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HomeMy WebLinkAbout06/22/1981 Council MinutesJune 8, 1981 LaROCQUE VARIANCE Mrs. Elsenpeter moved to reconsider a montion made at the May 26, 1981 meeting considering the lot split for Mr. LaRocque. Seconded by Mr. Kulaszewicz. Mr. Locher said the change that is necessitated is the words "removing Lot 7" being deleted. 13 Mrs. Elsenpeter moved to delete the words "removing Lot 7 ". Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Kulaszewicz moved to adjourn. Seconded by Mr. McLean. Aye 8:30 F.M. These minutes were considered and approved at a regular Council meeting held on June 22, 1981. Edna L. Sarner, Clerk - Treasurer June 22, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., June 22, 1981, by Mayor Gourley. Council members present; Elsenpeter, Kulaszewicz, McLean. Absent; Jaworski. Mr. Locher and Mr. Schumacher were also present. MINUTES Mr. Kulaszewicz moved to approve the minutes of June 8, 1981 as presented. Seconded by Mr. McLean. Motion carried unanimously. DISBURSEMENTS Mrs. Elsenpeter questioned the isbursement to Circle Pines. Mr. Schumacher explained that this is a reimbursement for H8W Insurance, since this City is in the process of changing insurance carriers, Mr. Zerwas will be cover- ed by his former insurance until July 1, 1981. Mr. Kulaszewicz moved to approve the Disbursements as presentd. Seconded by Mrs. Elsenpeter. Motion carried unanimously. OPEN MIKE Mr. 011ila had called and asked to be scheduled under this portion of the meeting, but he was not present. AMENDMENTS TO LAND USE CHAPTER OF COMPREHENSIVE PLAN - MR. BILL SHORT Mr. Short explained that this is a result of a meeting with the Metropolitan Council. These amendments must be presented to the Metropolitan Staff by July 1, 1981. There are four areas to be amended; 1 ) Land Use Plan; 2) Revising Density in particular areas; 3) minimum livability of each lot that has an on -site system; 4) Adoption of an interium ordinance to control development in the City during the time it is necessary to get the Comprehensive Plan in 1.4 June 22, 1981 force, and the time ti will take to amend the zoning ordinance to reflect the requirements of the Comprehensive Plan. Land Use Plan - one land use plan change affecting three areas - this is a classification change fro RR to Rurla, establishing a 1 unit per 10 acres. The two areas affected by this change are in the North Central part of the City. The third area is in the Southeast corner of the City and currently is classified as ER and Mr. Short is suggesting this be classified as Rural. Mr. Short explained the reasons for these suggested changes. Mr. McLean asked what the recommendations are for the lands already platted and Mr. Short said they would be allowed to continue the development. Mr. McLean said he disagreed with the calssification of the Southeast area. Mr. McLean said the sewer plans of this area have been planned to cnnect with White Bear Township. Mr. Short agreed, but said this must be shown in the White Bear Township Comprehensive Pland and, at this point in time, it is not. White Bear Township is not interested in spending the time or the money to revise their Comprehensive Sewer Plan at this point in time. If, in the fuure, the City of Lino Lakes, is interested in participating in a sewer extension into that area,then the Township will be glad to discuss this matter. Mr. Schumacher explained this will ensure the development in the City preceeds in an orderly fashion and not in isolated pockets. There was some discussion on the need for a public hearing on these changes. Mr. Short suggested, that since there have been several amend- ments to this plan prior to this meeting, it would probably be better to delay a public hearing on this plan until the draft has received approval from the Metropolitan Council. The second recommendation deals with controlling development within the City that is inside the area planned for sewer by the year 2000. Mr. Short pointed out these areas on his color -coded map. His recommendation was to discourage development of on -site systems by requiring a one unit per five area density or five acre minimum of size. In the areas already platted, Mr. Short had no solid recommendation - a suggestion was prhaps only allowing construction on every other lot - but this will have to be a Council decision. Mrs. Elsenpeter asked how this will affect the already filed plats that are in the process of being develped: Mr. Shcrt said it could be handled tow wasy 1) by only allowing construction on every other lot and 2) by requiring the homes to be constructed in such a manner as to in- sure that, if and when sewers are installed, the lot can be split. The third concept to discuss the minimum buildability - this would re- quire that, on every lot with an on -site system, there would be enough room for a back up system or perhaps two, at least 6 feet above the water table. The general consensus of the Council was this was a recommendation they could agree with. The fourth concept was an interium ordinance that would put a moratorium on all platting and development until such time as the Comprehensive Plan ahs been adoted and the zoning ordinance revised and in effect. Mr. McLean suggested that this also include a moratorium on all land splits, particularly the requests for variances to split lands by metes and bounds. 1 1 June 22, 1981 15 Mr. Short briefly recapped his four amendments to the Comprehensive Land Use Draft Plan. Mrs. Elsenpeter asked if the interium ordinance only affects the develop- ment on on -site systems and Mr. Short said, that is what he would recommend. Mr. McLean moved to disapprove the Planner's recommendation for the first item. Mayor Gourley asked for a second three times, there was none. Motion died for lack of a second. Mrs. Elsenpeter moved to approve the recommendation as presented by Mr. Short. The motion was seconded by Mayor Gourley. Mr. Kulaszewicz had some doubts about this proposal. Mr. McLean felt there should be an alternate proposal to this item. Mr. Kulaszewicz wondered if it was necessary to hold a public hearing on these changes. Mr. Locher said he would like to research the statute on this matter. Mayor Gourley asked that the motion and the second be withdrawn. A recess was called at this point in the meeting. The meeting reconvened at 9:00 P.M. Mr. Locher read the statute governing the holding of public hearings on the matter of the Comprehensive Plan. This statute states that only one hearing is necessary and this will be held at the completion of the necessary changes. Mrs. Elsenpeter move to approve Mr. Short's recommendation for the changes in the classification fro ER to R with a 10 acre minimum in those designated areas of the City. Seconded by Mayor Gourley. Motion carried with Mr. McLean voting, No. Mrs. Elsenpter moved to amend the Comprehensive Plan to require five acre minimum lot size in the undeveloped areas within the Urban Sewer Service areas for on -site systems. Seconded by Mr. Kulaszewicz. Motion carried with Mr. McLean voting, No. Mr. McLean moved to amend the comprehensive plan to require a minimum buildability of one acre, 6 feet above water table, exclusive of all road easements, power line easements and drainage easements. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The matter of an interium ordinance calling for a moratorium on all platting or subdivision outside the sewer service districts propsoed for on -site systems was discussed. Mr. McLean suggested that this Council indicate that such an ordinance will be written. Mr. McLean moved to direct the City Administrator to draft such an ordinance for presentation at the July 13, 1981 Council meeting. Seconded by Mrs. Elsenpeter. Motion carried unanimously. RESOLUTION - METROPOLITAN COULCIL TO IMPLEMENT SECTION 8 MODERATE REHABILITATION PROGRAM. Mr. Schumacher presented Roberta Everling from the Metropolitan Council Housing and Redevelopment Authority. She will explain this program to the Council. Ms. Everling explained the operations of this agency and the need for the Resolution as presented to the Council. Mr. Kulaszewicz moved to approve Resolution 81 -17. Seconded by Mr. McLean. Motion carried unanimously. 16 June 22, 1981 ROBERT DuFOUR — VARIANCE FOR SPLITTING LAND The Clerk reported that Mr. DuFour had called to say he would be unable to attend this meeting due to a business meeting he and to attend. Mr. DuFour has paid all fees for the issuance of his building permit, and in reference to the Court case, the charges in connection with the parking of the trailer without a permit, this is till scheduled for Court. Mr. McLean was concerned with the two certificates of survey - each containing a different legal description. Mr. Locher also has some questions on the computations of the acreage. Mr. Locher had checked all relevant offices in the County and there has been no filing of a contract for deed or any other document indicating that Mr. DuFour owns this land. Mr. McLean moved to table the request for the parking of a trailer until there is documented proof of ownership of the land and that a correct legal description be provided for the splitting of the land to include the proper land area computations. Seconded by Mr. Kulaszewicz. Motion carried unanimoulsy. LOCAL IMPORVEMENTS - JOHN REED Each Council member has a copy of the petition and a copy of the map indicating the location of this property. Mr. Reed is petitioning the City to install a street in this area for the purpose of selling this land for platting. The land is located at the East end, of the East /West portion of Baldwin Lake Road. Mr. Schumacher said the developer is asking for some assurance from this Council that, if he buys this land, the City will bond for and in- stall the street. Mr. Schumacher asked if the Council was willing to bond for this improve- ment prior to seening the plat and the Council said, No. Mr. Schumacher will contact the owner with this information. RESOLUTION 81 -16 APPOINTING DIRECTORS TO CABLE TV COMMISSION Mayor Gourley pointed out this is the same action that was taken at the last meeting but a formal Resolution is necessary. Mr. McLean moved to approve this Resolution. Seconded by Mr. Kulaszewicz. Motion carried unanimously. TELEPHONE CABLE INSTALLATION - 2nd AVENUE AND WOLLAN's ESTATES These requests and specs had been checked and approved by Mr. Meister and a letter of approval has been wirtten to the Council. Mr. MeLean moved to approve these requests. Seconded by Mr. Kulaszewicz. Motion carried unanimously. GAS EXTENSION - SHENANDOAH II AND CAROLE's ESTATES I These requests have also been checked and approval recommended by the Engineer. Mr. Kulaszewicz moved to approve. Seconded by Mr. McLean. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT 1 1 Council Meeting June 22, 1981 17 Mr. Wolters request for a special use permit for the construction of a well drilling shop in a commercial zone that is unsewered. Mr. Schumacher presented the letters from the agencies involved in this application; RCWB has approved the plans and specifications for drainage, there is a letter from Anoka County Highway Department in conjunction with the location of the driveway. There had been discussion of the set back and due to the topography of the land, the Planning and Zoning Board had recommended a set back of 70 feet. This will be 15 feet nearer the street than the existing plumbing shop but will be in line with the shop to the North. There was discussion of using Class 5 for the surfacing of the driveway. The ordinance states that the surface must be dust free and this material is not dust free. It was suggested that Mr. Wolters use a crushed lime- stone. There is to be a security fence without a security arm. Mr. Wolters ex- plained that he will be using a cable along the top. The landscaping plan was discussed for screening the rear of the lot from the abutting residential use. It was suggested that perhaps a plan should be prepared by a professional landscaper and presented to the Council for their consideration. There are seven items that should be considered; 1) the driveway should be on the northern side of the lot (Mr. Wolters said he is discussing this with the Anoka County Highway Department) 2) there be no exterior storage; 3) the vehicle access doors to the building not face the street; 4) landscaping plan to include trees and bushes; 5) dust free surfacing of crushed limestone to include the driveway and all parking areas; 6) approval of the 6' foot, fence (this to be approved by the building inspec- tor) 7) approval of the 70' set abck (this is the recommendation of the Planning and zoning Board). Mr. McLean moved to approve with the above stipulations. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. George Taylor - had applied for a variance to construct a single family resident in the commercial zone. This is an old lot of record. Mr. McLean moved to recommend approval of this variance. Seconded by Mr. Kulaszewicz. The size of the lot was discussed and Mayor Gourley pointed out that according to the zoning ordinance lots of record must contain 60% of the current requirements and this lot only contains approximately one -half an acre. Mayor Gourley suggested that a variance to this re- quirement would be needed, and would have to come back before the Council. On voting on the motion, the motion carried unanimously. JAN KUNTZER - ARCADE CENTER AND ICE CREAM PARLOR - SPECIAL USE PERMIT Mr. Schumacher reported that the majority of the discussion at the Planning and Zoning centered around the parking area and safety factors of that lot. The Planning and Zoning Board had recommended approval of this Special Use Permit pending acceptable solution to the parking lot problem. There had been a lot of discussion on this with no solid recommendation for this solution. There had been suggestions of trees, fence, speed bumps, etc., but no decision. 18 Council Meeting June 22, 1981 Mr. Kulaszewicz moved to approve the Special Use Permit for the Ice Cream Parlor. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Klimek - Long Driveway - Variance - Mr. Klimek owns a lot in Equity Estates and the only buildable spot on this lot necessitates a long driveway. Mrs. Elsenpeter questioned the driveway being constructed on the 30' easement for roadway purposes on Lot 9. Mr. Schumacher read the recommendations from Mr. Short. There was some discussion of the fact that the RCWB requirements on this subdivision are not completed. Mayor Gourley pointed out three things; 1) requirement of the culvert; 2) no fill to be placed in the drainage easement; 3) and that the drive- way be maintained by the owner to allow passage of emergency vehicles. Mrs. Elsenpeter moved to approve the long driveway with the above stipulations. Seconded by Mr. Kulaszewicz. Mr. Schumacher asked what the consequesnces would be if the C ity constructed a street over this easement? Mr. Locher felt the only way a City Street could be installed in this location would be by condemnation. The motion carried unanimously. FINANCIAL REPORT - MAY Mayor Gourley moved to table consideration of the May Financial Report/ Seconded by Mr.Kulaszewicz. Motion carried unanimously. COMMUNITY COUNSELING PROGRAM On considering the request of the Community Counseling Program for a donation, Mayor Gourley moved, that since there is no money budgeted for such purpose, to deny this request. Seconded by Mr. Kulaszewicz. Motion carried unanimously. LEXINGTON FIRE DEPARTMENT On considering the request of the Lexington Fire Department for donation for putting on the 4th of July fireworks, Mr. McLean moved to deny this request since this is not in the budget. Seconded by Mrs. Elsenpeter. Motion carried unanimously. ATTORNEY's REPORT 1 The application of Lee's of Lino for On -Sale, Sunday On -Sale and Off -Sale Liquor Licenses had been checked. Mr. Locher reported the bonds and insurance are in order. He noted that the insurance expires in April - this should be checked. Mr. McLean moved to approve. Seconded by Mr.Kulaszewicz. Motion carried unanimously. Rocky's North - On -Sale, On -Sale Sunday and Cabaret License applications had been checked. Mr. Locher pointed out a technicality in that in one place the name is signed 'D.M.Carlson' and in another 'Doris Carlson'. Mr. Locher suggested a letter verifying this is the same person. The insurance expires on 4/19. This should be checked. Council Meeting June 222 1981 . Mrs. Elsenpeter questioned the residency of the applicant - he does not live at the address on Main Street. She asked if he had moved into the lower level of the establishment - no one knew. Mayor Gourley said he had some questions on the operation that he would like to discuss with teh Police Department. Mrs. Elsenpeter moved to set a hearing for Rocky's North for July 13, 1981 at 8:30 P.M. Seconded by Mr. Kulaszewicz. There was a suggestion that the license be issued for that period only. Mr. Locher said the license cannot be extended - it automatically expires on June 30, 1981. Therefore, a new license should be issued and consideration of revocation be at the hearing. 19 The motion should state 'that the license will be renewed and a hearing called for July 13.' Mr. McLean moved to approve the licenses applied for by Mitra, Inc. and Greg Schlosser and to call a hearing on July 13, 1981 at 8:30 F.M. for the purpose of determing whether those licenses should be revoked. Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. Mayor Gourley asked the Administrator in instruct the Police Chief to prepare a report and to also have the Building Inspector stop and inspect the premises and make a report. OLD BUSINESS. There are two items under this item. Mayor Gourley moved to table con- sideration of the Personnel Policy. Seconded by Mr. McLean. Motion carried unanimously. Under Item two, consideration of Mike Johnson, Mr. Schumacher reported on the rojects he has outlined for Mr. Johnson to take care of this summer. Costing out the various services the City performs is a major one; the other project is working with the Community Development Block Grant Fund. There is a sum from that fund to be used for adminstrative purposes and the remaining part of his salary would come from the monies budgeted for seasonal employees. Mr. McLean moved to employ Mike Johnson for a three month period with a salary of $4.25 per hour. Seconded by Mr. Kulaszewicz. Motion carried unanimously. NEW BUSINESS The A.C.A.R.E.S. has requested the use of the City property at the City Hall site for a meeting - an exercise. This to be held on June 27 and 28, 1981. Mr. McLean moved to approve this use. Seconded by Mr. Kulaszewicz. Motion carried unanimously. MOUNDS VIEW RESOLUTION Mayor Gourley asked the Council members to review this and it will be placed on the July 13, 1981 agenda. Mr. Schumacher asked that the Council members read the Personnel Policy and mark suggestions for any changes they may have. Mr. Schumacher also reported that a letter of final approval on the Black 20 Council Meeting June 22, 1981 Duck project had been received from the Engineer on Friday and since most of the money is invested, there is only a partial payment in this meeting's disbursements. He wanted to clear this with the Council. Mr. McLean moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 11:05 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on July 13, 1981. dna L. Sarner, Clerk - Treasurer Council Meeting July 13, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., July 13, 1981, by Mayor Gourley with all Council members present. Mr. Schumacher, Mr. Meister and Mr. Locher were also present. MINUTES - JUNE 22, 1981 On considering the minutes, Mr. McLean correct them as follows; page three, paragraph two - the motion should read 'from ER to R' added after the work 'classification' in the second sentence, also adding 'a 10 acre minimum'. Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by Mrs. Elsenpeter. Motion carried with Mr. Jaworski abstaining. DISBURSEMENTS On considering the disbursements, there were no questions - Mayor Gourley said the disbursements would stand approved as presented. OPEN MIKE There was no one to speak. MR. JAMES LUSHINE Mr Lushine is with the Minnesota Department of Economic Development. Mr. Lushine noted that this deparment name will be changed. He was here to speak on what economic development does for a community. He pointed out that growth is inevitable. Mr. Lushine pointed out that there is no right answer as to what per- centage of the community should be developed into tack catagory. He said this City has the best of two worlds - rural and metro. Mr. Lushine said the least that should come out of this meeting is that the City should put together a profile of this community. His depart- ment will print up copies of this and forward 150 copies to the City for distribution. Mr. Lushine pointed out some things that should be done; 1) a slide program of what the City has to offer; 2) a labor force survey; 3) a