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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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July 23, 1984
Mr. Reinert disagreed with this in that provisions have been made for
this area - it is now zoned NB.
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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.