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HomeMy WebLinkAbout03/25/1985 Council Minutes134 COUNCIL MEETING March 25, 1985 The regular meeting of the Lino Lakes City Council was called to order by Mayor Benson at 7:00 P.M. Council members present: Bohjanen, Reinert, Marier. Members absent: Kulaszewicz. City Attorney, Bill Hawkins; Building Official, Peter Kluegel; City Administrator, Randy Schumacher; and Clerk - Treasurer, Marilyn Anderson were also present. CONSIDERATION AND APPROVAL OF MINUTES - MARCH 11, 1985 Mr. Bohjanen moved to approve the minutes as presented. Mr. Reinert seconded the motion. Motion carried unamimously. CONSIDERATION AND APPROVAL OF DISBURSEMENTS - MARCH 25, 1985 Mr. Marier moved to approve the disbursements as presented. Mr. Bohjanen seconded the motion. Motion carried unanimously OPEN MIKE A. Recognition of Officer David Zerwas. Major Benson explained that Officer Zerwas has been acting as Officer in Charge since October 15, 1984 when the past Police Chief resigned. Chief Dean Campbell assumed his position March 25, 1985 and Mayor Benson presented a check to Officer Zerwas in the net amount of $1,287.00 for the added responsibilities and time performed by Officer Zerwas. Mayor Benson noted Officer Zerwas had been chosen Officer of the Year the last two years and added he fel Officer Zerwas was to be commended for his added service this past five months. Mr. Marier thanked Officer Zerwas for his fine work. B. Mary Sundell - Mrs. Sundell did not appear tonight. C. Petition - Sewer and Water, Ash Street - Mr. Tom Connoy presented a petition with the names of many residents of Baldwin Lake Drive indicating their opposition to installa- tion of sewer and water in the area described in a January 9, 1985 letter from this City. He read the heading of the petition. Mayor Benson accepted the petition and told Mr. Connoy that the people had expressed their opposition at the Public Hearing and the Council had not continued with the project. There could be some individual home owners who may be able to connect to the Shoreview sewer and water system if they so desire. CONSIDERATION OF REQUEST FROM NORTHERN STATES POWER TO EXTEND NATURAL GAS INTO THE CITY OF LINO LAKES Mayor Benson told the Council that Northern States Power had called and asked that this be tabled. Mr. Marier moved to table this item. Mr. Reinert seconded the motion. Motion declared passed. 1 1 1 1 135 COUNCIL MEETING. March 25, 1985 Page Two CONSIDERATION OF REQUEST BY ROYCE D. ZAUDTKE TO PURCHASE CITY OWNED PROPERTY Mr. Schumacher explained there are four lots in Nordin Manor on Orange Street now owned by the City and Mr. Zaudtke has expressed inter- est in buying them to build four new homes. These lots were ob- tained by the City through tax forfeiture many years ago and this Council will need to make a decision as to whether or not they are to be sold, what process they could use in selling the lots, or if the City wants to hold them in reserve for some future 'use. Mr. Reinert said that since these lots are only one - fourth of an acre the City should assess the situation in terms of how well the wells and spetic systems are functioning and see if there are any problems in this area. Mr. Kluegel noted that the area is pretty well built up and most of the homes are less than five years old. Mr. Reinert felt if everything is in order the lots should be sold and put back on the tax rolls. Mr. Hawkins told the Council that the deeds should be checked to see if these lots have been forfeited for any particular purpose of if there are any other limitations. Mr. Reinert moved to have the Building Inspector check to see if there are any past problems from records and bring a recommenda- tion back to the Council with a minimum bid recommended. Mr. Boh- janen seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT - PETE KLUEGEL A. Sign Ordinance Amendments - Mr. Kluegel explained that'to comply with the National Advertising Act of 1971 he is re- questing that the Council set a Public Hearing -to amend the present Sign Ordinance dealing specificially with eliminating advertising signs in the Rural District and changing the word- ing in Section IV, V to add at end of paragraph "at a single address per year." The later section deals witn change- able, portable signs. The Planning and Zoning Board has re- viewed this and has recommended approval. Mr. Kluegel explained that he is having difficulty enforcing Section IV, V of the Ordinance. The intent was that the portable sign could be posted for one thirty day period per year. Some sign owners are posting the sign five days one event, four days another event, eventually adding up to 30 days.. This is in violation of the intent and the new lan- guage would enforce this intent. Mr. Bohjanen felt that the sign owners had purchased expen- sive signs and restricting them to 30 days was quite limited. 136 CITY COUNCIL March 25, 1985 Page Three Mr. Reinert suggested that possibly the permit for a port- able changeable sign could be issued for 30 days and if the owner wanted a longer period he could apply for a Con- ditional Use Permit, that is an additional 10 days would cost $X and an additional 20 days would be $XX. Mayor Benson suggested that the Planning and Zoning Board should review this again and give the Council the reasoning for their thoughts. Mayor Benson asked Mr. Kluegel how he felt about these types of signs. Mr. Kluegel said he felt these signs were an eye sore and many other committees are having difficulties with them but owners should be able to use them. Mr. Marier moved to return this item to the Planning and Zoning Board with the concerns of the Council and to bring this back to the Council following the next Planning and Zoning Board Meeting. Mr. Reinert seconded the motion. Motion carried unanimously. B. Joe Spetzman - Site and Building Plan Review - Mr. Kluegel explained that the reason Mr. Spetzman requested his land be rezoned to Light Industrial is for the purpose of con- structing a 3,600 square foot cold storage building to be used in conjunction with his son's transmission business to the south. The proposal meets all required set backs. The Planning and Zoning recommended that this request be approved contingent upon Mr. Spetzman's erecting a six (6) foot high fence along the west 165 foot boundry of Mr. Spetzman's property; this could be left permanently or at such time the 2,500 seedlings reach sufficient height and size as to constitute a 50%o buffer, the fence could be removed. The Board also stipulated that there be no exterior storage of anything, no exterior lighting, no signing and no parking outside of the building. There was discussion of positioning this building so as not to obstruct future extension of Outlot A (Wollan's Estates) for a future road. The Council would have to grant a var- iance to rear setback to accommodate this plan. Mr. Marier moved to approve the site and building plans for Mr. Spetzman contingent on the following Planning and Zoning Board's stipulations: 1) construction of a six foot high fence along the 165' west boundry, which could be removed when the trees provide a 50% screening; 2) no exterior stor- age; 3) no exterior lighting; 4) no parking of either ma- terials or vehicles outside of the building; 5) no signage; 6) no access to Lake Drive from the existing residential 1 1 1 1 1 1 COUNCIL MEETING March 25, 1985 Page Four property presently owned by Mr. Spetzman. Mr. Reinert seconded the motion. Motion cararied unanimously. C. Frank Sampair - Set hearing date for Conditional Use Permit, Commercial Breeding and Boarding Stable, House Move -In Mr. Kluegel asked the Council to set a public hearing for the Conditional Use Permit for horse boarding and breeding facility on sixty -six (66) acres on 24th Avenue in the Rural Zone. The house is to be moved in and is subject to a land- scape plan. Mrs. Sampair has obtained the required Rice Creek Watershed District Permits, PCA Permits and the Planning and Zoning Board has recommended approval. Mr. Bohjanen moved to set the public' hearing for April 22, 1985 at 7:30 P.M. Mr. Marier seconded the motion. Motion carried unanimously. Mr. Marier asked if this facility would add to the dust problems in this area and also asked how much traffic will this generate. Mrs. Sampair said about ten (10) cars a day. Mayor Benson asked that the City check with the people on that road to see what problems there has been with dust. D. Platting Ordinance Amendments - Mr. Kluegel explained that the City Planner has proposed a revision in the City Platting Ordinance. The City Attorney has reviewed these changes. The changes will comply with state requirements and are in regard to lots 20 acres or larger being allowed in a metes and bounds type of subdivision. Lots smaller than 20 acres will be platted in lots and blocks. This proposal includes a proposal that all subdivisions of four lots or less and no roadways are planned be considered minor subdivisions and be approved administratively by the City Planner, copy sent to the Planning Commission and City Attorney. This would lessen some of the work load of the Planning and Zoning Board. Mr. Hawkins had some questions about the language in the proposed amendment. Mayor Benson suggested inviting the City Planner to the next Council Meeting to address this issue. Mr. Marier moved to take this item and have the City Planner attend the next Council Meeting to explain his thinking on this item. Mr. Bohjanen seconded the notion. Motion carried unanimously. 137 138 COUNCIL MEETING March 25, 1985 Page Five PARK BOARD REPORT - PETE KLUEGEL Mr. Kluegel explained that the Park Board recommendation was to set a park dedication of $160 per unit with future review of a model ordinance from Coon Rapids with the intention of revising our present ordinance. Mr. Kluegel further explained the per unit was per dwelling unit. If one home site contained 20 acres the fee would be $160, if the 20 acre site contained a duplex the fee would be two times $160. Mr. Hawkins had no problem with this on an interum basis as long as the Park Board is still working on this item. Mayor Benson asked how the Board arrived at $160 per unit. It was suggested that Mr. Johnson could address this when he attends the next Council Meeting. Mr. Kluegel noted that Mrs. Sundell was to appear under Open Mike but cancelled until the April 8, 1985 meeting. Mr. Bob Rypekma of Schwan Sales was in the audience tonight and told the audience he is aware of the noise complaints from Mrs. Sundell. He has con- tacted his delivery service and finds he does not have any control over the times deliveries are made to his location. Mr. Kluegel noted he is in the process of obtaining the noise monitoring ser- vices of PCA to monitor both Schwan Sales and the Texaco Service Station. Mr. Rypekma said he would work with Mr..Kluegel on this matter. Mr. Harold Bisel of 6381 - 20th Avenue was in the audience tonight to respond to Mr. Kluegel's warning that he is violating his Con- ditional Use Permit by displaying items for sale, outdoor storage and illegally posting advertising signs. Mr. Bisel addressed the Council and said he felt he is not violating his Conditional Use Permit, but is pursuing his hobby on repairing small engines. He said he does earn a profit from his hobby, and the materials placed outside is not storage but 'display'. He agrees the signs are in violation and will move them. He also told the Council he is al- most afraid to live in his own home for fear that someone will ask what he is doing in his own home. He listed a number of other businesses in his neighborhood and said he does not object to this but hoped they had the same restrictions as placed on him. He felt the Council was stymying residents creativity and imagination. All he wants to do is operate his little shop and keep it within the confines of his area. Mayor Benson said he had received complaints about his operation and it is the Council's responsibility to determine if Mr. Bisel is complying with his permit. 1 1 1 1 1 COUNCIL MEETING March 25, 1985 Page Six Mr. Kluegel said that Mr. Bisel's Conditional Use Permit will be reviewed with all other Conditional Use Permits sometime in April. Mr. Kluegel told the Council that Roland Ford has been given an extension to clean up his property on Hodgson Road until April 17, 1985. If the property is not cleaned up to meet City Code, Mr. Ford will go to jail. CONSIDERATION OF THE PROPOSED USE FOR 1984 -1986 COMMUNITY DEVELOP- MENT BLOCK GRANT - RESOLUTION 85 -04 Mr. Schumacher told the Council that they should designate the use of the $60,000 Community Development Block Grant tonight. Mr. Marier moved to grant Alexandra House $5,000.00 from the Comm- unity Block Grant, along with that,allocate the remaining funds to the sewer project for the elderly and the people that are in the low income bracket and any funds that are surplus be directed to the Business Development Committee. Mr. Reinert seconded the mo- tion. Mr. Reinert-asked if Mr. Schumacher knew how much would be directed to help pay assessments for the senior citizens and low income per- sons. Mr. Schumacher said this could not be determined until bids for construction are received. He expected a majority of the funds would go to this project. Mayor Benson called for the questions. Motion passed unanimously. RESOLUTION NO. 85 -04 A RESOLUTION DESIGNATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE CITY OF LINO LAKES FOR FUNDING YEARS 1985 -1986 Whereas, the cities of Spring Lake Park, Circle Pines, Centerville and Lexington have formally approved a schedule of funding which would allow Lino Lakes to receive its total allocation within a two -year period (1985- 1986). NOW THEREFORE, BE IT RESOLVED THAT: 1. The Lino Lakes City Council hereby endorses the concept of pooling CDBG entitlements thus allowing maximum use of these funds. 140 COUNCIL MEETING March 25, 1985 Page Seven 2. The Lino Lakes City Council allocates $5,000.00 of its 1985 CDBG funding to the Alexandra House Inc. and the balance of its 1985 appropriation for the completion of its proposed West Central Service area utility exten- sion for utility assessment assistance to benefit a pro- posed moderate income housing development and benefiting eligible residents in the area. Passed by the Lino Lakes City Council this March, 1985. Attest: day of Marilyn G. Anderson, Clerk - Treasurer ENGINEERS REPORT There was no engineers report. ATTORNEYS REPORT There was no attorneys report. NEW BUSINESS A. Letter of support from the Anoka County Transportation Coordination program - Mr. Schumacher explairedthe letter was received by Mayor Benson and deals with establishing transportation programs for the handicapped and elderly. Mr. Marier moved to send a letter of support to Anoka County. Mr. Bohjanen seconded the motion. Motion carried unanimously. 1 1 1 COUNCIL MEETING March 25, 1985 Page Eight 141 B. Centerville Correspondence Concerning Police Chief Selection - Mr. Schumacher had received a letter from Centerville re- questing input from Centerville in future decisions of major impact in regard to the Police Department. Mr. Schumacher said the Police contract has language stating that the City of Lino Lakes has total responsibility for operation and function of the department which includes hiring and firing. Mr. Schumacher said he would forward a copy of the present contract with Centerville to their City Clerk pointing out this section. He will also inform her that the new Police Chief is available to attend any Council Meeting they so request, perhaps on a quarterly basis. C. Proposed Senior Center Open House - April 28, 1985 The Senior Council has proposed holding an open house on April 28, 1985. The Council suggested holding a joint open house for the new Council Chambers and the Senior Center. This would mean that the date would have to be delayed until sometime in May. Major Benson suggested other items such as posters and possibly meeting the new Chief of Police could be included in the open house. D. Board of Equalization - The Council will meet on April 15, 1985 at 7:00 P.M. to convene the Board of Equilization. The Clerk will send out notices to council members and publish the required notices. OLD BUSINESS Mr. Reinert told the Council he is a member of the Anoka County Solid Waste Management Advisory Committee and has been attending these meetings. This is going to be quite involved and will address determining waste sites, mass burn, recycling etc. He will be asking someone from Anoka County to come before the Council and ex- plain some of the state legislature mandates._ Mr. Reinert asked that the Public Works Director look at the routing of garbage trucks in this community so that this City can get a handle on what is happening here at this time for future planning. Mr. Schumacher explained that the engine in the police car that was ordered in December has not been approved by the Pollution Control Agency. Chief Campbell has asked to go ahead and order the larger LTD squad so that the department can stay consistent with their vehicle rotation plan. Mr. Marier moved to approve the purchase of the larger LTD squad car. Mr. Bohjanen seconded the motion. Motion declared passed. 142 COUNCIL MEETING March 25, 1985 Page Nine Mr. Schumacher noted that the Fire Commission had worked on establishing the new Fire District for over four years. He recom- mended that an appreciation dinner be set for the members of this Committee and their spouses in recognition of their many hours of volunteer work to establish the Fire District. Mr. Marier moved to set the appreciation dinner for members of the commission and their spouses and council members and their spouses. Mr. Reinert seconded the motion. Motion carried unan- imously. Mayor Benson has received a proclamation from the Governor's office proclaiming May as Minnesota Beautiful Month. He requested this be made in resolution in form and added to the next agenda. Mr. Reinert moved to adjourn at 9:00 P.M. Mr. Bohjanen seconded the motion. Aye. These minutes were considered, corrected and approved at a regular meeting on April 8, 1985. hlaJutr, Marilyn G. Anderson, City Clerk