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HomeMy WebLinkAbout08/22/1977 Council Minutes2 :n' August 22, 1977 The regular meeting of the Lino Lakes City Council was called to order at 8:00 P.M. on August 22, 1977 by Mayor Bohjanen. Council members present; Karth, McLean, Schneider. Mr. Zelinka will arrive later. Mr. Locher and Mr. Gotwald were also present. Mr. Mc. McLean moved to approve the minutes of August 8, 1977 as presented. Seconded by Mr. Karth. Motion carried unanimously. The Clerk presented the following items for Council consideration; ....Excerpt from the minutes of the Minnesota Environmental Quality Board had been received stating the action taken by that Board in conjunction with the West Oaks of Bald Eagle plat. The Board had denied the necessity of an environmental impact statement. The Clerk was asked to mail a copy of this to the Forest Lake Times. ..Mr. Robert Burman had written that he will be sending the documents in conjunction with the tax forfeited property asked for by the City. ..Mr. Burman also had sent the results of the School Zone Pedestrian Safety Study done for the Lino Elementary School. Speed zone signs will be installed as well as a no passing zone. ..Mr. Burman had forwarded the actions of the Board of Commissioners in regards to the re- spelling of the lakes in the City. The changes were - "Randeau" to Rondeau "; "George Welch" to "George Watch "; and "Forsham" to "Marshan ". Mr. McLean asked if this action was final or could it be altered by State action. Mr. Locher felt the State would need to approve but did not think the State would act counter to the County's actions. 1 ..A set of proposed rules containing standards and criteria for granting and denying permits to change the course, current, and cross - section of public water. The Planning and Zoning Board will consider these rules and the Clerk was asked to make a copy for Mr. Gotwald. Also to contact the Rice Creek Watershed Board for their comments. ..A contract proposal had been received from Mr. Short. This will be considered at the budget hearing scheduled for August 25, 1977 at 7:30 P.M. ..Municipal fines in the amount of $641.83 had been received for the month of July. Under Mayor Bohjanen's Report, Mr. Lester Winter appeared protesting a warning ticket he had received in reference to old un- licensed cars stored on his farm. Mr. Winter said he had this same problem in 1971 and had received permission from the Council to keep these vehicles. He said he uses them in his farming operation. Mr. Winter presented a letter initialed by Mr. L "Allier, Mayor, stating that an Attorney's opinion was being requested. Mr. Locher said he did not recall the incident. Mr. McLean asked how many old cars were stored on the farm - Mr. Winters, said 5 or 6; Mayor Bohjanen asked if there were motors in the cars - Mr. Winters said all but one. Mr. Locher read the Ordinance pertaining to this type of violation and felt this ordinance relates to the storage of 'unused' machinery - not just 'old' machinery. Mr. Locher sugg- ested holding this matter in abeyance until this matter can be checked. Mr. McLean moved to hold any action on the warning ticket in abeyance until this matter can be resolved, to direct an ordinance revision to make clear the intent. The Clerk is to inform the Police Department of this action. Seconded by Mr. Karth. Motion carried unanimously. August 22, 1977 Mr. Arlan LeTourneau appeared before the Council protesting the cost of a building permit. He presented the Council with copies of a permit for a garage and a fireplace and compared the costs to the building permit costs for the installation of a deck. He also objected to the pre- inspection charge levied by the Building Inspector. Mr. Zelinka arrived at 8:35 P.M. Mr. Mobley said the building was completed without a permit and is in violation of the State Building Code. This code also sets the pre - inspection fee and all charges are acc- ording to this code. Part of the cost is the pre- inspection fee and part is for a build- ing permit. Mr. Mobley said he had made five trips to that home and found no one home at any time. He had redtagged the sturcture with no results and had felt the only way to get action was by a court summons. Mr. LeTourneau said he did the constructionon the 28th of May and did not get a ticket until the 6th of August. He admitted building without a permit but said he did not know a building permit was necessary. He still felt he was being overcharged for the permit. Mr. Mobley listed the violations in building the garage, the fireplace and deck and said he would not withdraw the complal nt. Mr. Karth and Mr. McLean had done some computations on the square footage and arrived at a figure of $13.65 for the permit instead of $21.00. Mr. Karth moved to reduce the permit fee to $13.65. Seconded by Mr. Schneider. Motion carried with Mr. McLean and Mr. Zelinka abstaining. Mr. Locher pointed out the complaint signed against Mr. LeTourneau was for failure to ob- tain a building permit. Mr. LeTourneau admitted this but said he would not get a permit because he felt he was being overcharged. Mr. Locher said the Council could make a recommendation to Mr. Mobley the same as to a Police Officer. Mr. McLean felt the court costs are too much for the little that would be received but felt the reduced building permit fee and the reinspection fee is fair. Mr. Schneider moved to recommend to the Judge to dismiss the case. Mr. Zelinka seconded the motion. Motion carried with Mr. McLean abstaining. Mr. Karth said the fee of $13.65 plus a pre - instection fee of $15.00 is the amount due. The Council agreed and Mr. LeTourneau left a check in that amount with the Clerk. Mr. Locher said that some communities have the stipulation that if a building is started without a permit the fee is doubled. He thought perhaps the Council might want to study this provision in order to support the Building Inspector. Mr. Marlin Hansen felt he had had some of the same problems with the Building Inspector. He felt Mr. Mobley is too harsh and antagonizes people. Mr. Mobley felt this is the first time a Council had intervened with a citation. This citation was written according to State Law and he will not hold hands with people who break the law - he will help and advise. Mayor Bohjanen called the Public Hearing on Carole's Estates to order at 9:30 P.M. Mr. Locher read the notice of publication as it was published in the Forest Lake Times. 1 1 1 August 22, 1977 Mr. McLean presented the Council Actions on this matter. The soil reports were in the file as was the recommendations of the Rice Creek Watershed Board. This plat had received approval of the Rice Creek Watershed Board with some stipulations of soil erosion being controlled in order no to release sediment in the wetland to the East. The County Highway Department had asked for a 75' half right -of -way along Lake Drive. Mr. Gotwald had checked the soils report and noted that some of the lots would need spec- ial treatment. He suggested a copy of this report be given to the building inspector. After some discussion, Mr. McLean moved to approve this plat subject to the County High- way, Rice Creek Water Board, Planner and Engineer and according to the soil borings. Seconded by Mr. Karth. Motion carried unanimously. Mr. Karth moved to close the Public Hearing at 9:40 P.M. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Roger Kolstad appeared before the Council with a request to construct the South Street of the Air Park with a 24' driving surface. This had been approved at one time but when the street was to serve only the lots in the Air Park. This street is now on the section line and has opened the 40 acres to the South for development. Mr. Gotwald felt this would make it necessary for the full 30' driving surface to be in- stalled. Mr. Kolstad said part of the rough grading is already in and leveral lots are sold. He did say that both the South Street and the North Street will eventually connect with the streets in Sunset Oaks. Mr. McLean moved to require 30' driving surface on the South Street (Thomas) Street only. Seconded by Mr. Zelinka. Motion carried unanimously. The Street on the North is entirely within the Air Park and has a 2' buffer between this property and the property to the North. This 2' becomes an outlot. There was discussion of requiring the developer of the land to the North being forced to put another street parallel to the North Street -of the Air Park. After some discussion, Mr. McLean moved that the North Street be established with a 30' driveing surface with Mr. Kolstad being allowed to put in half a street as to the depth of the material and limit the number of homes and any development on the North until the street is broughtup to City specifications. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Kolstad presented a document from the property owner to the South for the 30' street easement. This is necessary for the filing of the plat. Mr. Karth moved to accept this document and authorize the Clerk and Mayor to sign. Seconded by Mr. McLean. Motion carried unanimously. Mr. Locher said he had searched the title on this plat and there are some questions being cleared. There are two pipeline easements through the property - one a blanket easement which must be reduced and a release on the second easement since it was never used. This does not effect the platting of the property, but could effect the salability of the lots. Mr. Kronholm was present to discuss the problem of West Shadow Lake Drive. There was discussion on the cost of the installation of this Street and the amount of the cost that will be assumed by Anoka County. The upgrading of the shoulders was a concern. There was some discussion on the participation of the property owners in this cost. After some time, Mr. Zelinka moved to authorize Mr. Gotwald and Mr. Volk to get two informal bids for the cost of surfacing this street. Seconded by Mr. McLean. Motion carried unanimously. 300 August 22, 1977 The figures presented will have to be checked against the cash flow. Mr. Zelinka said the Council had indicated the possibility of spending up to $5,000.00 on this street. Mr. Karth gave some figures of savings this past year on road expenditures suggesting that perhaps this could be used. There will be more discussion on this matter when a decision has been made by the County. Mr. McLean presented the actions of the Planning and Zoning Board from Nreir meeting held on August 17, 1977. Mr. Fran Burque had presented a request for a variance to a lot of less than the required 21 acres. This lot had been created by the installation of 1 35E. The Planning and Zoning Board had recommended approval of this request. Mr. McLean so moved. Seconded by Mr. Schneider. Motion carried unanimously. Mr. George Ernster asked for permission for an extra long driveway. He has the reguizrdd frontage and is purchasing 10 acres of land. The most logical place to place a home is beyond the allowed driveway length. Mr. Ernster had been told the maintenance and upkeep of this driveway is his responsibility. The City will not assume any liability for keep- ing this driveway open for emergency vehicles. Mr. Ernster understood and agreed to those terms. Under those conditions, the Planning and Zoning Board had recommended approval. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. Mrs. Norris Aune had requested a variance to split a lot in the Lexington Park Lakeview area. Mrs. Aune said their garage had been constructed so that it is 2' inside the lot line on the South lot. This would create a lot with 115' frontage on Lakeview Avenue. The lot to the North would then have a front footage of 135 +'. The Planning and Zoning Board had recommended approval of this variance provided Mrs. Aune had a certificate of survey before this meeting. The certificate of survey is attached. Mr. McLean moved to approve this variance. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Jerry Blackbird had presented a sketch for the platting of Twilight Acres #2, but some of the lots did not meet requirements. He will redraw and return to the Planning and Zoning Board. Mr. Swistoski and Mrs. Chorewycz had appeared before the Planning and Zoning Board with some questions on property they plan to purchase. They are looking at property at the end of 8Ist Street East containing 17+ acres for the purpose of establishing a commer- cial landscaping business. The Planning and Zoning Board had felt that since landscap- ing was considered agricultural, no permits were necessary. However, they passed this matter on to the Council saying that if the Council felt a permit for the keeping of a dump truck, back hoe, bob cat and trailer for use in landscaping was needed, they would approve. Mr. McLean pointed out the proposed usage is a permitted usage under Ordinance #56. Mr. McLean moved that no permit is required since the proposed usage of commercial landscaping falls into a permitted use catagory. Seconded by Mr. Karth. Motion carried unanimously. Mr. Roy Stanley had presented a request for six variances to split three lots in Sunset Oakes. This is necessary because it is a variance to the plat. The splitting of the lots gives all parcels of land the necessary area and frontage. The Planning and Zoning Board had recommended approval. Mr. McLean so moved. Seconded by Mr. Zelinka. Motion carried unanimously. The Planning and Zoning Board had considered some sign permit applications and had recomm- ended approval of I) Lee's of Lino; 2) Skyline Autobody; and 3) Rehbein Transit. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. Minutes carried forward to next book. 1 1 1 (minutes carried forward) August 22, 1977 There was some discussion on the upgrading of the sign ordinance and the fees, and the possibility of allowing one identifying sign for each business. There was also discuss- ion of re- designing the application form. The Planning and Zoning will consider this matter. Mr. Art Rehbein had requested a building permit on property owned by Mrs. Edith Kammerer and has no front footage on any street. The only access is over a private driveway ease- ment of 30'. The property was recorded in 1964 but the ordinance requirement for front footage on an established City Street was passed in 1957. This would make the land un- buildable. Mr. McLean moved that no action be taken on this request. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Schneider said that the Park Board meeting was concerned with budget preparation and he would defer reporting on that until the budget hearing on August 25, 1977. The Clerk will make copies of this for the meeting. Mr. Zelinka said the Personnel Commission had met and made their recommendations for sal- aries for the coming year. He would defer action on this matter until after the budget hearing. The data compiled by the Personnel Commission could be used at that hearing. The Clerk was asked if this information was built into the budget figures and she said, Yes. Mr. Locher presented the proposed method for the assessment for the LaMotte Road sewers. He had eliminated Outlot 1 since it only has a 60' frontage and has been dedicated for drainage purposes and-is not a buildable parcel of land. Mr. Locher suggested that the assessment be divided evenly and each lot pay the same amount. This is to be a 10 year assessment and the interest may be computed to provide an eren pay- ment for the 10 year period or it may be computed on a decreasing basis. There is no in- terest if the amount is paid within 30 days after the adoption of the assessment role. The Assessment hearing has been scheduled for September 12, 1977. The notices to the property owners must be in the mail by August 26, 1977. Mr. Locher felt this is a low assessment because 1) the contractor was already in the area; and 2) by constructing the lines at this time, another lift station is not needed. Mr, Karth moved to establish the assessment role on a cost per unit basis with a level payment. Seconded by Mr. McLean. Motion carried unanimously. Mr. Locher said he had tried to contact the Union Representatives to schedule a meet- ing but they were out of town. He had left a message but his call has not been returned. Mr. Locher reported on a call from W & G Rehbein in reference to the building that had collapsed on 20th Avenue North. He had told Mr. Rehbein that a building permit is not required for an agricultural building bur a land use permit is required. Mr. Locher said the Ordinance has been passed and published and is in effect but the Council should establish a fee for this permit. Mr. McLean questioned the need for some input from the building inspector. The Building Inspector will only check the usage and location as to side lot lines and front setback. After some discussion, Mr. Zelinka suggested a minimum fee of $20.00. Mr. McLean so moved. Seconded by Mr. Karth. Motion carried unanimously. Mr. Gotwald reported that he has finished the survey on Orange Street and 77th Street and the cost figures for upgrading has been computed. August 22, 1977 He presented his suggestions for sewering the lots North of the end of the present lines on East Shadow Lake Drive. Mr. Gotwald said there is enough depth to extend the present line to serve some 9 lots. He estimated the costs for the sewer lines, street with curb and gutter and to extend water to one lot to be approximately $21,300.00 or about $2,600.00 per lot. Mr. & Mrs. Johnston were present and felt this is a fair price. They will present this to the other owners and contact Mr. Gotwald. There was a gentleman in the audience who questioned the Council as to obtaining a towing contract with the City. He said he would be operating out of the Sparkle Wash building at 6943 Lake Drive. The Council told him to put his proposal in writing and presnt for consideration. Mr. Karth reported on the damage to the fire hydrant on East Shadow Lake Drive that the Centerville Fire Department had done in the course of their practice. Mr. Volk is pre- paring the cost figures for repairs and this will be billed to that department. The Clerk was also requested to write and ask how this damage had occurred. There were no requisitions. Mr. Karth moved to approve checks #8165 through and including #8193 for payment. Seconded by Mr. Zelinka. Motion carried unanimously. Mr. McLean moved to adjourn at 11:55 P.M. Seconded by Mr. Zelinka. Aye. These minutes were approved with corrections September 12, 1977 at the regular Council meeting. EDNA L SARNER, CLERK - TREASURER 1