Loading...
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. a r JCL f2I'h rye Edna L. Sarner, City Clerk e 2E1 iq e 261 1q8cf 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. 1 1 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. 248 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. 250 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. 1 1 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. 251 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. 252 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 1 1 1 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 %-fir (. in Edna L. Sarner, City Clerk Benjami G B on, Mayor