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HomeMy WebLinkAbout07/27/1981 Council MinutesJuly 13, 1981 ATTORNEY's REPORT Mr. Locher reported that he had checked the Schuenemann's Corners and found all things in order. Mr. Maworski moved to approve the final plat and uthorize the Mayor and Clerk to sign, contingent upon the park funds and platting fees to the paid. Seconded by Mr. McLean. Motion carried unanimously. 35 Mr. Jaworsk moved to table the balance of the agenda until July 27, 1981. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. McLean moved to adjourn. Seconded by Mr. Jaworski. Aye. 11:45 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on July 27, 1981. Edna L. ,rl it i arner, Clerk - Treasurer July 27, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., July 27, 1981 by Mayor Gourley with all Council members present. Mr. Locher, Mr. Kluegel and Mr. Schumacher were also present. Mr. Kulaszewicz moved to approve the minutes of July 13, 1981 as presented. Seconded by Mr. McLean. Motion carried unanimously. Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mr. McLean . Motion carried unanimously. OPEN MIKE There were no requests for this portion of the agenda and no one from the audience asked to speak. PLANNING AND ZONING ITEMS SPECIAL USE PERMIT - NORTH NORTHEAST REALTY This is an amended special use permit for the construction of an additional floor on the top of the existing building. The plans and specifications have been checked by both the Building Inspector and Fire Marshall for conformance. There had been discussion of screening with two methods being suggested - 1) screeing by planting, or 2) installation of a six foot fence. IThe parking was discussed, particularly the area facing the Tom Thumb Store. A bumper will be installed on this property line. Mr. Schumacher said the two major concerns of the Planning and Zoning Board was the screening adjacent to the residential area. These residents were present and this was of a major concern to them. The general discussion July 27, 1981 was on planting.. Mrs. Elsenpeter questioned Mr. Short's comments on prohibiting parking on the right -of -way and Mr. Schumacher said he felt perhaps Mr. Short had nor understood since there is no parking planned for any area that near the street. The Planning and Zoning Board had recommended approval of this amended special use permit. Mr. McLean moved to approve the amended special use permit for North Northeast Realty to add an additional floor for administrative offices and that screening as proposed in the sketch plan be installed within 60 days of occupancy of the building and all parking be 15' from the highway right -of -way. Seconded by Mr. Kulaszewicz. Mr. Schumacher presented the concerns of parking on the North lot line - there is a proposal for the construction of a bumper for this line. Mrs. Elsenpeter moved to amend the motion to add this requirement. The motion and the amendment were voted on together. Carried unanimously. GOOD - VEHICLE STORAGE. Mr. Good was not present to discuss this application. Mr. McLean asked if any one knew of any valid reasons for the storage of these vehicles. Mr. Schumacher said a letter had been set to Mr. Good requesting that he attend this meeting to discuss this application with the Counci but no answer either by mail or phone, had been received. Mr. McLean felt there was no valid reason for the storage of these vehicles and on that basis, he moved to deny the application. Seo ended by Mrs. Elsenpeter. Motion carried unanimoulsy. SIGN PERMIT - FAR VIEW SIGN COMPANY The distances from other signs, street right -of -ways, residential buildings were discussed. Mr. McLean asked if this was a double or singel and he— as told is a single sign with two sides. Mr. Jaworski asked if this sign was replacing the existing sign and was told, No. Mr. Schumacher questioned the silo that is being used for signs. It was reported to the Council that the persons advertising on that silo are out of business, and he understood that the sign will be painted out. This structure is owned by Acton. Mr. McLeam moved to approve the application with the stipulation that the silo sign will be blocked out before this sign is erected. Seconded by Mr. Kulaszewicz. Motion carried unanimously. COMPREHENSIVE ALND USE PLAN - HUGO Mr. Schumacher reported on the review of this Comprehensive Land Use Plan by Mr. Short. There are two areas of conflict in the designation of roadway usage; 1) Mian Street - Lino Lakes and Anoka County classification - Minor Arterial; Hugo classified as a Collector; 2) 24th Avenue - Lino Lakes classification is as a long range Collector - Hugo classifies as Local Roadway. There should also be considered long range sewer service in the Bald Eagle Area. Mr. McLean asked if there are any indications of sewer capacity from Hugo for Lino Lakes? Mr. Schumacher said Mr. Short indicated that there July 27, 1981 should be discussion on this matter. The general consensus of the Council was that the designations as set forth in the Lino Lakes Comprehensive Plan are the classifications that they would ask Hugo to support in reference to these two roadways. Mr. Schumacher will write a letter to Hugo to that effect. 37 MR. KELLY - PERMISSION TO MOVE IN MOBILE HOME. Mr. Kelly's home burned and he is asking permission of live in a mobile home while his home is being rebuilt. He understands that the unit cannot be moved in until his building permit is issued. Mr. Kelly had not filled out an application form. Mr, Kelly will beed to fill out an application form for Council consideration. FINANCIAL REPORT - MAY 8 JUNE Mr. Schumacher said there was very little activity in May and, unless there are questions, he would like to present the June report. Mr. Schumacher reported that the State Aid funds, in 1981, will not be received until the first of July, and on a monthly basis thereafter. On discussing the planned income, the City services receipts are up for that fund. The receipts are up by approximately $45,000.00 over the planned income. The activities in the Refund and Reimburement Fund was discussed. On discussing planned expenses, under consultants. this fund is approximately $20,000.00 over budget. This is an item that had been discussed at budget time and was anticipated, to a point. All other funds are very close to budget, with some departments being under budget. Mr. Schumacher felt the departments are staying pretty well within the budget. Mr. McLean asked about end of year porjection and Mr. Schumacher said that if things stay as they are now, he is anticipating approximately $70,000.00, but he would prefer to wait until later in the year before projecting this figure. Mr. McLean asked if a projection could be ready for next Council meeting and Mr. Schumacher felt that it could. RESOLUTION NO. 81 -21 - SETTING FORTH A LOBBIST POLICY FOR THE CITY OF LINO LAKES IN CONJUNCTION WITH NCSCCC. WHEREAS, the North Central Suburban Cable Communications Commission is seeking to develop the approval of a cble communications system within its member cities through a Joint Franchising Process; and, WHEREAS, it is a concern of the North Central Suburban Cable Communications Commission that in this process all persons who may have an interest in a particular cbale company that may be or is an applicant for a cranchise conduct any communications with regard to this matter with the Commission as a whole and not with individual members of the Commission ; and, WHEREAS, the North Central Suburban Cable Communications Commission has determined that it is in the best interest of all of those participating in the franchising process that all communications be public to avoid any sort of misunderstanding and unwarranted accusations that could otherwise develop either against the Commission or any off its Directors or represent - tatives; and 38 July 27, 1981 tatives; and, WHEREAS, the North Central Suburban Cable Communications Commission has determined that a policy must be adopted that will be consistently followed by its Directors with the recommendations that the Council of Member Cities lijewise adopt and adhere to a similar policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LINO LAKES AS FOLLOWS: 1. It is the policy of the North Central Suburban Cable Communications Commission that all communications regarding any matter of the cable communication system shall be directed to the NOrth Central Suburban Cable Communications Commission as a whole and not to an individual Director. It is not intended by this that communications with any Director by a Member citizen acting in a private capacity as a Member citizen be prohibited; 1 2. To this end, and in furtherance of this Resolution, the Commission hereby establishes a permanent lobbyist registration list be com- piled by the Secretary- Treasurer of the Commission and made a permanent addendum to the minutes of the Commission. Any individual, association, cable company or the like who supplies or intends to supply information to the Commission, any part thereof, or any citystaff person or consultant working with the Commission by action of the Commission, shall report in writing to the Secretary- Treasurer of the Commission, the name and affiliation of the person communicaing with the Commission, part thereof, or member city staff person or consultant working with the Commission. Passed by the Council of the City of Lino Lakes this 27th Day of July, 1981. F. Kenneth Gourley, Mayor ATTEST: Edna L. Sarver, Clerk - Treasruer Mrs. Elsenpeter said the first joint powers meeting this Thirsday and this is a recommendation from that Commission aid is intended to insure that all Communities are treated the same in considering Cable TV. Mrs. Elsenpeter moved to adopt this Resolution. Seconded by Mr. McLean. Motion carried unanimously. A recess was called at this point and the meeting reconvened at 8:40 P.M. PERSONNEL POLICY Mr. Schumacher pointed out that this document had been considered last year and there had been concerns of Section 16 - Special Leave; Section 18 - Maternity Leave; Section 17 - Breavement Leave and Section 13 had been omitted in typing. 1 1 July 27, 1981 39 Mr. Schumacher stArted with Section 13 which deals with suspension and rights of appeal. Mr. Schumacher read the revised section. Section 16 - Special Leave which deals with employees attending conferences, etc., this allows approval through the City Administrator's office rather than having to have approval from the Council. These are budgeted items. Section 17, Breavement Leave, concern on definition of immediate family. This section sets forth the immediate family - with three working days off with pay. With members of the family outside the immediate family, three working days off with pay to be deducted from sick leave. Section 18, Maternity Leave, generaly handled under a broad clause but Mrs. Elsenpeter had felt this section should be more specific. Mr. Schumacher read the revised section. These were the only concerns that had'been set forth at the last discussion of this policy. Mayor Gourley had some concerns with Section 7. He felt that this Section deprives the employee of any rights of appeal. Mayor Gourley said this gives the City the right of fire an employee without any review during the first six months of his employment. He felt this probationary employee shaould have a review sometime during that six months period. Mr. Schumacher felt that some of the respobsibility for decisions in this area should be left to the immediate supervisor. Mr. Schumacher felt each department has its own rules for handling employees in this catagory and since this is an Ordinance, it should be handled on a general basis. Mayor Gourley felt that should be a requirement that the department head equire a review at the three months level. Mr. Jaworski said there should be a statement in this Personnel Policy, that Union Contracts take precedence over this Policy. Mr. Schumacher pointed out this is provided in Section 3. Mr. McLean moved to amend this section to require a written three months review on probationary employees wa well as a six month written review. Seconded by Mr. Jaworski. Motion carried unanimously. Mrs. Elsenpeter moved to adopt Ordinance #83, Personnel Policy and the Clerk is to prepare a summary for Council consideration for publication. Seconded by Mr. Kulaszewicz. Motion carried unanimously. HEARING - CARRIAGE HOUSE STABLES SPECIAL USE PERMIT - 9:15 P.M. Ken Hardwick and Marty Bancroft were present to represent the Stables. There had been a complaint filed in conjunction with waste disposal and stock piling at this location. Mr. Kluegel, Building Inspector, had inspected this site and reported that IIthere was a stock pile of animal waste that could possibly casue contamina- tion of Hardwood Creek. Mr. Kluegel said there had been some concerns with the adequacy of the septic system. He had talked with the person who had the system installed and had been told this system was designed to serve 80 persons and had been inspected by the County. There had been a problem with traffice over part of the drain field but that is no longer true and there has been some leveling done in this area. July 27, 1981 Mr. Kluegel reported there has been some landscaping done behind the buildings. Mrs. Elsenpeter had inspected the area and most of the concers she had have been taken care of - the stock pile of animal waste on the North side of the barn is the one that could cause contamination. Mr. Hardwick said this is being removed. Mr. McLean moved to grant a continuance of the Special Use Permit for Carriage House Stables, #18, to be changed to North American Dressage, for identification. Seconded by Mrs. Elsenpeter. Motion carried unanimmusly. UPDATED LIST OF SPECIAL USE PERMITS The matter of the Krysinski used car lot was to have been considered at this meeting but the money due had been paid and the matter had been cleared. Mr. McLean questioned 21, furniture stripping - was a special use permit ever granted? Mr. McLean felt this permit had never been issued. Mr. Jaworski questioned #31, there should be two special use permits for these Outlots. The Clerk will make the correction. Mr. McLean moved to cancel Special Use Permit #58, issued to Tim REhbine, by his request. Seconded by Mrs. Elsenpeter, Motion carried unanimously. Mrs. Elsenpeter suggested that the Special User Permits issued to the Stables and Kennels should be checked - has aby one done this? Mr. Jaworski moved to extend Special Use Permits #1 through #57, holding #21 for checking, for one year. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. McLean asked that #21 be reported on at the next Council meeting. RESOLUTION 81 -19 - 81 -20 1 These Resolutions resets the public hearing for assessment for Andall Street, Lantern Lane and Lantern Circle and is necessary due to publication - this must be done 14 days before the hearing. Mr. Jaworski moved to adopt Resolutions 81- 19/81 -20. Seconded by Mr. McLean. Motion carried unanimously. CONSIDERATION OF MOUNDSVIEW RESOLUTION 2 -89 (LINO LAKES #81 -22) Mr. McLean said he would support a public hearing on this matter. The gnereal feeling of the Council was this is what the Resolution asks for. Mr. Jaworski moved to adopt Resolution 81 -22. Seconded by Mr. Kulaszewicz. Motion carried unanimously. RESOLUTION REQUESTING A PUBLIC HEARING ON THE ANOKA COUNTY - BLAINE AIRPORT MASTER PLAN WHEREAS, the Minneapolis -Saint Paul Metropolitan Airports Commission has had a Draft Master Plan prepared by TRA Airports Consultants, dated May, 1981, and, WHEREAS, the Minneapolis -Saint Paul Metropolitan Airports Commission will use the recommendations provided in this Draft Master Plan to establish a formal master plan, guiding the improvement /expansion of the Anoka- Blaine Airport, and July 27, 1981 41 WHEREAS, a Public Meeting held by the Metropolitan Airports Commission on May 14, 1981, was inadequately publicized, in that recipients of meeting notices did not receive such notices until after the meeting had been held, and WHEREAS, it is the desire of the Lino Lakes City Council that sufficient opportunity be provided for public input in the master planning process prior to adoption of such master plan by the Minneapolis -Saint Paul Metropolitan Airports Commission. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Linp Lakes hereby request that the Minneapolis -Saint Paul Metropolitan Airports Commission hold a Public Hearing, with the Commissioner present, on the Airport Master Plan prior to the selection of an alternative identified in the Draft Master Plan, with said hearing being publicized well in advance of the hearing date and at a location convenient to property owners in the proximity of the Anoka County- Blaine Airport, and that technical experst be present as such Public Hearing to discuss the Draft Master Plan and its technical details. Passed by the Council of the City of Lino Lakes this 27th day of July, 1981. F. Kenneth Gourley, Mayor ATTEST: Edna L. Sarner; Clerk - Treasurer ORDINANCE - MORATORIUM ON LAND DEVELOPMENT Mr. Jaworski reported that he had had some questions from some of the citizens on this proposal and he would like to see this table until he ca- get some answers. Mr. Jaworski moved to table consideration of this Ordinance, Seconded by Mr. McLean. Motion carried unanimously. MR. KELLY Mr. Kelly's house burned and he is asking for permission to park a mobile home on his lot during the reconstruction of this home. Mr. Kelly explained that the mobile home has been rented to a family in St. Paul and will be available on Friday of this week. If the company can drop it off in Lino Lakes without having to take it back to Anoka and then bring out here, he can save about $200.00. He explained it would not be occupied until he has a building permit. Mr. Kelly felt that he should have building plans available by the end of next week. Mayor Gourley asked if he could pay for the building permit before his plans are finalized, and Mr. Kelly did not see any problems. That way the Building Inspector could approve the plans and allowthe trailer to be brought in. Mr. McLean had no problem with parking a trailer at that location for a few days, unoccupied, and no occupancy to occur until the Building permit is issued. Mr. McLean moved that Mr. Kelly be allowed to park the trailer at 42 July 27, 1981 that location, and occupancy only occur at the time the building permits are paid for and issued. Seconded by Mr. Jaworski. Motion carried unanimously. A recess was called at this point in the meeting. The meeting was reconvened. ATTRONEY's REPORT Mr. Locher reported that he has ezamined the title to Outlos H F. K, that has been platted into Lakes Add. #6 8 #7. He also had gone over the plats with teh County Surveyor and there is one change necessary along line of Lakes Add. #2. The last of the 1981 taxes are due on both plats. On considering the letter from Mr. Meister, the suggestion that easements for the driveways and utilities will be necessary and Mr. Blackbird said this is provided for in the covenants on the land. Mr. McLean asked about approval from the Rice Creek Watershed Board and was told that these plats must have Council approval before RCWB will consider them. Mr. Balckbird presented the list of restrictive covenants; 1) only hand carried canoes may be launched. 2) no docks or piers, 3) common areas will be established before any deeds are transferred, 4) two areas as common areas; (1) on shore line and (2) near the East portion, 5) the area near the lake - no construction, 6) the improvements on the other area will be made in accordance with the decision of a majority of the first twenty home owners of the Association and costs not to exceed $8500.00, 7) utility easements will be created, 8) HUD guidelines will be used to create the covenants, 9) Landscaping will be done as construction is completed, 10) assessments will be equally assessed regardless of lot size, 11) if tress designated will not grow in soil, another type will be subsittuted, 12) no two quads, side by side, will have the same ex- terior, 13) elevations will be set according to study done by Geo -Tech, 14) a recommendation from NSP for street lighting will be forwarded to the City. Mr. Blackbird felt this covered all concerns of the citizens that had been expressed at the public hearings. Mrs. Elsenpeter asked that the exteriors be considered on every three quads, rather than side by side. Mr. Blackbird said there would be four exteriors to choose from and he felt that side by side would be no pro- blem but across the street, that might be a problem. The covenants hat will put on the land and the Articles of Incorporation was discussed and Mr. Balckbird explained how these would be established and enforced. Mayor Gourley felt that any motion to approve should include a condition that the Council review the covenants, articles of incorporation and by laws, the restrictions. Mr. Blackbird felt the covenants and restrict- ions should be ready in about three weeks for the Council to review. Mr. McLean moved to approve the final plat of Lakes Addition #7 contingen upon review of the restrictive covenants that will be supplied by the developer and finally approved by the Council and Attorne, also that the Lots 5,6,7, and 8 of Block 2 be given a variance covering lot width and depth , and contingent upon the Council review of the homeowners articles and bylaws. Seconded by Mr. Kulaszewicz. Mr. Jaworski July 27, 1981 43 suggested that the approval include that no building permits be issued until the review requirements have been met. Mr. McLean gareed with this amendment. Mr. Schumacher asked if the question of unpaid taxes should be addressed. Mr. Locher said this was not necessary. Motion carried unanimously. In considering Lakes Add. #6, Mr. McLean asked Mr. Locher if there were aby problems with this plat and Mr. Locher said, No. Mrs. Elsenpeter moved to approve the final plat of Lakes Add. #6. Mr. McLean seconded. Motion carried unanimously. Mr. Jaworski moved to authorize the Mayor and Clerk to sign both the final plats of Lakes Add. #6 and #7. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ATTORNEY'S REPORT — ADEQUACY OF SEWER PETITIONS Mr. Locher reported that has computed both of the petitions presented for the Lake Drive sewers and there are two Attorney General's opinions excludes State and C ity lands and County all which are non -taxed lands. The first petition has about 35 1/5% and the second petition has about 41% and that will give you an average of about 38% for both and the petitions are in order. He had checked with the bond councel and they said the two can be considered together in the same application and it would be the same project. These percentages apply as the petitions were originally presented to the City Council. Mr. Locher has researched a question relating to Green Acres. There is nothing in the Green Acres statute that prohibits in any way deferring taxes on Green Acres lands. It specifically says "assessments" and not any specific assessments to the only problem is that the property must qualify for Green Acres. If it qualifies for Green Acres, it qualifies for deferr- ment of any assessment at all. Mr. Locher explained the particular items on which assessments can deferred on Green Acres property; sanitary sewer, water, storm sewers, etc. Mr. Locher said there was also a question as to whether or not an area ssessment should not be increased for commercial property as opposed to residential. He said that there is no question at all that if the City did this it would be discriminatory. Another question raised was whether or not an impact statement was required. Mr. Locher said it was not required by statute. There was a question about senior citizen deferrment. Mr. Locher said under the statutes the Council would have to pass an ordinance establishing guidelines for this deferrment. This would be under Minnesota Statute 435.193. Mayor Gourley had a question about deferrments for persons who are totally dependent upon disability income. Mr. Locher said he would get the answers to this question. Mayor Gourley referred to a recent law passed by the legislature and outlined in a recent League Magazine. Mayor Gourley asked, "Where do we go from here ?" Mr. McLean said the Council should set some target dates. There was discussion about whether there should be alternative plans and the costs of alternative plans and 44 J July 27, 1981 the costs if, the project should be dropped. Mr. Schumacher explained there would be extra costs if there were amendments or changes to the original feasibility report. Mr. McLean felt the Council should consider the present project within a certain period. If the project is approved then it goes forward but if it is rejected then the Council can look at a secondary alternative situation. Mrs. Elsenpeter suggested looking at alternative plans now and if the Council comes up with an alternate the the Council could approve or disapprove the alterant. She felt it would be less costly to find an alernate before asking for engineering studies. Mr. Kulaszewicz said he just wanted to set a date to vote on the present proposal. Mayor Gourley said he had some alternatives that he would like to look at. Mr. McLean asked if the Council could get a smaller version of the present plan from the engineers. Mayor Gourley said he would want to see a financial impact of the system by eliminating the area assessmen completely and see what effect that has on the financing of the prohect. A lso he would like to see some numbers on a project that would terminate at 77th Avenye and except that he would rather see the trunk line go through the Schilling property than up 4th Avenue. He felt that if you eliminate the area assessment except for those actually on the line, then the cost will be placed more on the benefited properties. Mr. Kulaszewicz said it would place more of the financial burden on the developers. Mr. McLean felt this was more where he was coming from There was discussion on a shorter sewer line. Mr. SChumacher asked what the Council's feeling were about the subject of the developers payment up front. This had been discussed at the last meeting. The Mayor felt this should be included in the financial study. Mr. McLean said this is one way of haing the benefitted parties carry the load. Mr. Jaworski felt if the developers made the committment to to pay 25% up front this would insure they would not leave the property sit undeveloped. Mr. McLean asked that the agenda for the next Council meeting be kept short and the alternative sewer suggestions be placed on the agenda early. OLD BUSINESS Cable TV - Mr. Jaworski moved to table, seconded by Mr. McLean. Motion carried unanimously. FLOOD PLAIN STUDY - Mr. Schumacher explained that this is just a pre- liminary map and there are some discrepancees in the map. The City has six months to pick out the discrepancies. The City has already contacted some of the affected property owners who are all spending a lot of time to correct this map. Mr. McLean moved to leave the Flood Plain Study off the agenda for a month to the first meeting in September. Seconded by Mr. Jaworski. Motion carried unanimously. NEW BUSINESS Mr. McLean moved to forget new business. No second ' Mr. Kulaszewicz moved to ajournat 11:15 P.M. Seconded by Mr. McLean. Aye. These minutes were considered and approved at a regular Council meeting held on August 10, 1981. Edna L. S.rner, C erk- reasurer