HomeMy WebLinkAbout05/13/1985 Council Minutes178
COUNCIL MEETING
May 13, 1985
The regular meeting of the Lino Lakes City Council was called to
order by Mayor Benson at 7:05 P.M., May 13, 1985. Councilmembers
present: Bohjanen, Reinert, Marier. Members absent: Kulaszewicz.
City Attorney, Bill Hawkins; City Engineer, John Davidson; Build-
ing Official, Pete Kluegel; and Clerk - Treasurer, Marilyn Anderson
were also present. Mr. Volk, Public Works Director arrived later.
CONSIDERATION AND APPROVAL OF MINUTES
April 18, 1985 Work Session - Mr. Marier moved to approve these
minutes as presented. Mr. Bohjanen seconded the motion. Motion
carried unanimously.
April 22, 1985 Special Meeting - Mr. Reinert moved to approve these
minutes as presented. Mr. Marier seconded the motion. Motion carried
unanimously.
April 22, 1985 Regular Meeting - Mrs. Anderson asked that on
page four, first paragraph, third line from the bottom be amended
as requested by Donnell Realty to include "and a 60 -foot right -of-
way." Mr. Marier said that was the intention of his motion.
Mr. Bohjanen moved to approve the minutes as corrected. Mr.
Marier seconded the motion. Motion carried unanimously.
CONSIDERATION AND APPROVAL OF DISBURSEMENTS -
April 30, 1985 - Mr. Marier moved to approve the disbursements
as presented. Mr. Bohjanen seconded the motion. Motion carried
unanimously.
May 13, 1985 - Mr. Marier asked about the difference in fees
for legal publications for Press Publication and Sell Publication.
Mr. Schumacher explained that Presss Publication is the City
legal newspaper and their fee includes public hearings, notices,
ads, as well as the notice of land sale. Sell Publication
is notice of land sale only. Mr. Bohjanen moved to approve
the disbursements as paresented. Mr. Reinert seconded the
motion. Motion carried unanimously.
OPEN MIKE
Mrs. Susan DuFour appeared and stated she "was here prior to
March 12, 1985, Mr. Hammes coming and abusing me. Last Council
meeting Mr. Campbell talked to Mr. DuFour and told him he was
not going to bring the issue up. My husband left and then
Mr. Campbell stated that we abused our children in the past
and I'd like to have proof of that." She asked "where is Mr.
Campbell ?" Mayor Benson said he is not here tonight. Mrs.
Dufour said "second she would like to have the complaint on
the siding from Mr. Hawkins." Mr. Hawkins said he did not know
what she was referring to. Mrs. DuFour said 'thesiding on
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COUNCIL MEETING
May 13, 1985
Page Two
my home 875 Old Birch Street, you've been complaining about
it for three years, I'd like to have a copy of the complaint:'
Mayor Benson said he said it wasn't the City Attorney and asked
Mr. Kluegel if he has been following up on this. Mr. Kluegel
explained to Mrs. DuFour he has sent her a letter in the past.
Mrs. DuFour asked for a copy of the letter and said she "nad
nothing on it and would like to have it." Mayor Benson said
this has been discussed with Mr. & Mrs. DuFour in the past
on several ocassions. Mrs. DuFour asked "when was this discussed ?"
Mayor Benson said about two years ago when you and your husband
were in here. Mrs. DuFour asked'when we got a building permit,
when we paid for it." Mayor Benson said when the Council was
in the old chambers. Mrs. DuFour said, "oh, you mean when
you gave me a special use permit for the trailer and then a
man came and pulled a well without a permit and you gave me
a ticket and then we went to court and it was dismissed by
the judge, is that the one you mean ?" Mayor Benson said it
was after that, you are talking about a letter about your siding
and you were in the Council Chambers. Mrs. DuFour said "well,
where is this letter now, before we pulled the second permit ?"
Mayor Benson said the Building Inspector will give you a copy
of the letter. He asked if there is siding on the house.
Mrs. DuFour said "three years the permit goes for legally, right ?"
Mr. Kluegel said initially when you pull the permit you have
six months to start building according to State Building Code.
Once you have started construction you have another six months
grace period and if construction has not started, then a new permit
is required. Mrs. DuFour asked "so, has there been a problem
on that Pete ?" Mr. Kluegel said it hasn't been completed yet.
Mrs. DuFour said "he did pull a permit recently now before you
sent the officer out to abuse me." Mayor Benson said Mr. Kluegel
did not sent the officer out. Mrs. DuFour said, "Marilyn Anderson
did, I've heard the accident is that so Marilyn ?" Mayor Benson
said we are talking about a permit now. Mrs. DuFour said,
"no, we are talking about the police coming out." Mayor Benson
said no, you are asking about a permit now, what are you asking
about, a copy of a letter dealing with a request to have your
siding completed? Mrs. DuFour said, "yes, I would like to
have a copy of the complaint on the siding." Mayor Benson
asked Mr. Kluegel to get this to Mrs. DuFour and asked if neces-
sary write another letter to her for her file. Mrs. DuFour
said, "and also I want copies of Mr. Campbell's statement from
the last meeting about the abusing of my children. Richard
isn't here, he stated he has had trouble with us in the past,
I'd like to have a copy of that." Mayor Benson said according
to the minutes this was stated. Mrs. DuFour said, "it was
in the newspaper." Mayor Benson said the newspaper is not
the legal document of the City. Mr. Marier said the City has
no control over what is printed in the newspaper. Mrs. DuFour
asked, "where is Mr. Campbell's papers on this? Where is Mr.
Campbell's investigation papers on this complaint ?" Mayor
Benson said he thought they would be in Mr. Campbell's file.
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COUNCIL MEETING
May 13, 1985
Page Three
Mrs. DuFour asked, "can I get a copy of them tonight ?" Mayor
Benson said no. Mrs. DuFour asked, "can I get a copy of them
tomorrow morning ?" Mr. Hawkins said, this is pending litigation.
Mrs. DuFour asked, "when did the pending of the litigation
start? Is this from March 12 ?" Mr. Hawkins said you are pre-
sently charged with assault are you not? Mrs. DuFour said,
"no, I did not, he abused me, I have a witness, I have a doctors
. . " Mr. Hawkins said Mrs. DuFour is charged with assault,
so there is pending litigation. Mrs. DuFour said, "no, I am
not the only one, there is a lady here from the community that
also had trouble with the Police Department." Mr. Hawkins
said you are charged with a crime at the present time. Mrs.
DuFour said, "there wasn't, well then I'd like to have a copy
of that." Mr. Hawkins said you have a copy, you have a lawyer,
you have been to court, you have a copy of the complaint, you
have been given a citation. Mrs. DuFour said, "a copy of what,
complaining of child abuse." Mr. Hawkins said charging you
with a crime of assault on the police officer, the matter is
currently pending before the Anoka County court. Mrs. DuFour
said, "right, where is Mr. Campbell's investigation on this,
a copy of it." Mr. Hawkins explained while this matter is
pending and you are being prosecuted those matters are not
going to be disclosed to you unless you make proper request
through your lawyer or public defender and he will make the
arrangements and file the necessary papers. Mrs. DuFour said,
"I have a public defender, so you have no copies of either
of these." Mr. Hawkins said the documents will be supplied
pursuant to the rules of criminal procedure through your lawyer.
Mrs. DuFour said, "OK, that's all I have to say."
Mrs. Judith Seekon, 889 Main Street, Lino Lakes - Mrs. Seekon
said "I am here to back Susan DuFour and several other neighbors
in my neighborhood who have been abused by the Police Department
by harrassment and physical abuse. I just gave Marilyn, the
Clerk three copies, one for you, Mr. Benson, one for the members
of the Council and one for the Chief of Police. They were
signed by residents out here, I have another copy going around
in other areas of Lino Lakes and we are charging the Chief
of Police and the Police Department with brutality, well, it's
all wrote down there, it's all on the petition." Mayor Benson
explained the City initiated a Police Task Force well over
a year ago to investigate the Police Department and this was
done and made some recommendations. Also the City has a new
Police Chief that's been on the job about a month and the reports
from the City are substantiating that he is making inroads
within the community and people are pleased with him and his
openness in dealing with the people. He explained to Mrs.
Seekon that the City is ahead of here in this matter, in that
the Council has already been working on it for over a year.
Mrs. Seekon said, "I hope so, but some of the staff has happened
since between the new Chief taking over and when Mr. Myhre
retired, much of the stuff has happened since then." Mayor
Benson thanked Mrs. Seekon.
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May 13, 1985
Page Four
ENGINEER'S REPORT
A. Ash Street Sewer Update - A joint powers agreement has
been drafted by the attorney for the City of Shoreview.
He, their Engineer and City Attorney have prepared a second
draft of the proposal and the next step is to bring this
to the Lino Lakes City Attorney and staff for final review
and then to both Councils for final action. This document
would provide for those properties that are adjacent to
existing systems to connect immediately or when they choose.
Mr. Davidson also suggested a unit charge and equalized
benefits along the entire length of Ash Street.
B. Bridge, 80th Street - Mr. Davidson asked for authorization
to prepare the necessary documents for application of
bridge funds. He will also be coming back to the Council
with a resolution asking the Council to set bridge prior-
ities. There are presently two bridges on the City system,
one on 80th Street and one on Hardwood Creek. Mr. Ruud
has not completed his survey work along 80th Street and
will have the right -of -way plan prepared later in the
summer. Mr. Davidson explained bridge funds are allocated
on a priority basis and since the 80th Street bridge is
on a proposed County State Aid, state funds can be used.
This would be 100% for the construction. The City would
be obligated to remove the old bridge, could be up to
$20,000.00. Mr. Davidson said the County has encumbered
the funds, but the design plan has not been completed.
Mr. Marier said it appears that this may have been put
on the back burner of the County and should be discussed
at the May 15th Special Council Meeting.
Mr. Marier moved the allocation of bridge funds for the
80th Street bridge. Mr. Reinert seconded the motion.
Motion carried unanimously. Mr. Schumacher asked what
percentage of the engineering bill would be paid through
state aid. Mr. Davidson said if 80th Street is left on
the state aid system, MSA funds can be used for engineering.
The bonding program is 100% for the construction cost
only. Acquisition of the right -of -way and engineering
for bridge construction is the City's obligation. He
estimates $5,000.00 for demolition of the bridge and $15,000
for engineering and acquiring the right -of -way.
C. Status of South Central Utility District - The final design
plan for the extension of the sewer interceptor along
North Road is being prepared and Metro Waste Control is
looking at advertising for bids in August and beginning
construction sometime in September or October and having
construction completed by the end of the year.
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COUNCIL MEETING
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Page Five
Mr. Schumacher has been working with the two developers
who are interested in this outlet. Mr. Gearman has sent
a. letter to the City asking the project to proceed. Mr.
Ulmer is also interested and is working on getting his
letter of credit. Since Mr. Gearman's subdivision is
approved and he is waiting for utilities it would be unfair
to delay him further and Mr. Schumacher asked the Council
authorize the engineer to prepare plans and specifications
to provide utilities to his subdivision contingent upon
Mr. Gearman supplying the City with a developer's agreement
and letter of credit. It would be up to the Council to
decide how to handle Mr. Ulmer's situation, either bring
sewer up to his property line or requiring any options.
Mr. Marier said he felt Mr. Ulmer's request should be
handled in the same manner as Mr. Gearman's.
Mr. Marier moved to authorize the engineer to go ahead
and start developing the engineering plans for Rice Lake
Estates, with the letter of credit and developer's agree-
ment on file at the City Office.
Mr. Gearman asked what the amount of the letter of credit
will be. Mr. Schumacher said it will be based on the
engineer's estimate.
Mr. Reinert asked what is the status of Rice Lake 3rd
Addition if they do not proceed with the letter of credit
and getting the utilities up to this property, do they
develop in one acre lots. Mr. Hawkins said under the
present ordinance, he can continue to develop one acre
lots. Mr. Marier said the City cannot force Mr. Ulmer
to do anything. Mr. Reinert asked if the City bumped
the sewer and water up against his property line would
he be obligated to put in sewer and water. Mr. Schumacher
said he would be obligated to pay for his assessment that
benefits his property.
Mr. Davidson pointed out the only effect of not servicing
Rice Lake 3rd Addition would be in the size of the lift
station, could proceed with Mr. Gearman's project and
deal with the Ulmer extension separately.
Mr. Schumacher said Mr. Ulmer is interested in developing
his property with sewered lots. His problem is obtaining
his letter of credit for the entire package of bringing
sewer to his property and servicing his property. He
would write a letter to the Council telling them he would
support the extension and would be more than happy to
pay for his assessments.
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COUNCIL MEETING
May 13, 7985
Page Six
Mr. Bohjanen seconded Mr. Marier's motion. Mayor Benson
asked if the engineering costs are the same if the project
is done in segments or as a whole. Mr. Davidson said
the same.
On the motion, motion carried unanimously. (See Resolution
85 -09 on page six (b).
D. Sealcoat Program - Mr. Davidson has written letters to
MarDon, Zaudtke, Orange Street and Carl Street stating
streets installed by H & S did not provide adequate mix
and will need to sealcoat. He suggested these three
streets be added to the joint powers agreement with Anoka
County for inclusion in its bituminous sealcoat program.
ATTORNEY'S REPORT
A. Second Reading - Ordinance #04 -85, Platting Procedure •
- Mr. Hawkins noted the Clerk will have to record this
ordinance with the County Recorder. Mr. Marier moved
to adopt this ordinance and dispense with the reading.
Mr. Reinert seconded the motion. Motion carried unanimously.
This ordinance is recorded in its entirety in the May
13, 1985 minutes.
B. Second Reading - Ordinance #06 -85, Park Dedication -
Mr. Hawkins noted the Clerk will have to record this ordin-
ance with the Anoka County Recorder. Mr. Reinert moved
to adopt this ordinance and dispense with the reading.
Mr. Bohjanen seconded the motion. Mayor Benson commented
he did not agree with the way the $160.00 was arrived
at and is not in favor of it.
On the motion, motion carried unanimously.
This ordinance is recorded in its entirety in the May
13, 1985 minutes.
C. Second Reading - Ordinance #03 -85, Fee Schedule - Mr.
Reinert moved to adopt Ordinance 03 -85 and dispense with
the reading. Mr. Marier seconded the motion. Motion
carried unanimously.
D. Gambling License Application, Jacobsen Memorial Legion
#487 - Mr. Hawkins updated the Council regardingthe new
state laws governing gambling licenses. Until further
action is taken by the State, the City has control over
gambling license applications. This application is in
order. Mr. Marier moved to approve this application.
Mr. Bohjanen seconded the motion. Motion carried unanimously.
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RESOLUTION #85 - 09 COUNCIL MEETING
May 13, 1985
Page Six (b)
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS.
WHEREAS, a Resolution of the City Council adopted the 26th day
of November, 1984, fixed a date for a Council hearing
on the proposed improvement of North Road from the West
City limits to Lake Drive, South on Highway #49 to Rice
Lake Estates, North on 2nd Avenue to Ulmers Rice Lake
3rd Addition pursuant to a petition of affected property
owners, and
WHEREAS, ten days published notice of the hearing through two
weekly publications of the required notice was given
and the hearing was held thereon the 27th day of Dec-
ember, 1984, at which all persons desiring to be heard
were given an opportunity to be heard thereon, and
WHEREAS,. a period of sixty (60) days has elapsed after the .
public hearing and no petitions have been filed ag-
ainst the improvement as provided in Section 8.04,
Subd. 1, of chapter 8 of the Lino Lakes City Charter.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. Such improvement is hereby ordered as proposed in
"A" as outlined in the TKDA Supplemental Report
entitled "Proposed 1984 Improvements - Rice Lake
Estates Utility and Street Improvements" except
Ulmers Rice Lake 3rd Addition and 2nd Avenue,
dated January 12, 1984.
2. Such improvement is also contigent upon the sign-
ing of the City's standard developers contract.
3. Mr. John Davidson of TKDA is hereby designated as
the Engineer for this improvement. He shall pre-
pare plans and specifications for the making of
such improvement.
Adopted by the Council this 13th day of May, 1985.
(1.[Ci_`1c(f_ A_v j
Marilyn G( Anderson, Clerk - Treasurer
enjamin . Benson Mayor
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E. 7:30 Public Hearing, Otter Lake Drive Vacation - Mayor
Benson opened the public hearing at 7:45 P.M. Mr. Schumacher
explained that Otter Lake Drive was originally recorded
many years ago as being 66' wide. Mr. Hansen platted
Otter Lakes Estates and in the plat Otter Lake Drive was
described as 60' wide. There has been a request to vacate
6' of the street width to eliminate the question of descrip-
tion on properties bordering the street. Notices have
been sent to benefitting property owners with notation
that the expense of the related cost of approximately
$1,400 would be the responsibility of the benefitting
property owners.
Mr. Marier moved to approve the vacation of 6' of width
of Otter Lake Drive and the expense is the responsibility
of the benefitting property owners. Mr. Bohjanen seconded
the motion. Motion carried unanimously. •
Mr. Bohjanen moved to close the public hearing at 7:46
P.M. Mr. Reinert seconded the motion. Motion carried
unanimously.
F. 7:35 P.M. Public Hearing - 49 Area Sewer Rates — Mayor
Benson opened the publi -c hearing at 7:48 P.M. Mr. Schumacher
explained Shoreview has raised the sewer rate charge for
the portion of Lino Lakes serviced by the Shoreview utility.
The increase is approximately 5% and the rates suggested
in the memorandum dated April 12, 1985 to the Council
pass on the rate increase to the users.
There was no one in the audience to speak for or against
the rate increase.
Mr. Marier moved to close the public hearing at 7:50 P.M.
Mr. Reinert seconded the motion. Motion carried unanimously.
Mr. Marier moved to adopt the new rates as outlined in
the April 12, 1985 memorandum to the Council. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
FIRE DISTRICT - QUARTERLY REPORT
Mr. Neil Benjamin presented the first quarterly report of the
Centennial Fire District. He reported everything was going
well and noted most fire calls were for Lino Lakes. The issues
still to be resolved are depreciation and valuation of the
equipment. Mr. Rapp, City Administrator from Circle Pines
has told Mr. Benjamin that within 30 to 60 days someone will
be hired to prepare this information.
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COUNCIL MEETING
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Page Eight
Mr. Reinert asked the status of the pull back of one fire vehicle
from Circle Pines. Mr. Benjamin explained Circle Pines had
intended to sell one vehicle prior to the formation of the
new fire district. This was not done and the vehicle became
a part of the fire district. Mr. Reinert felt if the Circle
Pines Council feels this a problem it should be dealt with.
However, if this is just a problem for Craig Rapp, this Council
can forget about it. Mayor Benson felt this was a closed issue
and said a letter to this effect could be supplied to Circle
Pines.
Mr. Benjamin said the District is keeping in budget except
in the area of salaries and insurance. Currently, the District
is trying to obtain another water transport.
Both of the existing relief associations have to be resolved
by July and there is a bill in the state legislature dissolving
the Circle Pines and Centerville associations and establishing
an association for the Centennial Fire District.
Mayor Benson thanked Mr. Benjamin for coming this evening.
8:00 PUBLIC HEARING — CONDITIONAL USE PERMIT, BRUCE HANSEN,
SURFSIDE SEAPLANE BASE
Mayor Benson opened the public hearing at 8:00 P.M.
Mr. Kluegel explained this is a request for an amended conditional
permit request for Mr. Bruce Hansen and site and building plan
approval for pole barn of approximately 5,000 square feet to
be used as a hangar. The land is presently zoned expansion
residential.
The Planning and Zoning Board has recommended approval with
the stipulation that the building be constructed in accordance
with the building code, that no additional signage be allowed
and all tires, barrels and miscellaneous material be removed
or stored in the building, no exterior storage of various parts
and that the site and building plans be followed.
Mr. Hansen noted that the floats from the airplanes will have
to be stored outside and parked along the landing area in a
line. It would require an extremely large building to store
these.
Mr. Marier moved to close the public hearing at 8:05 P.M.
Mr. Bohjanen seconded the motion. Motion carried unanimously.
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May 13, 1985
Page Nine
Mr. Marier moved to grant the conditional use permit with
the following stipulations: building to be constructed in
conformance with the building code, no additional signing be
allowed, all tires, barrels, debris such as the metal material
in the runway be removed and no storage outside the building
of any kind with the exception of airplane floats and beside
the site and building plans must be followed. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
8:10 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT. MIKE ASKAY.
NON - RESIDENTIAL BUILDING IN AN AREA WITHOUT SANITARY SEWER
Mayor Benson opened the public hearing at 8:10 P.M. Mr. Kluegel
explained this request is for the construction of an insulation
storage and office building to be located in the Lino Industrial
Park. It involves the construction of a 2,000 square foot
pole type structure, brick front, wood paneling, dressed up'
front. The site and landscaping plan and the drainage plan
are part of this submittal. This requires the installation
of a 1,250 gallon septic tank and 500 square feet of drainfield
and the engineer has reviewed the - specifications and conditions.
The Planning Board approved the request subject to the following
requirements; topography, storm water drainage plan and erosion
control measures must be taken as soon as practical after construc-
tion starts, the landscaping plan be amended to include increased
landscaping in front of the building as discussed, the truck
and trailer at all times be parked in the rear of the building
and any signs be in accordance to the sign ordinance.
Mr. Henriksen from the audience asked what type of materials
will be stored in the building. Mr. Askay explained it would
be insulation materials and electronic parts. There will be
no chemicals.
Mr. Reinert moved to close the public hearing at 8:13 P.M.
Mr. Reinert seconded the motion. Motion carried unanimously.
Mr. Marier moved to grant the application for a conditional
use permit to Mike Askay for site and building plan approval
and conditional use permit for on -site septic system the condi-
tions to be met as recommended by the Planning and Zoning Board.
Mr. Bohjanen seconded the motion. Motion carried unanimously.
The Council took a five - minute break.
8:20 PUBLIC HEARING - CONDITIONAL USE PERMIT - MARLIN HANSEN.
SHORELAND MANAGEMENT ORDINANCE
Mayor Benson opened the public hearing at 8:20 P.M. Mr. Kluegel
explained it is a request for a detached rural storage building
to be constructed within the Shoreland Management area. The
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COUNCIL MEETING
May 13, 1985
Page Ten
building is 985 square feet, is to be the same type construction
as the house, single story, matching the home, same roof pitch,
to house garden tractor, antique car, catamaran and a pontoon
boat, will not be used for human habitation. The area is zoned
rural and the Planning Board recommended approval provided
the present homesite is combined with the adjacent twelve acre
parcel also owned by Mr. Hansen.
Mr. Reinert asked if the City has sole discretion for approval
of this application. Mr. Kluegel said yes, our Shoreland Manage-
ment Ordinance was approved by DNR, they will be notified of
the stipulations.
Mrs. Alban Letourneau of 2018 Otter Lake Drive said that there
are covenants at Otter Lake Estates, one states that an out
building cannot exceed 24' X 36' or 864 square feet and a nine
foot ceiling and cannot house more than four passenger cars:
Mr. Hansen said his property is not in the Otter Lakes plat
and those covenants do not affect his property. He stated
he needed more room to house his antique car and boats.
Mr. Letourneau said you requested a building for a boat house,
you should have a storage shed and be in line with the houses
presently there. Mr. Hansen said -he planned to do this. Mr.
Letourneau said he felt it was too big of a building and Mr.
Hansen should comply with the covenants in the area.
Mr. John Kinneberg said he felt the size of the building was
not appropriate for the area and felt his lot was too small.
He asked what will happen to this building five and six years
down the road.
After discussing the size of Mr. Hansen's lot and the adjacent
12 acres, combining the two parcels, discussing the primary
use of the building, the vehicles he already owns, whether
the size of the garage could be scaled down, Mr. Reinert asked
the people in the audience if they preferred Mr. Hansen store
all his vehicles and boats outside. Mr. Kinneberg said Mr.
Hansen already has a four car garage and his pontoon boat has
sat outside for a long time already.
The Planning Board had recommended that if Mr. Hansen combines
his two parcels of land together and record it as one parcel
of property a 1,000 square foot building could be approved.
Mr. McLean said the size is unappropriate for the neighborhood
and could be scaled down.
Mr. Marier asked if there will be access to this building from
the street. Mr. Hansen said yes, he will have a driveway so
it will look just like a garage.
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COUNCIL MEETING
May 13, 1985
Page Eleven
Mr. Marier moved to close the public hearing at 8:45 P.M.
Mr. Bohjanen seconded the motion. Motion declared passed.
Mayor Benson asked if the Council could stipulate the location
of the building. Mr. Hawkins said by ordinance if there are
criteria reasons that relate to the standards that the Council
consider such as health, safety, effect on adjacent properties
then you can impose conditions as part of the motion. He pointed
out that when issuing conditional use permits the Council is
obligated to make specific finds based on the ordinance. He
read the criteria from the ordinance.
Mr. Marier moved to approve the conditional use permit for
a storage building 24' X 36' and the two parcels be combined,
the building not be used for habitation and no sanitary facilities
be permitted and no living quarters be permitted. Mr. Bohjanen
seconded the motion. Motion passed unanimously. Verification
of the land combination must be presented to the Clerk.
Mr. Kluegel said he will be bringing in all the conditional
use permits for Council consideration.
MARY SUNDELL -7702 LAKE DRIVE
Mrs. Sundell who lives across 77th St. from Schwans Ice Cream
was here because she has a problem with the noise there on
a continual basis. The semi - trucks are approximately 30 feet
from her bedroom window. The manager of Schwans had spoken
at a recent Council meeting and she felt everything that was
said at this meeting was not put in the minutes. Basically
she and her children just can't sleep at night because of the
noise from Schwans and she said she could not take it any more.
Mayor Benson read a letter received from David Kelso of the
Pollution Control Agency noise monitoring service. The noise
level is 10 decibels above noise level allowed during nightime.
Mrs. Anderson prepared a copy for Mrs. Sundell.
Mr. Kluegel said the manager has received a copy of the letter
and the burden is on them to comply with these standards or
discontinue operation.
Mrs. Sundell said there are other noise problems from Schwans
such as the vibration of the metal building when they are unloading
shouting over the trucks, a lot of obscenities have been used
and also a lot of banging of boxes that go on a conveyor belt
and because or the metal building, they just throw the boxes
on it.
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COUNCIL MEETING
May 13, 1985
Page Twelve
Mayor Benson said if they are within the noise level there
is nothing the Council can do. Mrs. Sundell said, you mean
even if it is 2:00 A.M., it is alright to bang boxes against
a tin building. Mayor Benson said the Council has to follow
state guidelines on noise pollution levels. Mrs. Sundell said
she has a valid complaint because of the vibration. Mayor
Benson said there would have to be a noise reading level.
Lino Lakes does not have a noise ordinance that restricts noise
during certain hours. Mayor Benson said the City follows state
guidelines.
Mayor Benson thanked Mrs. Sundell for coming.
CONSIDERATION OF APPOINTING MARGIE ROISUM, CITY ASSESSOR 1985
- 1986
Mr. Bohjanen moved to appoint Mrs. Roisum City Assessor for
1985 - 1986 as recommended in Mr. Schumacher's memorandum to
the Council dated May 9, 1985. Mr. Reinert seconded the motion.
Motion passed unanimously.
CONSIDERATION OF THE POLICE ADVISORY TASK FORCE FINAL REPORT
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Mr. Reinert moved to table this item until the report is com-
pleted. Mr. Marier seconded the motion. Motion carried unanimously.
CONSIDERATION OF AN APPLICATION TO THE LINO LAKES PARK AND
RECREATION BOARD
Mr. Marier moved to appoint Joseph A. Sacco of 46 Gladstone,
Lino Lakes to the Park and Recreation Board. Mr. Bohjanen
seconded the motion. Motion carried unanimously.
CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY
FOR INCLUSION OF ITS BITUMINOUS SEALCOAT PROGRAM
Mr. Volk said the joint powers agreement does not address sweeping
and inspection. He checked with the County and was told the
contractor who is awarded the bid sweeps the street and Anoka
County does the inspections. Sweeping can be negotiated after
the bids are let. It is Mr. Volk's recommendation to go ahead
with the agreement and if the results are not satisfactory
after the bid letting when costs are known, the City can cancel
the agreement within 30 days after bid letting.
Mr. Marier moved to enter into a joint powers agreement with
Anoka County for bituminous sealcoating for 1985 to include
Orange Street, Carl Street and MarDon Acres. Mr. Reinert seconded
the motion. Motion passed unanimously.
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COUNCIL MFFTING
May 13, 1985
Page Thirteen
CONSIDERATION OF SUBMITTING A BID FOR USED STREET SWEEPER
Mr. Volk explained a sweeper owned by the City of Oakdale is
not is use and is in very good condition and is well maintained.
Our present sweeper needs about $4,000 work of repair and the
sweeper at Oakdale may be purchased for $2,500.00 Mr. Schumacher
said this could offset some of the costs of sealcoating. The
old sweeper probably can be sold, if not the rear engine can
be used in the City generator.
Mr. Reinert asked where the money would come from. Mr. Schumacher
explained from the capital improvements fund which presently
has a balance of approximately $14,000.00.
Mr. Marier moved to purchase the street sweeper from Oakdale.
Mr. Reinert seconded the motion. Motion carried unanimously.
CONSIDERATION OF A JOINT POWERS AGREEMENT WITH ANOKA COUNTY
FOR THE UPGRADING OF 80TH STREET
Mr. Marier moved to approve the agreement. Mr. Bohjanen seconded
the motion. Motion passed unanimously.
CONSIDERATION OF AWARDING BID ON NORDIN MANOR LOTS TO ROYCE
ZAUDTBE
Mr. Schumacher explained two bids have been received for the
Nordin Manor lots. R & J Company bid $6,100.00 for each lot
for a total of $24,400. Zaudtke Construction bid $7,000.00
per lot for a total of $28,000.00
Mr. Reinert moved to award the sale of these lots to Zaudtke
Construction with a high total amount of $28,000 or $7,000
for each of the four lots and authorize the Mayor and Clerk
to execute the deeds to the high bidder. Mr. Bohjanen seconded
the motion. Motion carried unanimously.
NEW BUSINESS
A. League Annual Conference - An agenda is included in every-
one's packet. If anyone interested in attending contact
City Hall so that you can be pre- registered.
B. Advertise 14 Lots on Blackduck - The City has received
a bid and a proposal for these lots. Mr. Schumacher is
in the process of talking to the developer who submitted
the proposal and will bring this up at the next Council
meeting.
C. Special Council Meeting - A special Council meeting has
been set for 7:00 P.M. Wednesday, May 15, 1985 with Rice
Creek Watershed District and Anoka County regarding the
4th Avenue drainage problem.
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COUNCIL MEETING
May 13, 1985
Page Fourteen
D. Agenda Items - Mr. Schumacher explained there was concern
from the press about being able to pick up information
on agenda items on the following day. Staff meetings
are held on the morning following Council meetings so
Mr. Schumacher suggested that if the press has any questions
dealing with any agenda items or any City business they
should handle this right after the Council meetings.
E.
Chief of Police Memo - 4 Wheel A11- Terrain Vehicle
Chief Campbell is looking at promoting safety classes
and concepts of these vehicles, what the law is, etc.
Mr. Reinert moved to authorize the use by the Police Depart-
ment of a 4 -wheel all terrain vehicle to include insurance
and maintenance of the vehicle. Mr. Marier seconded the
motion. Motion declared passed.
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OLD BUSINESS
A. Set Meeting - Work Session, Audit - June 10, 1985, 5:30
P.M. - Mr. Reinert will not be here, nor Mr. Marier.
Mr. Schumacher will reschedule this meeting.
B. Vehicle Auction - Mr. Volk noted that none of the vehicles
sold at the auction so he is going to request sealed bids.
C. Open House - Open House for the new Senior Center and
New Council Chamber will be May 19, 1985 from 2:00 to
5:00 P.M.
The next regular Council meeting will be Tuesday, May 28, 1985.
Mr. Reinert moved to adjourn at 9:33 P.M. Mr. Bohjanen seconded
the motion. Motion declared passed.
These minutes were considered, corrected, and approved at a
regular meeting of Council on May 28, 1985.
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Marilyn CP. Anderson, City Clerk