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HomeMy WebLinkAbout07/23/1984 Council Minutes2EE July 23, 1984 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M., July 23, 1984 with all members present with the exception of Mr. Kulaszewicz. Mr. Hawkins, Mr. Schumacher, Mr. Kluegel and Mrs. Sarner were also present. MINUTES -JULY 9, 1984 Mr. Marier moved to approve the minutes as written. Seconded by Mr. Bohjanen. Motion carried unanimously. DISBURSEMENTS - JULY 23, 1984 Mr. Marier had a question on the disbursement to Lino Cabinet for $250.00 - Mr. Schumacher explained this was for the plans and speci- fications for the kitchen in the Senior Center. Mr. Marier asked how many hours? He felt this cost was excessive. Mr. Reinert moved to approve the disbursements, holding the check for Lino Cabinet for more details on the cost. Seconded by Mr. Marier. Motion carried unanimously. OPEN MIKE Mr. Mel Smith of 2239 Foxtail Court appeared before the Council to discuss Ash Street (North County Line portion). He noted that he had received a copy of the minutes of the last meeting and would ask for an update on what is happening. He expressed the concern of the residents to have work done on this street before the winter. There was discussion as to the jurisdiction of this street. Mr. Smith felt that the responsibility of this street should not fall on the residents of the area. Mr. Smith noted that his only reason for appearance is to insure that this issue gets solved. Mayor Benson pointed out that this Council has contacted Mrs. Langfeld, County Commissioner and have consulted with Ramsey County Engineer, Anoka County Engineer and Engineer for White Bear Township. Mr. Smith asked for a contact person for him to contact in order for him to be abreast of any action being taken. He also requested copies of any correspondence and was told this could be obtained at the City Offices. Mayor Benson suggested he also present his requests to Ramsey County and White Bear Township and Mr. Smith said he would. Mr. Smith reported that the discussion on Mr. Bruggeman's request to alter the street standards - this matter has not been discussed with the home owners. Mr. Smith thanked the Council for their time and information and noted he will be contacting the other parties involved with this street. Mrs. Ruth Canfield appeared before the Council asking permission to use the cul -de -sac on Pheasant Run for a wedding reception. This is to be on July 28, 1984. There will be a band from 1:00 P.M. to 5:00 P.M. and she felt that people could dance in the street rather than July 23, 1984 on the lawn. Mrs. Canfield said she had received permission of all the residents of the street. 267 II Mr. Marier asked what would be the alternative, if this should be denied. Mrs. Canfield said she would have the reception in the yard. Mr. Marier asked why use the street, if there was space in the yard and Mrs. Canfield said this was an option, in case the party spilled over into the street. 1 1 Mr. Schumacher noted that this has been researched and a form has been put together which holds the City harmless. This relieves the City of any liability. Mr. Reinert moved to approve this request to hold a wedding reception for Mrs. Canfield on Pheasant Run on July 28, 1984 with the band to play from 1:00 P.M. to 5:00 P.M. and dancing activities to cease at 5:00 P.M. with Mrs. Canfield to sign the hold harmless agreement. Seconded by Mr. Marier. Motion carried unanimously. Dr. Neal Benjamin and Mr. Al Matthews, Fire Commissioners appeared before the Council to present the Commissioner's recommendation for a Chairman of the Commission. Mr. Benjamin presented Mr. Barry Matson for the Council's consideration. A brief update on the actions was given with Mr. Benjamin noting that the Commission had changed the name to "Centennial Fire District ". The Council had some reservations with this name and suggested "Tri- City ". The general feeling was that the name should be representative of the area. Mr. Marier moved to approve the recommendation of the Fire Commissioners to appoint Mr. Barry Matson as Chairman of the Commission. Mr. Marier added his objections to the name of "Centennial" and requested the Commission relook at the name. Seconded by Mr. Bohjanen. Mr. Reinert had a problem with this motion containing two parts - he asked if they could be considered separately. Mr. Marier objected to this and called for a vote. Motion failed on a two to two vote. Mr. Marier moved to approve Mr. Barry Matson as Chairman of the Commis- sion. Seconded by Mr. Bohjanen. Motion carried unanimously. Mr. Benjamin asked the Council for some directive as to how a name can be chosen that would be acceptable to all communities. Mayor Benson suggested this should be put before the residents of the communities. Mr. Marier moved to submit to the public the opportunity to suggest a name for this fire district. Seconded by Mr. Bohjanen. Motion carried unanimously. REPLACEMENT POLICE OFFICER Mayor Benson noted that the three individuals being considered for this position had been interviewed by members of the Council before this meeting. 268 July 23, 1.984 Mr. Bohjanen moved to approve Mr., Jonathan Essig fox this position. Seconded by Mr. Marier. Motion carried with Mr. Reinert abstaining. PLANNING AND ZONING BOARD ACTIONS - PETER KLUEGEL Larry Grubbs - Site and Building Plans - Conditional Use Permit - Mr. Kluegel presented the site and building plans noting the landscaping and the parking spaces to be surfaced. Mr. Kluegel presented the stipulations as imposed by the Planning and Zoning on their recom- mendation of approval. Mr. Marier moved to approve the site and building plans for Larry Grubbs with the stipulations of the Planning and Zoning Board with the completion date to be by November 11, 1984, unless there is a hardship with an early frost that will delay the blacktopping. Seconded by Mr. Reinert. Mr. Schumacher asked for a clarification of the area to be blacktopped. Mr. Kluegel pointed out the area that will be surfaced. Only the park- ing spaces will be blacktopped. Mr. Schumacher noted the ordinance states 'all off street parking area' shall be surfaced. There was much discussion as to the intent of this portion of the ordi- nance and the intent of the Planning and Zoning Board in this case with no clear decision. On voting on the motion, the motion carried unanimously. Mr. John Cardarelli - request for the construction of a wild life pond on his property located on West Rondeau Lake Road. He had also requested a mining permit but had withdrawn that request and will retain all the fill on his property. Mr. Kluegel pointed out that permits from the Corps of Engineers, RCWD and the Planning and Zoning Board had recommended approval of the Conditional Use Permit. The permit from RCWD states that the dirt is to be removed from the premises but since the soil will be retained, Mr. Cardarelli has re- quested the wording be changed and RCWD has agreed. Mr. Reinert moved to approve the Conditional Use Permit with the stipu- lation that the change in wording be approved by RCWD. Seconded by Mr. Bohjanen. Motion carried unanimously. Mr. Kluegel asked the Council to schedule a public hearing for the request of a Conditional Use Permit to operate a nursery by Gary and Arlene Averbeck. Mr. Marier moved to schedule a Public Hearing on this issue for August 13, 1984 at 7:45 P.M. Seconded by Mr. Bohjanen. Motion carried unanimously. Mr. Kluegel presented the Planning and Zoning Board's recommendations in reference to the amended ordinance dealing with transmission towers. The Board had put a cap of 200 feet on towers in any area of the City. Mr. Kluegel explained their reasoning behind this decision. There was a question on the need for proper lighting on these towers with the general consensus being this could be a stipulation on the permit. 269 July 23, 1984 Mr. Marier moved to approve the amendments to the Zoning Ordinance in reference to the transmission tower installations #06 -84 and waive the reading. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Kluegel presented the Planning and Zoning Board's request for a moratorium on kennel license applications for a period of 120 days. This would allow the Board time to consider the regulations as are now set forth in the ordinance for possibly some modifications. Mr. Marier moved to approve the request for a 120 -day moratorium on kennel license applications. Seconded by Mr. Reinert. Motion carried unanimously. On considering the last item on the Planning and Zoning report, Mayor Benson felt that since Mr. Schumacher had to leave for a meeting with Columbus Township, he would prefer this be tabled at this time. Mr. Marier moved to table Item F under Planning and Zoning. Seconded by Mr. Reinert. Motion carried unanimously. #04 -84 GRUBBS REZONING - SECOND READING Mr. Reinert moved to approve the Ordinance and waive the reading. Seconded by Mr. Bohjanen. On voting the motion failed, with Mr. Marier voting, no. Mr. Reinert moved to table until August 13, 1984. Seconded by Mr. Marier. Motion carried unanimously. ATTORNEY'S REPORT Mr. Hawkins had no report at this time. A ten - minute recess was called at this point in the meeting. The meeting reconvened at 8:40 P.M. ENGINEER'S REPORT Mrs. Sarner presented the Engineer's plans and specifications for the seal coating project that had been delivered to the office this after- noon. Mr. Davidson is unable to attend this meeting due to an illness in the family. Mr. Reinert moved to accept the plans and specifications and authorize the bid for the seal coating program for 1984. Seconded by Mr. Marier. Mr. Marier suggested this is part of the five -year plan and asked that the reports to be on the agenda should be listed. Motion carried unanimously. #02 -84 AMENDMENT TO FIREARMS ORDINANCE - SECOND READING Mayor Benson asked Mr. Marier if the working had been changed per his corrections and Mr. Marier said, yes. Mr. Marier moved to approve this ordinance and waive the reading. Se- conded by Mr. Bohjanen. Motion carried unanimously. 270 July 23, 1984 UTILITY RATE CHANGE - PUBLIC HEARING The Clerk reported that the City of Shoreview has adjusted their rates twice since this City became a part of that system. This ad- justment is necessary for this City to pay the Shoreview charges from the receipts received from the users of that system. Mr. Bohjanen moved to schedule a public hearing for the rate adjust- ment for August 27, 1984 at 7:30 P.M. Seconded by Mr. Marier. Motion carried unanimously. GAS SERVICE PROPOSALS - NORTH CENTRAL SERVICE AND CIRCLE PINES Mr. Gallaher presented the proposal for North Central Public Service noting that there are no changes from the last presentation. Since then he has reviewed the plat and said there will be no charges for either the residents or the developer for the installation of this service. Mr. Gallaher felt this area fell within the area designated for service by North Central. Mr. Bohjanen asked if North Central was prepared to extend from this area and Mr. Gallaher said anywhere within the City that was in their proposed area depending on a feasibility study. Mr. Gallaher noted that the first 65 feet of main is free and 100 feet of service line to the house is free. Over and above that amount would be charged at 3.31 per feet. Mayor Benson asked about the time involved with the installation to the homes - how soon is this accomplished? Mr. Gallaher said, if the mains are in the street, the service should be immediate with the exception of the winter months. Mayor Benson thanked Mr. Gallaher for his information. Circle Pines was requested to present their proposal. Mr. Craig Rapp presented the Circle Pines report noting this has been combined with the annual report. He felt the City has a choice between two different gas companies - one is large - one is amall. He felt the only area for comparison is the end results for the City of Lino Lakes. Mr. Rapp said that Circle Pines could do all the things that North Central is proposing but, they would want to do a feasibility report first so this City would know how this is to affect the income of the Lino Lakes portion of the system. Mr. Rapp said he would like some direction from the Council as to the direction they wanted to proceed. There was discussion on rates, service call charges, cost of installa- tion, meter deposits and other charges that differ between the two companies. Mr. Marier would like the companies to come back with costs listed from the beginning to the end. Mr. Hawkins reported to the Council on the matter of Anti -Trust laws that play a part in installations of this kind and the limits placed July 23, 1984 on the Councils in dealing with granting franchises. The case he re- ferred to dealt with Cable TV. Mr. Hawkins felt there could be legal problems if one of the companies is chosen over the other. 271 Mayor Benson asked if this judgment is based on looking at North Central or at the City's utility.' Mr. Hawkins pointed out the City cannot pick and choose between companies that serve the City. As long as the companies provide proper service in a timely fashion, the City cannot restrict the number of companies that provide that type of service within the City. Mayor Benson said the way he understood this was that both companies have the right to go in and serve this area and it could be that half of the people have service from one company and half from the other. Mr. Rapp felt that he would like some legal advice on this matter before a further presentation. Mayor Benson asked that Mr. Hawkins and Mr. Schumacher get together and discuss this matter in order for the companies to present some realistic cost figure to the Council for their consideration. This would include cost of mains, supply, private service to homes, meter charges, service call charges, etc. Mr. Marier moved to put this matter on the August 13, 1984 agenda. Se- conded by Mr. Reinert. Motion carried unanimously. CERTIFICATION OF EXEMPTION - MINNESOTA CORRECTIONAL FACILITY This is a request that deals with the transformers located at the faci- lity - does this City have any problems with these installations and if they do, the PCA will call a public hearing. The general consensus of the Council was there are no problems with the installation of the transformers at this time. McKNIGHT FOUNDATION GRANT An application had been approved by the McKnight Foundation in the amount of $7,800.00 to be used for the completion of the kitchen in the Senior Center. Mr. Marier moved to accept the grant and authorize the Mayor to sign the forms. Seconded by Mr. Reinert. Motion carried unanimously. FINANCING OF WINTER ROAD BREAK -UP REPAIR Mr. Schumacher had put together a recommendation for the financing of the cost for the repair of those roads. Mr. Marier moved to approve the recommendation as prepared by Mr. Schumacher. Seconded by Mr. Bohjanen. Motion carried unanimously. ($11,213.00 to be transferred from the Capital Fund Project, $7,000.00 from the Police budget.) OLD BUSINESS APPOINTMENT TO CENTENNIAL COMMUNITY EDUCATION COMMITTEE - Mr. Bohjanen 272 July 23, 1984 moved to appoint Mrs. Marilyn Elsenpeter to serve on this committee. Seconded by Mr. Reinert. Motion carried unanimously. Set date for Audit review - Mayor Benson asked this be tabled for the next agenda. Mr. Marier so moved. Seconded by Mr. Bohjanen. Moti on carried unanimously. Mr. Marier gave an update on the actions of the Police Task Force. At the present time the forms used by the Police Department are being studied for a possible reduction in paper usage. He will bring recom- mendations to the Council. They are also looking at specifics as required by the Police Chief. Mr. Marier will keep the Council in- formed on these matters. Mr. Reinert reported on the Vadnais Water Management Board and felt this City has so small an involvement in this district that he wondered if that small portion of Lino Lakes could not be turned over to the Rice Creek Watershed District. Mr. Reinert will continue to monitor the actions of that Commission and report back to the Council. NEW BUSINESS Mayor Benson reported that he had received a letter from MMWC to dis- cuss solid waste and also one from School District #831 on a meeting. Both letters were given to the Clerk to make copies and forward to the Council members. Mayor Benson reminded the Council of the meeting scheduled for Thurs- day, July 26, 1984 at 6:00 P.M. at the Lino Lakes City Hall with the Councils from Circle Pines, Centerville, Lexington and the District #12 School Board. Senator Dahl will chair the meeting. Mr. Larry Grubbs asked to address the Council on the denial of the Ordinance approving his rezoning - how does this affect his ability to begin his planned construction? Mr. Grubbs was told that he cannot proceed until the ordinance is approved. Mr. Reinert asked if he could ask for reconsideration of this matter and Mayor Benson suggested that this be held until the next meeting. Mayor Benson asked Mr. Grubbs if this would affect his plans and Mr. Grubbs said, yes. The Council requested that this con- struction be completed by November 1, and now he is.being( delayed on his starting date. Mr. Reinert felt that Mr. Grubbs' request did not include the lower portion of the area that was considered for rezoning. This was the action of the Council. Mr. Reinert asked if just the original re- quest could be considered in order for Mr. Grubbs to start his con- struction. Mr. Hawkins said, yes, but it could only be introduced at this meeting and could not be approved until the next meeting. Mr. Marier pointed out that he voted against this rezoning because he considered this strip zoning. 1 1 July 23, 1984 Mr. Reinert disagreed with this in that provisions have been made for this area - it is now zoned NB. 273 Mayor Benson asked Mr. Grubbs when he planned on starting his project and Mr. Grubbs said as soon as he has approval. Mr. Grubbs pointed out that this delay is not of his doing - this is by Council action. He did not feel that he should be penalized for this reason. Mr. Marier requested that in the future the Council only consider what is put before them and not add to a resident's request. Mr. Marier moved to reconsider the second reading Ordinance #04-84 - Grubbs rezoning request. Seconded by Mr. Reinert. Motion carried unanimously. Mr. Marier moved to approve Ordinance #04 -84 and waive the reading. Seconded by Mr. Reintert. Motion carried unanimously. Mr. Reinert moved to adjourn. Seconded by Mr. Bohjanen. Aye. 10:00 P.M. These minuste were considered, corrected and approved at a regular Council meeting held on August 13, 1984. Attest: Edna L. Sarner, City Clerk August 13, 1984 The regular meeting of the Lino Lakes City Council was called to order at 7:00 P.M., August 13, 1984 by Mayor Benson with all members present with the exception of Mr. Reinert. Mr. Hawkins, Mr. Davidson, Mr. Schumacher, Mr. Volk, Mr. Kluegel and Mrs. Sarner were also present. MINUTES - JULY 23, 1984 Mr. Marier moved to approve the minutes as presented. Seconded by Mr. Bohjanen. Motion carried with Mr. Kulaszewicz abstaining. DISBURSEMENTS - July 31, 1984 /August 13, 1984 Mr. Marier moved to approve the disbursements of July 31, 1984. Seconded by Mr. Kulaszewicz. Motion carried unanimously. On considering the disbursements of August 13, 1984, Mr. Marier re- quested that a complete report be made on the cost of the phone service, particularly what is paid to Chase - Manhattan. Mr. Marier moved to approve the disbursements as presented. Seconded by Mr. Bohjanen. Motion carried unanimously.