HomeMy WebLinkAbout06/25/1984 Council Minutes1
June 11, 1984
with this program. Mr. Marier moved to approve. Seconded by Mr.
Kulaszewicz. Motion carried unanimously.
245
Mayor Benson noted that he and Mr. Marier had met and had gone through
the job description for the new position and had changed the title to
Accounting Clerk and had reduced the advertising to only one time in
the metro papers.
Mr. Schumacher noted that Mr. Sikorski's personnel will be at the City
Hall on the first Thursday of the month to answer questions that the
citizens may have.
Mayor Benson reported that he and Mr. Schumacher had been at the uphol-
stery shop at the prison on this date to look at new chairs for the
Council chambers.
Mayor Benscrialsorequested an update on the budget and how the depart-
ment expenditures are in relationship to the budget.
Mr. Kulaszewicz moved to adjourn. Seconded by Mr. Marier. Aye.
11:00 P.M.
These minutes were considered, corrected and approved at a regular
Council meeting held on June 25, 1984.
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JCL f2I'h rye
Edna L. Sarner, City Clerk
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The regular meeting of the Lino Lakes City Council was called to order
at 7:00 P.M., June 25, 1984 by Mayor Benson with all members present.
Also present were Mr. Hawkins, Mr. Davidson, Mr. Schumacher, Chief
Myhre, Mr. Kluegel and Mrs. Sarner.
MINUTES - JUNE 11, 1984
Mr. Bohjanen moved to approve the minutes as presented. Seconded by
Mr. Kulaszewicz. Motion carried unanimously.
DISBURSEMENTS - JUNE 25, 1984
Mr. Marier questioned the check for the concrete slab in front of the
building. Mr. Schumacher explained this had been reduced from the
original bid to $1,000.00 due to the dissatisfaction of Mr. Meirs. He
will re- sandblast the surface and reseal. Mr. Marier had a question
on the check for the advertising of the accounting clerk's position.
The Clerk explained that she had been unable to cancel the first
publication.
Mr. Marier moved to approve the disbursements holding check #15933
to Mr. Hank Meirs. Seconded by Mr. Kulaszewicz. Motion carried unani-
mously.
246
June 25, 1984
OPEN MIKE
Mrs. Diane Maus who lives in MarDon Acres appeared to question the
Council on the possibility of fencing a drainage ditch that runs in
the back of her home. She was concerned with small children falling
into that ditch.
Mayor Benson pointed out this is not the policy of the City to fence
the drainage areas or the holding ponds in the developments. However,
he suggested perhaps Mr. Volk could take a look at this and maybe pump
some of the water.
Mrs. Maus also asked if the City of Lino Lakes has warning sirens and
was told, not at this time. However, Mr. Cape, the Civil Defence Di-
rector, is preparing a study on this subject.
ENGINEER'S REPORT
Mr. Davidson presented a feasibility report on the consideration of
water and sewer for the residents along Ash Street in conjunction with
a system being installed by Shoreview.
Mr. Davidson reported that the cost figures had been taken from the
Shoreview feasibility report. Mr. Davidson said, due to the isola-
tion of this area, he had considered this corner of the City as a
sewer and water district of its own. His report was based on the
consideration of this area.
Mayor Benson asked about the residents along that area that were in-
terested in this projection and Mr. Schumacher said, yes and those
persons had been notified of this meeting.
There was discussion on the undeveloped area with Mr. Davidson noting
that further studies would need to be done if this area is included.
Mayor Benson asked about just considering the persons along Ash Street
and Mr. Davidson felt the cost would be higher.
Mr. Schumacher noted that the Public Hearing on this project has
been set by the City of Shoreview and will be held within the next
couple of weeks.
Mayor Benson felt this Council must see if there is an interest in
this by the residents and then set a public hearing on the issue.
Mr. Marier moved to find out what is cheapest. Seconded by Mr.
Kulaszewicz. Motion carried unanimously.
PUBLIC HEARING - REZONING - BASTIEN
Mayor Benson opened this Public Hearing at 7:37 P.M. and asked Mr.
Kluegel to present this item.
Mr. Kluegel noted this is approximatelya 40 -acre parcel to be rezoned
from a R3 to GB. The current zoning restricts the expansion of
the Bastien Products. Mr. Kluegel noted that all other property
owners in this area had signed a petition requesting this rezoning.
The area to be considered was pointed out on the map.
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June 25, 1984
247
Mr. Kluegel reported that Planning and Zoning had recommended approval
of this rezone for the following reasons; 1) all property owners in the
area had requested this rezong; 2) there is more land designated for
multi- family than is needed; 3) there is a business represented.
Mr. Kluegel read a portion of Mr. Short's letter on this request. Mr.
Short's recommendation was that a definite area be designated for this
rezong in order to deter the strip zoning that was there previously.
Mr. Kluegel pointed out the parking problem along Aqua Lane. One of
the owners of Bastien Products spoke about the problem noting that
the firm is purchasing the home to the south and part of the land will
be used for parking.
Mr. Kulaszewicz moved to close the Public Hearing at 7:47 P.M. Seconded
by Mr. Marier. Motion carried unanimously.
Mr. Bohjanen moved to approve this rezone request to include the recom-
mendations of the Planning and Zoning Board and to file the letter of
Mr. Short's. Seconded by Mr. Reinert. Motion carried with Mr. Marier
voting no.
REILING ROAD
Mr. Davidson presented a request from the contractor for a one month
extension for the completion of Reiling Road due to the bad weather.
Mr. Marier moved to approve this request. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
A recess was called at this point in the meeting. The meeting recon-
vened at 8:00 p.m.
PUBLIC HEARING - HALSTEAD - KENNEL LICENSE
Mayor Benson opened this Public Hearing at 8:00 P.M. Mr. Kluegel
presented the request noting that this is a one -acre parcel of land
located in the ER area. Mr. Halstead plans to keep 4 dogs with 4
runs with a building of 10X12. The Planning and Zoning Board had
recommended approval of this with the stipulation that only 4 dogs be
kept at that location with 4 fenced runs. The proposed building must
be kept at the 10X12 size. There was also a question on the disposal
of the waste and Mr. Halstead said that would be disposed of through
his trash removal service. This facility will be located on the rear
of the property. The matter of noise was also discussed and the
manner of controlling this. Mr. Halstead said the dogs are in his
home at night.
Mrs. Ellefson spoke on behalf of Mr. Halstead that there is no problem
with his dogs at the current time. Mr. Nelson, neighbor agreed.
Mr. Marier asked, why 4 not just 2. Mr. Halstead said he trains the
animals for field trials and he has several in training at the same
time, in case one doesn't workout. Mr. Marier asked if he plans
to breed and raise dogs and Mr. Halstead said there may be an occa-
sional litter, but he does not plan to breed dogs for sale.
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June 25, 1984
Mr. Kulaszewicz moved to close the hearing at 8:08 P.M. Seconded
by Mr. Bohjanen. Motion carried unanimously.
Mr. Reinert moved to approve this Conditional Use Permit with the
stipulations as set forth by the Planning and Zoning Board. Seconded
by Mr. Marier. Motion carried unanimously.
SHERWOOD GREEN WATER PROBLEM
Mr. Davidson presented a map showing a solution to the problem by the
installation of several culverts under 4th Avenue and to the west to
a county ditch.
The estimated cost of the storm sewer project would be $167,300.00.
Mr. Davidson suggested this be made a State Aid Project. Part of the
cost would come from the State Aid, part from the developer with the
balance to be borne by the City and the affected area property owners.
Mr. Davidson also suggested that perhaps it might be feasible to go
back to the State and ask for additional funds for this project esta-
blish a storm sewer district and assess the area that would be
drained.
The source of the water, the area affected, some alternatives to easing
this problem, and perhaps involving the County with this was discussed.
Many of the residents of Sherwood Green were present to present their
problems and ask for some short -term assistance to alleviate this
water problem to their homes.
Mr. Davidson suggested that since this is a potential State Aid
project, there are a couple ways to handle it 1) prepare plans and
specifications in order to go through the State Aid process and get
their actual participation. This can be done without a hearing proc-
ess but can be done by Resolution. The second alternative is to
identify the assessment area and this would be approximately $11,000.00
per acre. This would need to go through the hearing process.
There was much discussion as to the water table, the flow of the water,
the affect of the new culvert installed under Main Street by the County,
the flooding of the homes in the Air park from this water, and the
matter of the cost to do this properly.
The original plan of seeking an outlet for this water through Mr.
LaBond's property was discussed. Mr. Davidson outlined the proposal
for that area.
Mayor Benson asked about the possibility of getting the County to clean
the ditches and Mr. Davidson said there is practically no possibility
of this happening. It could be pursued through resolutions to the
County Commissioners. It was pointed out that these ditches are
now under the jurisdiction of the Rice Creek Watershed District
and they have no funds for this purpose.
Mr. Marier moved to direct the Engineer to look at the ditches for
cleaning with Rice Creek Watershed District, Anoka County and ask Mr.
June 25, 1984
LaBlond if he will come and discuss the proposal for the use of his
property. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mr. Marier asked Mr. Davidson what his costs would be for this work
and Mr. Davidson felt that it would not exceed $500.00.
AMENDED CONDITIONAL USE PERMIT - JIM SPETZMAN
249
Mr. Kluegel pointed out that Mr. Spetzman has a basement and all utili-
ties where he moved his home from - now he wants to expand his business
utilizing this foundation for the construction of another building 32
X 74 wood frame building.
The Planning and Zoning Board was concerned about the 40 -foot buffer
required under the present zoning ordinance - can the amended Conditional
Use Permit be required to conform to the existing ordinance) or does
the ordinance in effect at the time the permit was issued prevail?
The Planning and Zoning had recommended that the driveway be a part of
the 40 foot buffer zone. Mr. Kluegel outlined the stipulation set forth
by the Planning and Zoning Board in their recommendation for approval.
Mr. Marier moved to approve the recommendations of the Planning and
Zoning Board to include all their stipulations. Seconded by Mr.
Kulaszewicz. Motion carried unanimously.
WCCO AMENDED CONDITIONAL USE PERMIT
Mr. Kluegel noted that this is a request to complete Phase II of the
construction approved at the time the Conditional Use Permit was
granted for the installation of the dishes on Holly Drive. This is
to be a concrete panel building 44 X 52 and will be used to house
equipment.
This building will be of a light brown color. Mr. Marier suggested
that perhaps the surface facing Holly Drive should be covered with
brick. Mr. Marier also questioned the road limit for the delivery
of these concrete panels. WCCO's representative said that whatever
is necessary, they will make arrangements for the delivery to conform.
Mr. Marier questioned the disposal of the building in the event this
location is abandoned by WCCO and was told that the area would
probably be sold.
Mr. Marier moved to approve the amended Conditional Use Permit with
the following stipulation that if there is any damage to Holly Drive
by the delivery of materials - to be repaired by WCCO, the surface
facing Holly Drive to be covered with Brick, proper screening to
be planted, and if this building is abandoned, it is not to be sold
to be used as a residence. Seconded by Mr. Kulaszewicz. Motion
carried with Mr. Reinert voting no.
Rezone Request - Larry Grubbs - Apitz Garage - Mr. Kluegel noted this
also includes a request for a variance to allow the transfer of a
parcel of land less than the required 5 acres in an ER area. The
second part of the request is for the rezoning of the land from NB
to GB. Mr. Grubbs plans to expand his business and plans to construct
a 14,000 square foot cement block building.
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June 25, 1984
Mr. Kluegel pointed out the intent of the Task Force was not to
prevent this business from expanding but the allowable uses in a
NB area had been changed to eliminate this type of business thus
making Mr. Grubbs a non - conforming operation and unable to expand.
Mr. Karth pointed out that the existing pole building will be used
for storage, at least part of the building - part of the building
will be removed.
The variance is concerned with the transfer of two small parcels
of land in order to add to the existing property to bring into
conformance with the existing ordinance.
Mr. Reinert moved to approve the variance for the transfer of the two
.parcels of land of less than the required 5 acres in order to bring
the existing lot into conformance with the required square footage
to include the Planning and Zoning Board's stipulations. Seconded
by Mr. Bohjanen. Motion carried unanimously.
There was a question as to the possibility of Mr. Grubbs purchasing
the property to the west and Mr. Karth said this is not very likely.
There was discussion on the rezoning of this parcel at the same time.
Mr. Hawkins pointed out that all or any part of the land can be
rezoned as long as it is all included in the notice.
Mr. Reinert moved to set a public hearing to consider the rezoning of
the Larry Grubbs property and the H. Noren property from NB & ER to
GB. Seconded by Mr. Bohjanen. Motion carried unanimously.
Variance - Dennis Christianson - (to storage building size) - Mr.
Kluegel reported that Mr. Christianson is asking for a variance to
the 1,000 foot limit on storage building on lands of less than 10
acres. Mr. Christianson has a 7 -acre parcel. Mr. Kulaszewicz asked
why a larger building is necessary and Mr. Christianson said he
wanted to store his several 4 -wheel drive trucks, he plans to pur-
chase a motor home, had a boat that had some vandalism from bring
left outside. He felt he needed a large building to store this
type of possessions.
Mr. Kluegel pointed out the Planning and Zoning had recommended denial
of this variance since there is no hardship of the land.
Mr. Hawkins said that if the Council felt this district should have
larger storage buildings, then the ordinance should be amended, not
granting a variance to everyone who requests one.
Mr. Marier moved to deny the variance since there is no hardship to
the land and suggested that perhaps Mr. Christianson should return
to P & Z and work out something with them. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
WEBER FINAL PLAT - Mr. Kluegel reported that he and Mr. Schumacher had
reviewed this plat and there are several requirements before this plat
can be signed by the City; 1) Mr. Weber must pay $365.00 for Park
Dedication; 2) a Developer's Contract must be drawn up and signed; 3)
Mr. Hawkins must review the abstract to insure this document is up to
date and 4) Mr. Weber has one year from the construction date completion
June 25, 1984
to connect the existing home to the sewer. Mr. Davidson had reviewed
this plat and there had been one change that had been done by the
Surveyor today.
I Mr. Marier moved to approve the final plat with the stipulations as
set forth have been complete before the plat is presented for signa-
tures. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
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A five minute recess was called. The meeting reconvened.
GAS FRANCHISE PROPOSAL
Mr. Craig Rapp, of Circle Pines presented the feasibility report for
serving the Rice Lake Estates with natural gas. Each Councilmember
has a copy of the proposal noting there are two alternatives 1) to
serve the area from the lines in Heritage Homes or 2) to serve the
area from the line located in the Lexington Park Lakeview area. The
second method appears to be the least costly and this is the method
being considered by Circle Pines.
Mr. Volk asked if this is metal pipe and Mr. Rapp said yes. Mr.
Volk asked if Circle Pines had considered the use of plastic pipe
and Mr. Rapp said this has been discussed, but no decision has been
made at this time.
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Mayor Benson asked about the impact this would have on the Lino Lakes
system and Mr. Rapp said some preliminary figures have been put to-
gether and without 50 homes, the system would have an income of $17,000.00
and with the 50 homes the income would be $32,700.00
Mr. Marier suggested, since a financial report is to be presented, any
decision on this matter be continued until this report is presented.
Mayor Benson asked if the future of thissystem within Lino Lakes will
be discussed in this report and Mr. Rapp said, yes.
Mr. Tom Gallaher, of North Central Public Service, noted that his
company has a three inch line abutting this property and the connec-
tion rules at the present time is 65 feet of main feet and 100 feet
of service free.
Mayor Benson asked if there could be a presentation ready for July
and Mr. Gallaher said yes. This would set forth the cost.
Mr. Bohjanen moved to table any decision on this matter until July
23, 1984. Seconded by Mr. Marier. Motion carried unanimously.
Mr. Kulaszewicz moved to continue this meeting until 10:45 P.M.
Seconded by Mr. Bohjanen. Motion carried unanimously.
ATTORNEY'S REPORT
Mr. Hawkins reported that several of the off -sale and on -sale 3.2%
license needs to have either insurance or an affidavit that the sales
not exceed a certain limit, and on the 49 Club, the insurance does not
meet the statutory limits. These licenses may be approved contingent
upon the receipt of the necessary documents.
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June 25, 1984
Mr. Bohjanen moved to approve the license renewals contingent upon
Mr. Hawkin's recommendations. Seconded by Mr. Marier. Motion
carried unanimously.
POLICE REPORT
Chief Myhre presented the revised version of the firearms ordinance.
He also presented some background information on the formulation
of the existing ordinances. This revision was necessitated by the
request to include non - firearms in this ordinance. This was added
to the ordinance and the language was cleaned up but no other
change was made.
Mr. Marier questioned paragraph 3 under Section 504.02 - why are the
words "or waters" in this statement. Mr. Marier - these words should
be eliminated from this paragraph and from paragraph 4, and under
504.03, paragraph 3, eliminate the need to get a permit from the Police
Chief to slaughter domestic animals. Also under Section 504.02, Para-
graph 4 delete "so shooting . . . non - firearms ".
NUISANCE ORDINANCE
Chief Myhre reported that this had been omited from the City Code in
the process of codification. There merely replaces that ordinance.
Mr. Kulaszewicz moved to introduce Chapters 500 and 900 of the City
Code and to put on the next agenda for the second reading. Seconded
by Mr. Marier. Motion carried unanimously.
Chief Myhre reported on the problems experienced by the City in con-
junction with the concerts being held at Trout Air. Chief Myhre
said he had talked with the Sheriff's office in Anoka, and officials
in Columbus Township trying to come up with a method to get these
persons onto the freeway and out of the area.
Mr. Marier reported there have been some meetings and the security
must be increased and if there is another complaint, there will be
no more concerts allowed.
The Council requested that a letter be put together and sent to the
officials of Columbus Township and also to Trout Air.
Mr. Marier moved to table Items #11 and #12. Seconded by Mr. Bohjanen.
Motion carried unanimously.
OLD BUSINESS
Joint Council and Planning and Zoning Board meeting - the Council was
reminded of this meeting scheduled for June 26, 1984 at 7:00 P.M. at
the City Hall.
Mr. Schumacher updated the Council on the status of hiring a new police
officer. The applicants have been narrowed down to three persons and
they have been scheduled for a psychological exam next week.
Mr. Schumacher also reported that the Chairman of the Police Task Force
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June 25, 1984
253
has also talked with the applicants that had been interviewed by
Chief Myhre and Mr. Schumacher. Mr. Reinert questioned this and asked
if that was a part of their role? Mr. Marier said he wanted to see
how this process was handled by the City.
Council Chamber Furniture - Mr. Schumacher reported that he and the
Mayor had visited the furniture shop at the Correctional Facilities
for Council chairs. He passed around a brochure for the Council's
inspection. Mr. Schumacher noted that most chairs on the market are
approximately $500/$600. The ones at the Correctional Facility are
$250 for the high back and $225 for the low back.
It was suggested pieces of fabric be brought over to choose the color.
Mr. Schumacher said it takes quite a while to get the chairs after the
order.
Joint meeting the Centenial School Board - Mayor Benson asked that
a letter be sent with this request. Perhaps this should also include
Circle Pines, Lexington and Centerville. Mayor Benson suggested this
letter be sent and let the School Board set the date.
Mayor Benson suggested that a meeting for some consideration of a
street be set up with Mr. Volk. This meeting will be some time next
week. Mr. Marier suggested Mayor Benson set the meeting and let him
know.
NEW BUSINESS
Mayor Benson noted the request to block off a cul -de -sac for a private
party.
Mr. Hawkins reported this had been discussed with Mr. Schumacher and
he felt that perhaps the City should have some type of form for these
requests setting forth the stipulation.
Mayor Benson felt the Council needed more information on this before
permission is given. No action was taken on this request.
Arnie Kelling's Letter - Mayor Benson felt this had been discussed
previously in this meeting.
Mr. Kulaszewicz moved to adjourn. Seconded by Mr. Marier. Aye. 10:50 P.M.
These minutes were considered, corrected and approved at a regular
Council meeting held on July 9, 1984.
4
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Edna L. Sarner, City Clerk
Benjami G B
on, Mayor