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HomeMy WebLinkAbout07/25/1977 Council MinutesJuly 25, 1977 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M., July 25, 1977 by Mayor Bohjanen. Council members present; Karth, McLean, Schneider, Zelinka. Absent. None. Mr. Locher and Mr. Gotwald were also present. Mr. Karth moved to approve the minutes of July 11, 1977 as written. Seconded by Mr. McLean. Motion carried unanimously. The Clerk presented the following items for Council consideration: 1 .. A statement of values for insurance purposes had been received from the Insurance Agent. This increases the values by 8 %. The location of the building listed under Item 4 is incorrect. The Clerk was instructed to correct this. Mr. McLean moved to authorize the Clerk to sign and return to the Insurance Agent with the correction on location and a note that when the lift station is turned over to the Metropolitan Waste Control Commission, this will be removed from the Statement of Values. Seconded by Mr. Zelinka. Motion carried unanimously. .. A letter from the Metropolitan Council explaining the Federal Aid Urban Program for 1978 - 1980 Projects for roadway construction. The Clerk was instructed to call the County Highway Department on this matter. .. A questionaire dealing with a survey of land use regulations affecting mobile homes in the community. The Clerk was instructed to complete and Mr. McLean will look at the answers before mailing. Mr. Karth so moved. Seconded by Mr. McLean. Motion carried unanimously. .. A notice of a half -day seminar on levy limits and how to utilize them being conducted III by the Association of Metropolitan Municipalities. It was the general consensus of the Council, this information could be had from the City Auditor. .. The Lino Area Recreation Association has requested a permit for the sale of 3.2% beer at a dance to be held at St. Joseph's Church on August 6, 1977. A copy of the insurance had been delivered to the City offices. Mr. McLean moved to approve this request. Seconded by Mr. Karth. Motion carried unanimously. .. Mr. Karth requested the use of the City Hall for a meeting of the Lino Area Recreation Association on July 27, 1977. Mr. McLean moved to approve. Seconded by Mr. Karth. Motion carried unanimously. .. The June tax settlement had been received. The City had requested an early draw and had received a check for $47,000.00 prior to this settlement. The amount of this check is $30,263.67. Of that amount $11,816.59 has been credited to the general fund; $5,156.47 to PERA & Social Security ; $6,446.28 to Debt #I; and $6,844.33 to Debt #2. The State Aid check had also been received in the amount of $40,253.83. Of this amount of $17,774.69 is Homestead credit aid and $953.60 is attached machinery aid. .. A letter from Mr. Burman in regards to West Shadow Lake Drive had been received stat- ing this problem should have a recommendation from the Anoka County Board of Commissioners this month. .. Municipal Fines for the month of June in the amount of $424.50 had been received. .. A petition from persons owning Tots on East Shadow Lake Drive beyond the Street and sewer lines requesting a feasibility study and cost analysis for the extension of those services to the lots had been received. The petition contains all owner's signatures 1 July 25, 1977 with one exception. Discussion of the cost of a feasibility study - Mayor Bohjanen asked if this could be charged to the petitioners? Mr. Locher said, Yes, if there is 100% of the owners signatures. Mr. Gotwald said he had advised this petitmons be presented in this matter in order to get all the land owners together for an informal meeting. He is not suggesting the City order a complete study. He felt the City could act in the role of an administrator in this matter. Mr. Gotwald was asked for an approximate cost and he said about $50.00. Mr. McLean asked if the flow direction involved more costs and Mr. Gotwald felt there is a possibility of sewering these lots to the South. This would just be an informal hearing before the Council with all the present owners with no cost estimate for in- stallation. The Council felt this would be a question that would be asked and Mr. Got - Wald said he could give them a figure that other systems being constructed are using. The petitioners must obtain the missing signature and it will then only be necessary to send cards of notifications - publication is not necessary. Mr. McLean moved to direct the Engineer to make a preliminary feasibility study. Se- conded by Mr. Zelinka. Motion carried unanimously. The Clerk is to inform the pet- itioners that the remaining signature is necessary and to send notices to all owners setting the informal hearing for August 22, 1977 at 8:30 P.M. Mr. Karth so moved. Seconded by Mr. McLean. Motion carried unanimously. The Public Hearing for Shenadoah 111 was called to order at 8:30 P.M. by Mayor Bohjanen. Mr. Locher read the legal publication setting forth the time and place and including the legal description of the lands to be platted. Mr. McLean presented the corrected map incorporating the suggested changes by the Planner and Engineer. There is no dedicated park lands in this plat therefore the City would accept money in leiu of land. Mr. Locher said he had made a change in the legal description and has forwarded to the County. Mr. Schneider asked if there should be some consideration of requiring the completion of Shenandoah 1 and 11 before expanding into the third plat? Mr. McLean said the Council has no means for controlling the amount of lands platted. The walkway to the West was discussed. This is to be used for drainage pruposes with an eye toward the possibility of a gate at this point if and when the Anoka County Open Space is fenced. Mr. Glenn Rehbein suggested that instead of assessing each plat so much per acre of land for money in leiu of land for parks, the Council consider a flat amount per lot. This would equialize the costs to the developers and the costs would be known immediately. Mr. Reljbein said in some communities, the charge is $50.00 per lot up to $150.00 per lot and this is paid on issuance of a building permit. This would be collected on all permits and would include the lands being built on that are not a part of a plat. There was some discussion on this matter with the general acceptance -by the Council. Mr. Schneider asked at what point this would become effective and was told at the time the Ordinance is amended. This can be done by Resolution. Mr. Zelinka moved to approve the preliminary plat of Shenandoah 111 subject to letters from Anoka County Highway Department, DNR and Rice Creek Watershed Board. Seconded by Mr. McLean. Motion carried unanimously. July 25, 1977 Mr. Zelinka moved to close the hearing at 9:00 P.M. Seconded by Mr. McLean. Motion carr- ied unanimously. Mrs. Paul Reinhold presented a letter to the Council and to Mr. Locher. Mayor Bohjanen asked the Clerk to read the letter. This refers to the alleged violation of City Ordin- ances by the Rehbein Excavating Company. The contents of the letter were discussed briefly with Mr. Locher pointing out this operation is operating under the zoning in Ordinance #6. The zoning was neither Light Industry or Heavy Industry - just Commercial with very broad definitions. Mrs. Reinhold felt there is a conflict in the increase of noise and fumes. Mr. Locher said the problem is adjusting to two ordinances - there are no zoning maps show- ing areas within Ordinance #56 - therefore, this operation is tied into Ordinance #6. This zoning is commercial 300 feet from the street right - of - way line. Mr. Zelinka asked Mr. Rehbein if this land has been re -zoned and Mr. Rehbein said, Yes, all the way to 4th Avenue. Mr. Schneider asked who would judge the fumes and Mr. McLean said this would have to be monitored by the PCA. 1 Mr. Rehbein said his trucks are all diesel engines and meet all pollution control standards. Mr. Schneider asked if it would be in order to request the PCA to monitor the fumes and noise that Mrs. Reinhold is pointing out in her letter? Mr. Karth felt that no matter what sort of business is in this location, it would create some problems for a residence as close as the Reinhold residence. Mr. Zelinka asked how far away from the home is the vehicles parked and Mrs. Heinhold said, all equipment is parked right on the property line. Mr. Zelinka asked Mr. Rehbein if the vehicles could be parked away from the home and Mr. Rehbein said it was not feasible. Mrs. Reinhold said they would ask for the noise and air pollution to be monitored by the PCA and they will abide by the findings of that agency. The cost of this monitoring was discussed. Mr. Rehbein felt this is Mrs. Reinhold's right but if there is a cost, it should be her responsibility.. Mrs. Reinhold said if something is not done now, the next step is legal action. She was asked if she had called the PCA and she said she had not but would do so. Mr. Zelinka moved to have'the Clerk contact the PCA as to what services could be provided _. at what cost. Seconded by Mr. McLean. Motion carried unanimously. 1 There are some questions in the letter directed to Mr. Locher. Mr. Karth moved to instruct the Attorney to prepare remarks and answers including particulars in the development file and have for the next Council meeting. Seconded by Mr. McLean. Motion carried unanimously. Mr. Chauncy LeVessuer, from the audience, asked when the City was planning to upgrade h:iFs street - 77th Avenue? Mr. Karth said that is on his report for this evening and the work is planned for this year. Under Mayor Bohjanen's report, Mr. Ardell Johnson of Lakeview Avenue presented a request for the storage of his sons car without current plates. The son is currently serving in 1 1 `�. 3 duly 25, 1977 in the Armed Services. Mr. Karth moved to approve this request. Seconded by Mr. McLean. Motion carried unanimously. There was discussion of the waiver of the $5.00 fee - would this be for just this appli- cation? for all servicemen's cars? under what conditions should this fee be waived? After some discussion, Mr. Zelinka moved to pass a Resolution modifying Ordinance No. 32A to exclude the fee for storage of cars of service men only. Seconded by Mr. McLean. Motion carried unanimously. Mayor Bohjanen said he had received a copy of a contract from the Teamsters Union asking this City to enter into joint negotiations with about 25 other Cities. Mr. Locher said if the City does not want to join in this joint negotiations they must write the Union so stating. Mr. Karth moved to write to the Union stating this City will not join in the joint neg- otiations and request a copy of the proposed contract for the City of Lino Lakes for the Police for 1978. Seconded by Mr. McLean. Motion carried unanimously. Mr. Zelinka had received a letter from Springsted concerning joint recruiting and lateral transfer. No other Council members had received this information. Mr. Zelinka will check into this and report back to the Council. Mayor Bohjanen reported there will be an informal meeting Tuesday afternoon with Mr. Wisenberger, Chief Myhre, himself, Sgt. Costa dealing with the incident at the 49 Club. This concerns a letter of reprimand being placed in Sgt. Costa's personnel file. Tech- inally the time for a grievance is past and this meeting is just a courtesy to the part- ies involved. Mayor Bohjanen said either the Clerk or Deputy Clerk will also be present. Mr. Karth asked for authorization to have the Engineer survey 77th and Orange Streets West of Lake Drive and prepare an estimate for realigning, grading and graveling. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. Mr. Karth said these two streets are two of the remaining few problem streets in the City. Mr. Karth also reported Mr. Volk had checked out the street lights and all lights that the City is paying for are in place and in operation. A map will be prepared showing these locations and suggested additions. Mr. Ardis Wolske had appeared before the Planning and Zoning Board with a request for a variance to split a lot on the corner of Lakeview and Gladstone. Mr. McLean reported this is in line with the variances that have been granted in that area. Mr. McLean moved to approve the Planning and Zoning Boards recommendation to grant this variance. Seconded by Mr. Karth. Motion carried unanimously. Mr. Walter Eckstrom had applied for a variance to split a lot. This is to form two parcels of land to be added to parcels already existing on either side of the parcel to be split. Since this increases the size of the existing dots, the Planning and Zoning felt that no variance was necessary. Mr. Van Kleek had presented a request for a variance to a parcel of land located on Peltier Lake that has no frontage on the street. Mr. Locher gave a brief history on the establish- ment of this parcel. This was on record before the City Ordinance was passed. Mr. McLean was concerned this could set a precedent. Mr. Locher said this is a unique situation. The 33' easement is 69.2 feet along the East Line of the property and, at most, would serve only two residences. The lot was recorded in 1941 and has adequate land area to meet the ordinance requirements. 284 July 25, 1977 The Planning and Zoning Board had recommended approval of this variance. Mr. Karth moved to approve this variance based on the Planning and Zoning Board recommendation, reference the 1941 recording, with special note of the fact there is no frontage on an established City street, has only 69.2 feet frontage and less than 22 acres, access by a 33 foot easement over the Easterly line, no City services to be provided to said 33' driveway easement, the City cannot be held liable for the inability of emergency vehicles to gain access to homes. Seconded by Mr. Zelinka. Motion carried with Mr. Karth, and Mr. Zelinka and Mayor Bohjanen voting, Yes; Mr. McLean and Mr. Schneider voting, No. A request to park a trailer on a lot on Otter Lake while the land is being cleared had been presented to the Planning and Zoning Board. This request had been denied by the Planning and Zoning Board and the trailer has been removed. The Planning and Zoning Board had considered the Plat of Carole's Estates. This plat is located between Oak Land and 77th Street, East of Highway #8. The Planner's and Engineer's recommendations had been discussed. The representatives of this plat were present and the recommendations of the Engineer had been incorporated into a new draw- ing which was presented to the Council. The additional 30' street easement along the South line had been added. Mr. Zelinka questioned the relocation of 77th Street - would this cause the removal of the line of trees. Mr. Gotwald said this would not be realigned at this time, but the easement is on record for future upgrading of the street. The three lots located along Highway #8 are in a designated commercial zone. The Plann- ing and Zoning had recommended these lots be so designated and the prospective owners made aware of this zoning. The side year on Lot 1, Block 1, was discussed. Mr. McLean moved to approve the preliminary plat of Carole Estates with the following stipulations - the Planner's and Engineer's recommendations be fulfilled before a Pub- lic hearing, the three commercial lots be so designated, the 30' street easement along the South line of the property be included, perc tests and soil borings be done on block 2, lots 1, 2, 3, 4 and 8 and any others deemed necessary, with an extra side yard on Lot 1, Block 1, on the North line. Seconded by Mr. Karth. Motion carried unanimously. Mr. McLean moved to set a public hearing for August 22, 1977 at 8:45 P.M. subject to the receipt of the reports from the Rice Creek Watershed Board and the Anoka Highway Depart- ment with the soil borings to be in also. Mr. Zelinka asked if the City would be res- ponsible for the removal of trees for driveways along 77th Street and was told this is the responsibility of the developer. Motion was seconded by Mr. Karth. Motion carried unanimously. Mr. Fran Burque had applied for a variance to sell a lot of less than 22 acres. This lot is located just East of the lot just sold along 64th Street and is being purchased by the same person. The Planning and Zoning had recommended approval of this variance and asked that this be combined with the other parcel to form one parcel of land. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. The plat of Rohavic Oaks was considered. The changes suggested by the Engineer had been made and Mr. Gotwald had recommended approval of the new concept. Mr. Short had quest- ioned the land designated for Park land. He felt it might too low for anything except passive use. The Minnesota Highway Department had suggested some restrictions on the lots bordering Highway #49 and suggested these developers contact the EQC for assistance. The Planning and Zoning Board had recommended approval of this preliminary plat subject to the receipt of the recommendations of the Rice Creek Watershed Board and the EQC. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion carried unanimously. The Clerk was instructed to forward this plat to the Park Board for their recommendations 1 1 July 25, 1977 concerning the proposed Park Land. ti o Mr. McLean moved to set a Public Hearing on this Plat for September 12, 1977 at 8:45 P.M. Seconded by Mr. Karth. Motion carried unanimously. Mr. Art Rehbein had presented a request for a building permit on a parcel of land owned by Mrs. Edith Kammerer that only has access over a 30' easement. The property has no frontage on an existing street. The Planning and Zoning Board had asked Mr. Rehbein to document the date of recording of this parcel of land. If this land was recorded before the Ordinance was in effect, then he should apply for a variance. Mr. Locher checked the dates of the Ordinance and they became effective in 1957. This matter will be referred back to the Planning and Zoning Board. The Planning and Zoning Board had then considered the System Statement. The fact that a special hearing had been called by the EQB and scheduled for July 28, 1977 make it imperative this matter be considered at this time. This meeting will deal with the West Oaks of Bald Eagle plat that is being challenged by the Metro Council. They have included this land in the Otter Lake Regional Park. Mr. McLean felt the agreement worked out between the City and the Anoka County Board of Commissioners would relate to all points of the Chain of Lakes Park. There were several statements in the Otter Lake and Bald Eagle portion that are erroneous. Mr. McLean pointed those out. It was felt the agreement with Anoka County would also apply in this area. Mr. Gotwald and Mr. Short were present at this meeting and they met with the Clerk on Friday and put together the suggestions that each Council member has a copy of it. The suggestions were gone over and suggested changes were noted. A revised copy of this will be ready for the special meeting scheduled for Tuesday, July 26, 1977. Mr. Gourley had been contacted by a resident who lives on Glenview just off Sunset Avenue. He wants to build a garage on the east side of his lot. This would be the center line of those lots in the Lakeview area that at one time had been considered for a possible street. The City does not have an ordinance covering this at this time so it was felt no special permit or variance was needed. There are still complaints about the condition of the Sparkle -Wash operations. The Clerk was instructed to pull the background material on this. Mr. Schneider reported on the meeting of the Park Board on July 18, 1977. There was discussion of the Outlot on LaMotte Road. After some discussion, Mr. Schneider moved to direct Mr. Gotwald to investigate the possibility of exchanging the lot owned by the City along the street for land without frontage. Seconded by MR. Karth. Motion carried unanimously. Mr. Schneider had visited with Mrs. LaFond on the problems with the ballfield located at the end of Glenview. Mrs. LaFond was unaware of a street easement along the north edge of her property. He had left a copy of the plat map with her. There had been representatives from the Centennial Hockey Association at the meeting. They had requested better lighting at the rinks at Sunrise. The rinks need to be graded and the boards need repair. The snow blower is not practical for the rinks but a good sweeper is needed. There was some discussion on whether it would be feasible for the City to continue to l July 25, 1977 maintain two rinks or if they should be both torn down-.and one new one built. There will be more discussion on this at a later meeting. Two bids for the repairing of the barn at Sunrise had been received. But since one bid had been submitted by Mr. Mobley, the Building Inspector, it was suggested another bid was necessary to avoid a conflict of interest. Mr. Schneider so moved. Seconded by Mr. McLean. Motion carried unanimously. Mr. Locher reported he has the bonds for the LaMotte sewer project ready for signatures. They must be signed by the Mayor and the Clerk and Mr. Locher will deliver them to Centen- nial Bank tomorrow, Tuesday, July 26, 1977. Mr. Fran Burque, from the audience, questioned the Council on the usability of a triangular parcel of land created by the installation of 1 35E. He was told this should be presented to the Planning and Zoning Board. Mr. Karth moved to table the Ordinances under consideration until the August 8, 1977 meet- ing. Seconded by Mr. McLean. Motion carried unanimously. Mr. Zelinka requested the discussion on juvenile permissiveness be put on that agenda. Mr. Gotwald presented copies of the final plat of Otter Lake Estates. There was discuss- ion on the elimination of Lot 8, and either inclusion or exlusion of the 100' parcel just west of the first lot on Otter Lake Road. The Clerk was asked to research the minutes as to how this was to be handled and this matter can be considered at the special meeting on Tuesday. Mr. Gotwald also presented a copy of the final plat for Pines Vista 11. Mr. Gotwald sugg- ested an unrecorded easement at the East end of the cul -de -sac. This would allow for the access of emergency vehicles. Mr. McLean moved to approve. Seconded by Mr. Karth. Motion carried unanimously. Mr. Gotwald presented the street plan and reported on the status of the streets. The est- imated cost for installation is $11,000.00. Mr. Nelson would need to provide a bond or letter of credit in the amount of $16,500.00. Mr. Nelson requested permission to handle this in the same manner as the first street was handled. This involves putting stocks in escrow by Mr. Nelson. Mr. McLean moved to aaoep:t the plan of putting Mr. Nelson's stocks in escrow and following the same procedures as Pines Vista 1, total of 12 times the estimated cost for installat- ion of the street. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Locher asked the description of the street connecting the two plats be left out of the legal description since this was not a part of the plat. This portion of the land will be deeded to the City. Mr. Gotwald will make this correction. A request from Northwestern Bell Telephone to install buried cable at 1597 LaMotte Road had been checked by Mr. Gotwald. He recommends approval. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion carried unanimously. There was also a request for buried cable on the south side of Holly Drive and Centerville Road. Mr. Gotwald recommended approval. Mr. McLean so moved. Seconded by Mr. Karth. Mo- tion carried unanimously. The Plans and specifications for the landscaping of 1 35W had been checked by Mr. Gotwald and he recommended approval of the specs. Mr. McLean so moved to accept these specifications 1 1 July 25, 1977 with the exceptions of the poplar to be planted. Seconded by Mr. Zelinka. Motion carr- ied unanimously. Mr. Zelinka reported on his contact on the repair of the lift station in Country Lakes. Itcan be repaired for under $200.00. Mr. Gotwald said this is a metro facility whether they own it or not. They have modified the controls and the pumps and this repair bill should be forwarded to them. A Mrs. Davidson had called the office to ask about conducting a catering business from a new home they plan to build on Sunset. She had presented the plans for the kitchen. It was felt she should appear before the Planning and Zoning and request a Special Use Permit for this operation. The Clerk will send her the necessary forms. There was discussion on requisition #773 which is for a one year service contract on the two calculators in the office. After some discussion, Mr. Schneider moved to approve this requisition. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. McLean moved to approve requisitions #770 through and including #772. Seconded by Mr. Karth. Motion carried unanimously. Mr. Zelinka moved to approve checks #8089 through and including #8110, holding #8108 for clarafication. Seconded by Mr. Schneider. Motion carried unanimously. Mr. Locher suggested perhaps he can contact Mr. Ed Fields and ask him to attend the EQB meeting on this Thursday. Mr. McLean moved to adjourn at 12:35 A. M. Seconded by Mr. Karth Aye. These minutes were approved with corrections at the August 8, 1977 regular Council meeting. CLERK - TREASURER