing with this matter and sent to the Anoka County Attorney. ..The letter from El Rehbein & Son setting their disagreement with the rexoning denial was read and discussed. This letter requests the formation of an impartial board of seven persons to review the Council action. The legality of this was discussed, with Mr. Locher saying this Board would only have recommending powers. The only method of appeal is through the District Courts. Mr. Zelinka, who had been absent due to illness, felt he needed to be brought up to date on the actions. Mr. Schneider had questioned a statement in the letter on 'personal interest' and asked for clarificatio Mr. Blackbird felt that Mr. Schneider, Mr. Reinert and Mr. Johnson, the latter two from the Planning and Zoning, should have excused themselves from the discussion and should not have voted on the issue. 1 Mr. Schneider said the he had attended one meeting on request and one