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HomeMy WebLinkAbout08/29/1983 Council Minutes92 Council Meeting August 22, 1983 Mr. Reinert moved to waive the reading of this Ordinance and accept the Ordinance for the first reading and put this in the agenda for September 12, 1983. Seconded by Mr. Kulaszewicz. Motion carried unanimously. OLD BUSINESS The Clerk reported that she had received a letter from MnDOT notifying the City that the City's State Aid Road System had been adopted and giving those strees MSAS numbers. The Clerk is to make a copy of this for Mr. Volk. NEW BUSINESS Mr. Schumacher reported on the governing body that will administer the cable franchise. This should be discussed at the August 29th meeting. This person should be a resident of the City and not necessarily an elected official. Mayor Benson reminded the Council of the Ground Braking Ceremony at 4:30 P.M. on Wednesday, August 24, 1984. This is for the SEnior Center. Mayor Benson had received a letter from Mounds View in reference to the upgrading of County Road J and asked for a representative from the City of Lino Lakes to be present. The general consensus of the Council was that Mr. Volk should attend this meeting. Mr. Reinert moved to adjourn. Seconded by Mr. Kulaszewicz. Motion carried unanimously. 9:40 P.M. These minutes were considered and approved at a regular Council meeting held on September 12, 1983. Edna L. Sarner, City Clerk /. `11r`� ; /, cen,,. ,r Benson, Mayor Special Meeting August 29, 1983 The Special Meeting of teh Lino Lakes City Council was called to order at 7:00 P.M. on August 29, 1983 by Mayor Benson with all Council members present. Mr. Schumacher, Mr. Kluegel and Mrs. Sarner were also present. CABLE TV FRANCHISE - PUBLIC HEARING The Public Hearing on the Cable TV Franchise was opened at 7:00 P.M. Mayor Benson asked Mrs. Elsenpeter to present this document. Mrs. Elsenpeter noted this is the last Public Hearing to be held on this franchise. Once the Franchise Ordinance is asopted, it must then be IMayor Benson asked if there wa anyone in the audience who wished to speak on this matter. Someone asked if teh West side of the area would be the first to receive Cable TV and Mrs. Elesenpeter felt this was true in that the most heavily populated areas will be serviced first. Special Meeting August 29, 1983 reviewed by the Minnesota Cable TV Board, then seh felt this City would be looking at construction in 1985. 93 Mr. Marier asked what the City's return was on this system and Mrs. Elsenpeter said the maximum allowed by the Federal Government is 5% of the gross income for a period of 15 years. This is based on the number of subscribers within the City of Lino Lakes. Mr. Reinert moved to close the Public Hearing. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mrs. Elsenpeter moved to waive the reading of Ordinance #08 -83 and adopt the Ordinance granting Goup W a non - exclusive franchise to install Cable TV within the City of Lino Lakes, to be effective for 15 year. Seconded by Mr. Kulaszewicz. Motion carried iwth Mr. Marier voting, No. Mrs. Elsenpeter moved to approve the publication of the summary of Ord. #08 -83. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Marier voting, No. Mrs. Elsenpeter noted there is a NCSCCC II being formed for the purpose of administrating the franchise. This should be adopted and, as soon as Ipossible, appoint a Director and an alternate. Mr. Marier asked how solvent is G roup W? Mrs. Elsenpeter said she has the document presented when the proposal was made and she was unaware of any changes. Mr. Kulaszewicz suggested the office advertise for a Director to this C ommission. Mrs. Elsenpeter said she would not serve as Director but would consider serving as an alternate. Mr. Kulaszewicz moved to advertise for a Director and an alternate. Seconded by Mr. Marier. Motion carried unanimously. Mr. Reinert had a question on the passibility of checking into this matter sence construction will not begin for two years - he flet a lot of things could change in two years. Mr. Marier agreed. Mr. Marier moved to re- evaluate this franchise in 18 months. Seconded by Mr. Reinert. Mayor Benson pointed outthis is an option in the Franchise and can be done at any time. Motion carried with Mayor Benson voting, No. IPULIC HEARING - REZONE - MOLIN Mayor Benson opened the Public Hearing at 7:29 P.M. and asked Mr. Kluegel to preent the request. 94 Special Meeting August 29, 1983 Mr. Kluegel stated that in order for the Molin operations to be in con- formance with the new Zoning Ordinance and to be able to expand the operations, the zoning should be GI not LI. He noted that the original request for the rezone was for the entire 55 acres. The Planning and Zoning had recommended that the rezoning be approved but limited to the South 35 acres, leaving the 20 acres North of 77th Street zoned as LI. Mr. Kluegel reported that Mr. Molin has been working with Rice Creek Watershed District for his overall water management plan ans has received approval ofthis phase of the operation. The Conditional permit is for the construction of an addition to the existing building and will be used for storage purposes. A resident from the area objected to the new zoning in that this would allow the company to keep expanding. Mr. Marier reminded them there is a 20 acre buffer zone between them and the operation. There was discussion from the residents on the noise level and the need for visual screening. It was pointed out these matters are spelled out in the zoning ordinance. Mayor Benson asked if, in the original special use permit, was there any mention of screening or noise abatement and Mr. Kluegel said, No. Mr. Clayton Wendt, had some objections to the visual screening and also objected to noise and suggested a sound barrier. Mr. Molin said originally they were requested to put trees along Lilac, which they did, then the fence was propsed and this was isntalled. He cannot recal lany metion of a sound barrier. Mr. Reinert suggested that the PCA be contacted for checking of the sound level in order to set a criteria for the need for a sound barrier. Mr. Reinert asked Mr. Molin how ling he had been operating at that location and Mr. Molin said 11 years. Mr. Reinert felt that most of these residents have moved in since Mr. Molin did. He felt it was necessary to get some criteria of what is needed here before any action is taken. Mr. Reinert noted that no matter what type of barrier is installed, there will not be complete silence, there will always be some type of sound heard. Mr. Reinert felt that when the MarDon Acres development was li planned, it was known there was a noise factor to be considered. He felt there has to be some give and take in this situation, and this area should be zoned correctly per the new zoning ordinance. Mr. Molin said that in all the years he has been in operation, he has only had one complaint on noise and this was due to cement be delivered at night. This had been discontinued. Mr. Reinert felt it would necessary to have the noise level monitored by PCA in order to be able to recomemnd any sort of sound barried. Mr. Reinert asked Mr. Schumacher to find out what this would cost and if it can done by PCA. Special Meeting August 29, 1983 95 Mr. E.R. Henriksen had a letter read that he requested be inlcuded in the minutes. The letter read as follows: II live on 4th Avenue across the street from the concrete plant. We have lived there a little over 30 years. However, for the last 10 or 12 years we have had to contend with a lot of noise anss some air pollution. IMr. Marier moved to close the hearing at 8:02 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. I realize heavy equipment is necessary to handle the concrete products. Unfortunately the trucks and forlifts are extremely nosiy, especially at 5:30 in the morning. A 6 foot fence (steel) was installed a couple years ago, but it does nothing for the noise problem. Se we would like to see a really effective sound barrier to give some pro- tection for those of use in the residential area. We feel several rows of evergreens would absorb much of the excessive noise. E.R. Henriksen Mr. Wendt said he had noticed a lot of hauling had been done with sakd left on the street - Mr. Molin explained this isby the order of the Rice Creek Watershed District in order to conform to theri water runoff plan. There was discussion on the 'effective visual screening' - Mr. Schumacher suggested the Planner be involved in this and provide a plan for this rather that guess as to what is involved at this point. Mr. Reinert moved to contact the PCA to determine what is necessary for that agency to come into the area tp monitor the noise levels in relation to this industry, and to insure conformance to the Zoning Ordinance. Seconded by Mr. Marier. Motion carried dunanimously. Mr. Marier moved to approve the rezoning request for the South 35 acres from LI to GI contingent upon the outcome of the PCA and a common denoninator abatement proposal. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Mariern moved to approve the Conditional Use Permit. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Marier moved to adjourn at 8:20 P.M. Seconded by Mr. Kulaszewicz. Aye. These minutes were considered and approved at a regualr meeting held on September 12, 1983. Edna L. SArner, City Clerk G. Benson,Mayor