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HomeMy WebLinkAbout05/11/1981 Council MinutesMay 11, 1981 1 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., May 11, 1981 by Mayor Gourley with all Council members present. Mr. Locher, Mr. Meister and Mr. Schumacher were also present. Mayor 'Gourley offered the following corrections of the minutes of April 27, 1981. Page 5, last paragraph under FOX TRAIL SURFACINT, strike, "moved for approval" and insert "put the question" and add "as presented ". In the last sentence delete "request" and insert "question" and add "with Mrs. Elsenpeter voting No ". Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to approve the disbursements as presented. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OPEN MIKE Mr. Peter Scherer appeared before the Council with concerns of a ponding area to the North of 64th Street that is spilling water onto his land and could spill over onto the Street. After some discussion, Mr. McLean moved that Mr. Schumacher, Mr. Meister and Mr. Volk check this for the protection of the City Street. Seconded by Mr. Jaworski. Motion carried unanimoully. E.R. Henriksen - Variance to Ordinance #78 for the splitting of his land. This proposed splitting of the land had been started before the Ordinance was passed and Mr. Henriksen is asking to be allowed to complete his plans. The Planning and Zoning Board had recommended approval of this request and the plan was to have been presented to the Park Board for their recommenda- tions but there had not been a quorum at the last meeting. The Planning and Zoning had recommended money in leiu of land. Mr. Henriksen asked to pay the park dedication as the lots are sold. There was discussion o the amount per acre being updated and how this would affect such an agreement. Mr. McLean had questions on this kind of an agreement and felt this pra- ctice should be ceased. Since there were unanswered questions, Mayor Gourley suggested just dealing with Lots 1 & 2 (which are sold) at this point in time and deal with the remaining acreage at a later date. Mr. McLean moved to approve the var- iance to Ordinance #78 on Lots 1 & 2 on the E.R. Henriksen property and that money in leiu of land be required for park dedications. Seconded by Mr. Kulaszewicz. Mr. Schumacher questioned the area of easement and asked if it was not necessary for the City of have ddeds to those areas and Mr. Locher said, Yes. Mr. McLean amended his motion to include the requirement for deeds to the City for the drainage easements. Mr. Kulaszewicz accepted the amendment. Motion, as amended, carried unanimously. Mr. Ostlie of Lake Drive, asked Mayor Gourley, if he got the consensus of the majority of persons in the City to oppose the installation of the trunk sewer, whould he, the Mayor, vote the proposal down? Mayor Gourley said this item is not on the agenda, the Public Hearing is scheduled for May 27, 1982, at that time all testimony will be heard and the Council will make a decision at that time. He will not discuss this subject at this meeting. 2 May 11, 1981 FINANCIAL REPORT Mr. Schumacher presented the financial report for the first quarter, noting the balances in the various funds, also noting some transfer corrections made by the Auditor. Mr. Schumacher pointed out the cash flow problems, and recommended the transfer of $72,681.00 from a fund that has been closed out with this amount as a surplus. This money to be transferred to the General Fund to help relieve the deficit in the General Fund. Mr. Jaworski moved to approve this transfer. Seconded by Mr. McLean. Motion carried unanimously. 1 S J CONSTRUCTION - MR. DOYLE This item was delayed from last agenda and is a request'for a variance to the thirty foot setback. Mr. Doyle is asking for a 10 foot setback which is caused by the fact that the majority of the property is below the high water mark. The various agencies involved in this project has suggested this setback variance to allow for as little fill as possible in the wetlands. Mr. Schumacher pointed out this is an old plat and there is a definite hardship to the development ofthe land. He recommended that the Council work closely with Mr. Doyle in order to solve this problem. Mr. Schumacher presented the Planning and Zoning Board's re- commendation which approved the setback and included the recommendation of a zero lot line consideration. There is also a letter from the Engineer stating there would be no engineering problems with the reduced setbacks. Mr. Jaworsk moved to approve this request per the Planning and Zoning Board's recommendations. Seconded by Mrs Kulaszewicz. Motion carried unanimously. A recess was called at 8:35 P.M. The meeting reconvened at 8:45 P.M. C.I.P. Mr. Schumacher reviewed this program and explained this is a long range plan for expenditures over and above the regular budgeted items, for the addition or replacement of personnel and equipment. The C.I.P. for the Park Department was discussed first with the total expenditures for each year with the designated areas of spending noted. Mr. Schumacher explained the amounts for each year and the area planned for the improvement. The C.I.P. for Public Works equipment was considered. This is for the equipment needed to operate all the departments, not just the roads. Some of these pieces of equipment have interdepartmental uses. This will save money for the City and eliminate the need for duplicating some pieces of equipment. Some questions on the equipment were discussed with Mr. Volk as to the need and where they would be used. The C.I.P. for the Administration Department, Fire Department, Police Department was discussed and analyzed. This discussion is for informational purposes and no action is needed. PROPOSED ANIMAL ORDINANCE. Mayor Gourley noted that this proposed animal ordinance was developed from the report written by the Animal Committee. There had been some changes which Mayor Gourley pointed out. Copies of this proposed 1 May 11, 1981 ordinance had been made available for persons in the audience. Mr. Locher had reviewed this proposed ordinance and had not found any problems with teh statements in the Oridnance. 3 There was a question on the portion repealing certain ordinances and Mayor Gourley explained this merely repeals all other ordinances now in effect and makes this the principle law. Mrs. Elsenpeter had some questions as to how this would apply to parcels of lamd and animals kept there, containing over 10 acres. Mayor Gourley suggested that the opening portion of the Ordinance be rewritten by Mrs. Elsenpeter to include this point. There were some questions as to registration and the reasons for this requirement from the audience. Mayor Gourley explained this would allow pre- existing non - conforming uses to remain. He also pointed out that under the current ordinance a hobby farm must contain 10 acres or more. This ordinance is an effort to allow animals on less than 10 acres. Mayor Gourley announced a recess at this point. He asked that the people who have differences with this Ordinance as it is written contact either Council members or Mr. MCGrath sometime during the next two weeks and let them know. This Ordinance will then be on the May 26, 1981 agenda. There is to be no action on this oridnance at this meeting. The meeting was reconvened. Mayor Courley. asked for comments from the Council members at this time. Mr. Jaworski said his only objection was that he felt the animal unit per acre is too high. As it is now set forth there could be 500 ducks on five acres of alnd - also 11 ponies could be kept on 5 acres of land - he flet it would be difficult to live next door to 500 ducks or chickesn on five acres of land. Discussion on this ordinance was suspended until the May 26, 1981 agenda. ATTORNEY'S REPORT Final approval of Schilling Industrial Park. Mr. Locher said he had not seen the final plat. The Clerk gave him a copy. While waiting for Mr.. Locher, the matter of the Wet Lands map was briefly discussed. Mr. Locher had looked at the Industria; Park plat and found a small tri- angular parcel of land that he had a concern but found that it was included in the abstract. Park land dedication has been provided for this in the Wollan's Estates plat. All agencies reviews are in and requirements have been met. This land has also been rezoned to LI. Mr. McLean moved to accept the final plat for the Lino Industrial Park contingent upon the Attorney checking the legal description. Seconded by Mr. Kulaszewicz. Motion carried unanimously. SCHEUNEMANN CORNER Mr. Locher had not seen a copy of the final plat of this subdivision. He said if it is the same as the previous final plat, then he has a copy of May 11, 1981 that. Mr. Scheunemann said it was the same except for signatures. There is money due for aprk dedication on this plat. Mr. Meister asked if this had been set to RCWB? The Clerk checked through the files and could not find a response from that agency. Mr. Kulaszewicz moved to table this until the next meeting. Seconded Mr. McLean. Motion carried unanimously. Mayor Gourley said this would need to go to RCWB and will be on the agenda as soon as the City has a response. BOARDING FEES. Mayor Gourley asked the Attorney to have a Resolution for Boarding fees, needed in conjunction with the Animal Contract, ready for the next meeting. JOINT POWERS AGREEMENT WITH ANOKA COUNTY This matter had been tabled from last meeting for the purpose of check- ing the insurance agent to determine if the City is covered. Mr. Schumacher said he had checked with Mr. Kelly and it was felt that the City would be covered under our current insurance. Mr. Locher had discussed this with the County Attorney's office and he explained the reasons for this agreement. This agreement would give the officers the status of a police officer in all communities, not just the one where he is employed. Mr. Locher had read the agreement and found no problems with signeing. Mrs. Elsenpeter moved to adopt this Joint Powers Agreement. Seconded by Mr. Kulaszewicz. Motion carried unanimously. MARDON GAS EXTENSION - NORTH CENTRAL Mr. Meister said this is just an extension of the existing service and he found no problems. Mr. Kulaszewicz moved to approve this extension. Seconded by Mr. MCLean. Motion carried unanimously. INFILTRATION IN SHENANDOAH I. This had been brought to Mr. Schumacher's attention by Mr. Volk who had felt that the amount of filtration into this system, which is only a few years old, was excessive. Mr. Meister said this can occur at any time in a system and he suspected that the major part of this had occured at the time the newly constructed homes had been connected. The stub had been flushed into the system. Mr. Volk had suggested, that in the future, before any system is accepted by the City, that the developer be required to clean the system. Mr. Meister said this is done at the present time and he outlined the method in which new systems are checked for infiltration and the requirements imposed on the contractor. REPLACEMENT FOR OFFICER WREDBERG. Mayor Gourley noted that all Council members have a copy of Officer Wredberg's resignation. Mayor Gourley said unless there is a question o the resignation, Mr. Schumacher had a recommendation for his replacement. Mr. Kulaszewicz moved to accept Mr. Wredberg's resignation. Seconded by Mr. Jaworski. Motion carried unanimously. May 11, 1981 5 Mr. Kulaszewicz moved to approve the recommendation for the employing of Mr. David Zerwas as a Police Officer with the salary to be $1650.00 per month. Seconded by Mr. MCLean. Motion carried unanimously. WET LAND MAP 1 1 Mr. McLean asked if a revised wel alnds map had been received from the DNR? The Clerk said there has only been the revised map as prepared by the County, there has not been any additional maps from DNR. Mr. Jaworski asked Mr, Schumacher to check for any newer revised maps and this matter to be on the May 26, 1981 agenda. RESOLUTION 81 -10 (copy attached) Mr. McLean moved to,adopt Resolution 81 -10. Seconded by Mr. Kulaszewicz. Motion carried unanimously. RESOLUTION 81 -9 (copy attached) Mr. Jaworski moved to adopt Resolution 81 -9. Seconded by Mr. McLean. Motion carried unanimously. RESOLUTION 81 -11 (copy attached) Mayor Gourley noted that the word 'improvement' should be changed to 'construction'. Mr. Jaworksi moved to adopt Resolution 81 -11. Seconded by Mr. Kulaszewicz. It was noted that any place the work 'improvement' appears, it should be changed to 'construction'. Motion carried unanimously. OLD BUSINESS PROPOSED PROPERTY TRANSFER AGREEMENT This is concerned with the fact that Anoka County will record any size property disregarding any local ordinances that prohibit this to be done. The County suggested that the municipalities apply for legislation on this. Mr. Locher felt this is a good agreement and would mean more work at both the County and Municipal level. Mr. Locher suggested sending letters of support on this and Mayor Gourley asked Mr. Schumacher to take care of this matter. WALKWAYS ON MAIN STREET Mr. Jaworsk moved to table this subject. Seconded by Mr. McLean. Motion failed. Mrs. Elsenpeter said that the children is this area will be walk- ing to school in the coming year and she felt that the County and District #831 should be contacted with this information and with the suggestion of oergaos sine upgrading of Main Street to make it safe for the children. Mayor Gourley suggested that Mrs. Elsenpeter handle this and he will assist her. Mayor Gourley reminded the Council that the next regular meeting will be on May 26, which is a Tuesday. Mr. Kulaszewicz said he would be out of twon on that date. The Public hearing on the sewer proposal will be on May 27, 1981 at 7 :30 P.M. May 11, 1981 Mr. Jaworski moved to adjourn; Seconded by Mr.,McLean. Aye, 11;00 P,M. These minutes were considered, corrected and approved at a regular scheduled meeting held on May 26, 1981. Edna ner, Clerk- Treasurer May 26, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:35 P.M., May 26, 1981 by Mayor Gourley, Council members present; Elsenpeter, Jaworski, Kulaszewicz, Absent; McLean. Mr. Schumacher and Mr. Locher were also present. On considering the minutes of May 11, 1981, Mrs. Elsenpeter corrected the last paragraph, page five, third line, to delete the word 'Council' and insert the words 'County and District #831'. Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by Mr. Jaworski. Motion carried unanimously. OPEN MIKE Mr. Bill Molin appeard to discuss the installation of the fence around the cement plant. Mr. Jaworski asked about the driveway that exits onto Fourth Avenue he flet that street is not constructed in a manner which can handle the large trucks that are used. Mr. Molin said this is basically used for the storage of empty trailers but if the Council felt that driveway should not be used, the trucks could use the driveways that enter from Lilac. Mr. Jaworski moved to approve the installation of the fence, without the security arm, with the stipulations that the driveway on Fourth Avenue be vacated and that the trees that have been planted for screen- ing not be disturbed. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ANIMAL ORDINANCE Mayor Gourley noted some revisions of this oridnance since the last meeting. The ordinance is basically the same with the exception of the subdivision setting forth the requirements for the ownership of the land. Mr. Jaworski moved that Subdivision 1.23 be changed to read 'that the animal unit per acre be one -half (2)', in place of the 'one animal unit per acre'. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mrs. Elsenpeter moved to approve this Ordinance as amended with the proper number being assigned and the proper ordinance number being in- serted under subdivision 8.20. Seconded by Mr. Jaworski. Motion carried unanimously. ANOKA COUNTY HIGHWAY DEPARTMENT Mr. Paul Ruud, Anoka County Highway Enigneer, presented the Council with the plans and specifications for the upgrading of Highway #8 from Lilac Street North to Pine Street. Some of the construction changes to be