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
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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.
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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.
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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.
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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
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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.
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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.
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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.