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HomeMy WebLinkAbout06/09/1980 Council Minutes110 Council Minutes May 27, 1980 the bingo records and report. Mr. Locher will inform the Clerk what is needed from the Church. Mr. Jaworski moved to table. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mayor Gourley had; some commmunications from Milner Carley Which will be copied for all Council Members. Mr. Kulaszewicz moved to adjourn at 1:00 A.M. Seconded by Mr. Jaworski. Aye. These minutes were considered, corrected and approved at a regular Council Meeting held on June 9, 1980. Edna L. Sarver Clerk -- Treasurer Council Minutes June 9, 1980 The regular meeting of theiLino Lakes City Council was called to order at 7:30 P.M., June 9, 1980, by Mayor Gourley, Council members present; Elsenpeter, Jaworski, Kulaszewicz, McLean. Absent: none. Mr. Locher, Mr. Meister, and Mr. Schumacher were also present. The;minutesrof the May 27, 1980 were approved as written. Mr. Kulaszewicz moved to approve the disbursementsas listed. Seconded by Mr. McLean. Motion carried unanimously. Under the Open Mike portion, Mr. Robert Sulander had asked to speak in reference to his request for outside storage. Mr. Sulander had appeared before the Planning and Zoning Commission for review of this request. That Board had re- commended approval. The Council had denied this request at the May 27, 1980 meeting and had allowed Mr. Sulander 60 days to remove the materials now at that location. Mr. Sulander told the Council that it would be impossible for him to remove that material within that time. He asked if there was any way he could get an ex- tension to this time limit. The .amount of materials now there was questioned, and it is quite a lot, also the minimum time he would need to remove this material. Mr. Sulander said the status of the market would determine the removal. Mayor Gourley pointed out that Mr. Sulander was not denied this request because he was not present, but because this type of operation was un acceptable. Mr. Jaworski felt that if 60 days is not sufficient time, Mr. Sulander could appear before the Council and request a time extension for the removal. The consensus of the Council was that Mr. Sulander should follow this procedure. The next person toispeak was Mr. Al Ross. He gave some background on the existing ordinance dealing with the keeping of animals. He felt the five acres should remain in the ordinance. He also felt the Planning and Zoning Board should have all the necessary information on the requests presented to them before they forward a recommendation to the Council. He felt this is 1 Council Minutes June 9, 1980 Page 2 very necessary for the Council to be able to deal with these matters in a proper manner. He also thanked the Council on the Open Mike portion of the Council meetings,. He felt this gave the citizens an opportunity to speak on matters they are concerned about. The Public Hearin on Ordinance #73 was opended at 7:48 P.M. Mr. Schumacher read the ordinance as it had been rewritten. Mr. Schumacher pointed out the difference and the manner in which the direction this ordinance has taken. 111 Parcels of land of less than 10 acres but containing at least five acres may keep animals with the issuance of a special use permits. Mr. Schumacher out- lined the requirements that will be considered in issuing these permits. He also pointed out there are provisions for inspections. The section dealing with what constitutes a nuisance was also read. The meeting was opened up for testimony from the audience. Mayor Gourley asked that remarks be limited to five minutes and that they only speak once.. Terry Smith disagreed with Section 3. She felt it was a waste of time. She . thought the reason for this ordinance was for the purpose of not wasting the Council's time in hearing these requests. Mayor Gourley explained the reasons for including the requirement for special use permit. Ms. Smith suggested that the areas of lands not involved in swamp should not have to apply fora special use permit. Ginger i_uther. agreed with this concept. She felt this is a_good way to have this handled. She asked about people who have animals at this time - do they have to come in for a special use permit? Mayor Gourley said the way this is wvitten now, No. Chris Benier asked what happens if he sells his land to a person who wants to keep animals.- does he need a special use permit. Mr. Locher said the person who buys the land could continue what is being; done on the land. Bob Gray - questioned the household pets portion is there a limit on the number of animals kept as household pets? Mr. Gray opposed the portion of the Ordinance that prohibts the sale of the products produced on these parcels of land. Mr. Chuck McGrath opposed the five acres - he felt that parcels of land within certain sectors could bedesignated,for inspection. He also disagreed with the prohibition of the sale of the products. He disagreed with inspection - only the special use permit holders are subject to inspection.. He suggested that all persons who. have animals on these small parcels of land be subject to in- spection also. Mary Alice Anderson. - can she sell he six acres , can that be sold as a hobby farm ?; Mayor Gourley said, yes. She felt this should be done so as to benefit the whole community, not just a select few. Mr. Bob Smted - opposed the acreage. He wanted parcels of Tess than five acres to require special use permits. He felt that as ionglas the neighborsdid not object and the animals are taken care of, there should be no reasons why animals could not be kept on these small lots. Council Minutes June 9, 1980 Page 3 Mr. Jaworski felt that putting horses on small acreage could create problems in the neighborhood and put one person against another. Bob Witham.- ten acres too much ,-:five acres is fine. He said he could' take care of animals on less than five acres but some others might not be able to do so. Mr. Witham questioned as to who would do the inspection. Mayor Gourley pointed out that a person has not be designated at this point in time. Sandy Bernier - asked about the meeting that had been held several nights ago and if a committee has been appointed at this time. Mayor Gourley said that would be done at the end of this hearing John Clark - suggested that in the ordinance the references to "hogs" be changed to 'swine'. Linda Carlson - was concerned about streets with parcels of land from one acre to four acres with some of the people who want to keep animals - what will happen to the value of the other homes, and she was concerned about putting one neighbor against the other. She asked about the people with lands under 5 acres. Mr. Jaworski said those persons are not being considered under this ordinance. Mr. Jerry Hansen took exception with the section that deals with the selling of products. This affects him in that he keeps bees and does sell the excess. Bill Gregor asked if this isn't putting neighbor against neighbor in requir- ing persons with 5 or 6 acres to get a permit. Mr. Jaworski felt that five acres gives a little more room to work with. Mr, Gregor asked if he leased lands to give them five acres, could that person get a permit, Mr. Locher said, Yes, if the land was contigous. Mayor Gourley said unless there is a law on the books, it does no good to re -. gister a complaint, if there is no law to enforce, nothing can be done. A lady from the audience questioned the grandfathering in of some of the ex- isting uses of the land. Mr. Locher explained the dates the ordinances were passed that governs the amount of land that is needed to keep animals. The lady said she was new to the area, only has three acres and does not ha 'Ye animals at this time. But, if she wanted to acquire additional acreage and have animals, then she would need a special use permit. The Council said this was so. She said that Lino,Lakes was a rural area, a farming area and people that don't want.to live next door to animals should move back to the Cities. Mr. Smeed reappeared to add that keeping animals on smaller acreage + he has 100' lot and has more front footage than some five acre parcels. He felt the main issue is the way animals were taken care of should be the determining factor. The testimony from the audience was closed off. Marilyn felt that Section 4 should be looked at with the possibility of rewording this section to allow for casual sales. She pointed out that the Metropolitan Council recognizes Lino Lakes as a suburban area not rural. She felt that all persons in the community could be considered, not just the people who have animals or the ones who do not. 1 Council Minutes June 9, 1980 Page 4 Mr. McLean suggested deleting this entire section, term 'swine' be subsituted for 'hogs' - also the grandfathered in areas be looked at also. Mr. McLean suggested using topog maps for the districts. 112 Mayor Gourley said he met with people from the NorthWest Saddle Club and had discussed this with several other person. He had contacted three: people, to, look into the keeping of animals, particularly horses. The three people are: Mr. John LaBlond, Mr. Curt Pelarski, and Mr. Charles McGrath. Mayor Gourley will act a liaison. He asked the Council to recognize this committee and allow them the use of the Hall, the telephone and any other needs they may have through the City offices, to hear any reports or recommendations they may have. Mr. Locher had prepared a sentence to replace the sentence under the inspection. - Mrs Elsenpeter moved to recognize this committe as a recommending body for in- vestigation on the use of lands smaller than five acres and districting the City for possible areas that may not require a special use permit. Mr. McLean asked that this motion indicate -this is dealing with the keeping of large, animals. The motion was seconded by Mr. Kulaszewicz. Motion carried unani- mously. Mr. Jaworski moved to adopt Ord. #73 as corrected. Seconded by Mr. McLean. Motion carried unanimously. Mr. Kulaszew,icz moved to close the hearing. Seconded by Mr. Jaworski. Motion carried unanimously. 9:50 P.M. Mayor Gourley presented Ordinance #56M. This amendment make Ord. 73 enforce- able. This would allow the keeping of animals in residential zones by special use permits. Mr. Jaworski moved to set a public hearing on this amendment for June 23, 1980 at 7:45 P.M. Seconded by Mr. Kulasewicz. Motion carried unani- mously. A recess was called at this, point in time. The public hearing on the special use permits and rezonings was called to order at 9:01 P.M. This is merely to :indicate which persons wish to retain their special use permit or rezoning. The names were then called and a response was asked for. The Harris Bro. Property had been purchased by Gerald Rehbein and he wishes to retain the commercial zoning; Kubeck - O'Reiley owns the DX Sunray and wishes the zoning to remain; El Rebein, Outlot J, remain zoned; Forest Tagg = Motel, to keep the zoning; Richard Walbon Mr. Gearman and Mr. Schmitz - keep rezoned; Special Use Permits; Forest Tagg - Apartment - wishes to keep; North NorthEast Realty - Outlot H &K - Multifamily - keep as is. The Clerk was inst- ructed to prepare two l•lsts and advertise for a public hearingto be held on July 14, 1980. Consideration of the final approval of the East Birch Addition was,next on the agenda. Mr. Schumacher presented the actions to date on this plat. The Council last discussed this plat in Sept. of 1979 - this included the lands asked for by the County for right- of -way on County Road; 54 and also the Park dedication - this plat is to pay money in lieu of lands. The most important issue here is the NSP right -of -way in this plat. Mr. Locher presented'the deed from Mr. Nadeau to NSP. The ownership was for a 50' easement and the new one is 66' wide. Mr. Nadeau explained this transfer of title of lands was to correct the location of the power line - this centers the 114 Council Miniutes June 9, 1980 Page 5 line more nearly on the easement. He said that the Anoka County Highway Department had restricted the access to the most north Easterly Tots - these lots would have.to' exit onto the interior street. Mr. Nadeau presented a copy of the RCWB approval of this plat. Mr. Kulaszewicz moved to approve this plat. Seconded by Mrs. Elsenpeter. This is contingent upon payment of the Park Funds. Motion carried unanimously. Mr. McLean moved to authorize the Mayor and the Clerk to sign the plat. Seconded by Mr. Kulaszewicz. Motion carried with Mr. Jaworski voting, No. The final plat of Forest Glen was considered at this time. This had been checked March and there was a need to obtain some land from Sunset Oaks for an additional right -of -way. This had been done. The Country had suggested that the Tots facing Lilac be exited onto the internal streets. All other needed materials are here. The money due for Parks is $12,000.00 Mr. Jaworski moved to approve this plat for signatures, authorize the Mayor and Clerk to sign the plat upon receipt of the Park money. Seconded by Mr. McLean. There is also a requirement that Lot 1/1, Lot 1/2, Lot 8/2, Lot1/7 face the internal street. Motion carried unanimously. The Public Hearing on Land and Oaks was called to order at 9:41 P.M. Mayor Gourley asked Mr. Schumacher to bring the Council up to date on the actions to date on this plat. This is platting of the Tots along Main Street East of 135E. There had been general discussion but no decision. The discussion had centered on the right- ofnway requirements along County Road #14. There is 27' for future. County purposes and 30' for a service road to the lots. Mayor Gourley suggested that perhaps more than the 30' would be needed. The planned surface of the service street is 24' . There was some question of the holding pond area. Mr. Tschida said this has been set up in accordance with the requirements of the Rice Creed Watershed Board. There was some discussion of needing to put the utilities in the County right - of -way - would the County then be responsible for replacing City facilities if they are located in the County right -of -way? Mr. Meister felt the County auto- matically replaces any facilities that they disturb. Mayor Gourley asked Mr. Meister if the 30' wide street with at 24' driving surface is wide enough for the purposes proposed? Mr. Meister suggested that perhaps this street could abutt the County right -of -way thus leaving more space to one side for City pur- poses. Mayor Gourley questioned the 24' surface for truck traffic -the general consensus of the Council was this right -of -way should be at least 32' in width. Mr. Schumacher questioned what the additional footage would do to the overall size of these lots. He wondered if this would leave enbugh land area in each lot. It was decided That there should be a 32' easement for street right-of- way for the service road to these lots. The possibility of constructing one of the utilities under the street surface. This would require a 40' easement for the service road. This would insure a 10' separation of the water and sewer line. There was discussion as what point in time would this street be needed. Mr. Schumacher said either when the development dictates or when traffic safety de- mands the construction. Mr. Schumacher reported that the Park Board had recommended money in lieu of land. This would compute to $3,000.00 on this plat. 1 1 Council Minutes June 9, 1980 Page 6 115 In discussing the drainage, Mr. Tschida said this had been submitted to Rice Creek and the information they had requested had been forwarded to them. Mr. Jaworski suggested that the ponding area in this plat should be completed before any building permits are issued. Mr. McLean agreed with this request. He also asked that the 40' easement be included in any action taken by this council. Any building permits on this property must have a.special use permit. Mayor Gourley asked if there were comments from the audience and there were none. The action to be taken by the Council at this time is approval of a preliminary plat. Mr. McLean moved to grant preliminary approval of this plat contingent upon 1)road right -of -way; 2,)Park money; 34drainage plans and 4) ponding plans. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. McLean moved to close the hearing. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Tramm representing Marpon Homes appeared to request rezoning of some of the lots to R2 in that plat. Mr. Tramm had requested the rezoning on lots 6 through 11, in Block 2. Mayor Gourley asked if Mr. Tramm had given any thought dispersing the R -2. Mr. Tramm said he had discussed this matter with Mr. Schumacher. Mr. Schumacher said from the stand point of not having sewers, th +s is good, but he felt from a planning stand point, it was not good. The application had requested 10% to 15% of the lots. Mr. Schumacher asked if this should not be changed to reflect the lots the rezoning was requested for. Mayor Gourley felt that if it was left at a percentage, then the lots could be traded. There was discussion on the need for two individual sewer systems - two wells. Mrs. Elsenpeter, felt these units should be dispersed for this reason, if for no other. Mr. McLean questioned the power line easement running through this plat. He suggested scattering the R2 near this easement in order to utilize this land for dispersment of the sewer systems. Mr. McLean moved to set a public hearing on this rezoning for June 30, 1980, at 7 :45 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. There was no one hereto represent the Rite -Way rezoning application. Mr. Meadows was not present. Mr. Gearman was present to discuss a special use permit for a storage building on highway #49 The issue was that the property owners within 300' had not received proper notification. The Clerk had mailed notices to all those persons, Plans and specifications had also been requested. Mr. Gearman said since there is no opposition to this use, he will have the plans and specifications prepared. He will call when these plans are ready. If he will present these to the office on the Friday before the Council Meeting he will be put on the agenda for Monday night's meeting. Mr. Jaworski moved to table, Seconded by Mr. McLean. Motion carried unanimously. Mr. Kulaszewicz moved to table consideration of Mr. George Meadow's driveway request. Seconded by Mr. Jaworski. Motion carried unanimously. Council Minutes June 9, 1980 Page 7 Mr. Ken Meister presented the feasibility report on the Andall Street petition for the surfacing of that street. Since this is 100% owner petitioned, it is a feasible project. The one issue is that each land owner will need to deed to this City lands for the right- of -way. Mr. Meister felt that this could be done in his office. The methods by which this could be financed was discussed". Mr. McLean suggested that, if this is paid for before the street is surfaced, the pro- perty owners could save quite a bit of money. Mr. Locher said what is needed is a Resolution ordering the improvements, a public hearing is not necessary, but, !Mr. Locher felt that in order to do this, this City must have a right -of -way with the deeds for that right -of -way. This petition will be taken back to the home owners, together with the estimated cost figures, with a decision from the property owners as to how they wish to pay for this improvement - assessment prodedure or before the work is done. The net item on the agenda is a discussion of Lantern Lane. Mr. Meister said they have not received any plans or specifications for this project. Mr. McLean moved to table this for more in formation. Seconded by Mr. Jaworski. Motion carried unanimously. The3next item deals with the requirement of having compaction tests done on all streets installed in the City, whether by contractor under contract to the City or private developers. Mr. Locher prepared the following Resolution: As it is in the interest of the City to have well constructed streets to avoid break up and costly maintenance, the City Council hereby requires that the City Engineer shall require of each developer, for every street to be constructed in the City, Standard Proctor Density Tests with a 100% minimum value, and no street shall be accepted for maintenance by the City unless such tests are provided. The City Engineer shall have the authority to require as many of such tests as he deems necessary on an individual project basis. Mr. McLean moved to adopt this Resolution. Seconded by Mr. Jaworski. Motion carried unanimously. The matter of Rite Way Waterproofing rezoning was opened.. It was suggested this be tabled. Mr. McLean moved to continue this matter until June 30, 1980, at 8:00 P.M. The applicant is to be notified this is the last time this matter will be continued. Seconded by Mr. Jaworski, notion carr4ed. Mr. Locher reported on the questions of the Woodshed. He had checked the in- surance, there is no 10 day written notice clause, and there is no bond present. The Woodshed was closed on this date and the license has been taken by the Police Department. It is necessary to have the names, addresses, and date of birth of all members of the corporation. There must be a police investigation before a license can be issued. Mr. Dave Lavare (sp ?) gave a summary of what is being done at that location and the matter of a residency was discussed. Mr. Gregory Schlosser has applied for the license and will be the resident member of the corporation. Mr. Locher had suggested that perhaps consideration of this license could be done at the special meeting to be held on June 16, 1980. This will depend on the supplying of the needed documents to the City offices in order for the Council to consider this request. Council Minutes June 9, 1980 Page 8 The general consensus of the Council was that no license will be issued until these requirements have been met. The residency requirement must be taken' care of by that time also. Mr. Locher reported on the off -sale application of J &K License - all was in order. The off -sale application for 3.2% beer .submitted by Hanks' is in order. The application for the Ross' Bottle Shop needs the 10 day written notice clause. Lee's of Lino also needs the 10 day written notice. Mr. Jaworski moved to approve the off -sale licenses for J &K and Hank's. Seconded by Mr. McLean. Motion carried unanimously. The Clerk is notify those applicants whose policies are inadequate and to tell them this material must be in as soon as possible. Mr. Locher had prepared a restrictive parking ordinance in line with the State Statute #4591, Sub. 6, is the law which governs this ordinance. Mr. Mclean moved to approve this Restrictive Parking Ordinance #74. Seconded by Mr. Jaworski, Motion., carried unanimously. Mr. Locher has had no further contact with the developer in connection with the ponding areas in Sunset Oaks. Mr. Jaworski moved to table the consideration of the purchase of the chipper to a later meeting. Seconded by Mr. McLean. Motion carried unanimously. There was a request from North Central Public Service for gas extension Lines in to,Twilight Acres 11. The Engineer felt that as builts are not needed. Mrs. Elsenpeter moved to approve this installation. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The matter; of operating, the Waste water treatment plant at the MMTC was dis- cussed. Mr. Schumacher brought the Council up to date as to the action on this request for a three year extension of the permit. This letter informs the Council, that this facility will connect, if and when, sewer is available, if the money is appropriated by the State Legislature. Mr. Jaworski moved toy accept this letter and to send a letter to PCA with- drawing ,the ,City's ;request for a public: hearing. Seconded; by Mr. McLean. Motion carried unanimously. The Council considered the report on the water and sewer rates as ,prepared by the City's, auditort Mr. Schumacher said he was not asking for any action on this matter at this meeting - just that he wanted the Council to under- stand what it said so that action can be taken on this matter at a later date. Mr. Schumacher reported that the projected costs indicated that the City has subsidize this operation by $11,500.00. He felt this is a major point to be considered. Under new business, the matter of a copy machine was tabled. Mr. McLean so moved. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Jaworski ,spoke _on the proposed raise in rates by NSP. He said thislis a yearly request. There is also a raise in rates in April. or May due to the use of Air Conditioners even though very few units are used at that time of year. 117 118 Council Minutes June 9, 1980 Page 9 He asked that the Council send a letter to the Public Service Commission objecting to the 12.6% increase. Seconded by Mr. McLean. Motion carried unanimously. ,Mrs. Elsenpeter requested that the HUD material be placed on the next agenda. Mr." Schumacher recommended that someone familar with this, program from the MC be present to discuss this program. This was suggested as an item for the second meeting'in July. Mr. McLean made note of the Open Space and. Parks are having regional meetings. He felt that transcripts of those meetings should be requested. Mr. Schumacher was directed to obtain this information. Mr. Kulaszewicz moved to adjourn. Seconded by Mr. Jaworski. Motion carried unanimously. These minutes were considered, corrected and approved at a regular Council Meeting held on June 16, 1980. Edna L. Sarner Clerk- Treasurer Council Meeting , June 16, 1980 The special meeting of the Lino Lakes City Council was called to order at 7:45 P.M. by Mayor Gourley with all members present with the exception of Mr. Kulaszewicz. Mayor Gourley read a notice that hehad received informing the City +that the union contract for the maintenance employees would be going, to mediation. The next item to be . considered was the transfer of the liquor license for the Woodshed. This will be operated under the name of Mitra, Inc. with Mr. Gregory Schlosser applying for the license. The insurance papers are in order but the bond needs to be in the amount of $5.000.00 rather than the $3,000.00 that had been delivered to the offices. Mr. Kluegel had inspected the lower level for the, purposes of living quarters and found smoke detectors need to be installed, shower or bathing facilities, and kitchen facilities are needed. Chief Myhre had checked out the applicant and found no problems. Mayor Gourley felt that since there had been quite a lot of work done by the staff, in connection with the transfer of this license, there should be an additional administrative cost of $100.00 t0 $125.00 to defray these costs. Mr. McLean asked how long it would take to complete the requirements to make the lower level adequate for living quarters and Mr. Marvare said, approximately, two weeks. Mayor Gourley said he had questioned the Attorney on this matter and Mr.,Locher said that Council's in past have waived this requirement for a short period.