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HomeMy WebLinkAbout06/23/1980 Council Minutes122 Council Meeting June 17, 1980 Page 2 Mr. Kulaszewica moved to adjourn at 8:40 P.M. .Seconded by Mr. ,;Jaworski. Aye. These Minutes were approved, considered, and corrected at a regular Council Meeting, held on June 23, 1980., Edna L. Sarner Clerk- Treasurer - Council Meeting June 23, 1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. by Mayor Gourley. Council members present; Elsenpeter, Jaworski, Kulaszewicz, Absent: Mr. McLean. Mr. Locher and Mr. Schumacher were also present. The minutes of June 9, 1980 was considered. Mayor Gourley presented several corrections. Mr. Jaworski moved to approve as corrected. Seconded by Mr. Kulasewicz. Motion carried unanimously. The minutes of June 16, 1980 was considered. Mrs. Elsenpeter, Mayor Gourley made several corrections. Mrs. Elsenpeter moved to approve as corrected. Seconded by Mr. Jaworski. Motion carried unanimously. The matter of the disbursements was considered. Mayor Gourley, saying there were no comments, approved the disbursements as presented. Under the Open Mike portion of the agenda, Ms. Terry Smith presented her arguments against. Ordinance #73. Ms. Cindy Bernier also presented her objections to the same Ordinance. Mary Alice Anderson presented her objection to Ordinance #73. Mr. George Taylor appeared before the Council to discuss property he is con- sidering purchasing. This land is located just North of Wolian'sEstates. He wants to construct his home beyond the 300 feet but he also wants to con- struct a pole building for a shop and atorage. He asked where he should start on this. Mayor Gourley suggested that perhaps he should start with the Building depart- ment and the Planning and Zoning. Mr. Taylor was instructed to contact Mr. Schumacher for an appointment to work out this matter. The next item was consideration of applying for State Funds for the purchase of a chipper. Mr. Schumacher presented the reasons why this is needed. This would be used in the developing of the City Parks. Mr. Schumacher said if a chipper is leased for this work, the cost would exceed the cost of the chipper. This is in view of the fact that at the present time, there ;is a State program that provides 50% funding for the purchase of a chipper. Council Meeting June 23, 1980 Page 2 Mayor Gourley asked if this has been presented to the Park Board and Mr. Schumacher said, No, he had wanted to clear this with the Council before presenting to the Park Board. Mrs. Elsenpeter said she could understand the need for such a piece of equip - ment, particuliarly in view of the problems of tree disposal during the Spring clean -up program. She also felt this should be cleared with the Park Board. Mr. Schumacher pointed out that the period for applying for this money has expired but he had been told that an application would still be considered. Mrs. Elsenpeter moved to authorize Mr. Schumacher to proceed with the applica- tion for State Funds for the purchase of the chipper and in the meantime to present to the Park Board for their approval. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Smeed, from the audience, asked if he was on the agenda and was told that he was not. He said he had called the office and was told that he would be put on the agenda under the Open Mike Portion. This was to discuss hLs request for a special use permit to keep horses. He had begun this request with less than the required five acres. He said he has leases to lands that give hfril the required five acres. Mayor Gourley said he was not on the agenda. Mr. Jaworski said this would not be considered under the open mike portion of the agenda - it should be con- sidered under the Planning and Zoning Board report. Mayor Gourley told him he would be heard at that time. The Public Hearing on Sunset Oaks 11 was called to order at 8:02 P.M. Mr. Schumacher presented the actions on this plat to date. This plat is an ex- tension of Marvy Street. The Tots are all of more than one acre. The street conforms to City requirements. The letter from the Planner was summarized. This area had been indicated as Light Industrial in the updated Comprehensive Plan. Mr. Short recommended this remain in'the LI classification. The Planning and Zoning Board had recommended this plat be denied. Mayor Gourley asked for comments from the developer. 123 Mr. Stanley noted that this -rPa 's not in the best area for development of LI. The flow of traffic for the area is through a Residential area. Mr. Stanley also felt that industrial development in that area is many years away. It was noted that 74th Street is a State Highway. This is a preliminary Plat and it shows these Tots divided'- this would be possible when streets are added. This is also contingent upon the installation of utilities. Mr. Jaworski' felt that due to the limited access for industrial vehicles, he saw no reasons why this should not be developed as residential. He felt the only way heavy traffic could be kept out of the existing residential area. would be to blockade the steeet. Mayor Gourley asked' for `comments from the audience. 'Someone asked the size of the lots and where the water table was in that area. The lots are from 21 to 3 acres and Mayor Gourley reminded the people that all Lots must have perc tests and the installation of theseptic sustems must conform to WPC -40 which has been adopted by this City. Council Meeting June 23, 1980 Page 3 Mr. Jaworski moved to approve the preliminary plat of Sunset Oaks 11. Mayor Gourley added -1) the City has adopted the WPC -40 and they must conform; 2) minimum elevations for the area to be set by the Engineer to avoid wet basements; 3) Department of Trnsportation review before the final approval. Mr. Jaworski accepted the amendments. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Jaworski moved to close the public hearing. Seconded by Mrs. Elsen- peter. Motion carried unanimously. 8:30 P.M. The Liquor Licenses were to be considered. The Clerk asked to delay this - she would like to talk with +he Attorney before these are presented. Mayor Gourley agreed and called a 10 minute recess at this point in time. Mr. Locher went through these one at a time: Cigarette License - 7509 Lake Drive - Skip Inn - 6 months - Mayor Gourley questioned the pro- rating of the fee. Mr. Locher read the ordinance and this is allowed. Mr. Jaworski moved to approve this license. Seconded by Mr. Kulasewicz. Motion carried unanimously. Lee's of Lino bonds are in order, the insurance has the'10 day written notice' is included. Mr. Kulaszewicz moved to approve. Seconded by Mr. Jaworski. Ross' Corner Stroe - all in order - Mrs. Elsenpeter moved to approve. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The license for the Circle -Lex VFW - insurance runs to the end of the year. Mr. Locher suggested that all insurance should run for the same period as the license. This license application is in order. Mr. Kulaszewicz moved to approve. Seconded by Mr. Jaworski. Motion carried unanimously. 49 Club - Nathe .Bros. - all is in order Mr. Jaworski moved to approve. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Tom Thumb - off sale 3/2% beer -in order - Mr. Jaworski moved to approve. Seconded by Mr. Kulasewicz. Motion carried unanimously. , Upon discussing the application from the Woodshed, Mr. Jaworski said befor this license is approved, there must be proof of the living quarters being completed. Mr. Kulasewicz moved to table this until the June 30, 1980 meeting. Seconded by Mr. Jaworski. Motion carried unanimously. The public hearing for Scheunemann Corners was called to order at 9;50 P.M. Mr. Schumacher presented the affadvit of publication for this plat. He re- minded the Council this plat has been revised since the start of this pro- cedure. Mr. Scheunemann started with 4 large lots. The Council had requested this be shown how it could be split into smaller Tots in the event utilities are put in this area. Mr. Scheunemann had done this. The matter of ttie Park dedication was discussed. Mr. Schumacher said this would be money in lieu of land in the amount of $900.00. The Engineer's report had no objections to this plat. The only question the Planner had presented was that corner lots should have 100 foot frontage. But, as Mr. Schumacher pointed out this Ordinance will probably not be in effect by the time this land is de- veloped to that point. 1 1 1 1 1 Council Meeting June 23, 1980 Page 4 12 Mayor Gourley asked for comments from the audience,and the only comment was as to when sewer would be coming Into that area and this question cannot be answered. The general consensus of the Council was the developer had done what had been requested by this Council and they had no objections to the layout. There was discussion on the designation of the land that has been shown as a future street. Should this be 'street easement' of 'drainage easement'? And also the location of this easement - whether the lots will have the required lands. Mr. Schumacher suggested this easement be included in the plat to el- iminate future problems if and when a street is desirable in that location. Mr. Kulasewicz moved to approve this preliminary plat. Mayor Gourley added, $900.00 for park - Engineer to set, minimum elevations for basement floors, developer must comply with WPC -40 and the road easement be filed as indicated on the preliminary plat. Mr. Kulasewicz accepted the amend- ments. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Jaworski moved to;close the hearing at 9:15 P.M. Seconded by Mr. Kulasewicz. Motion carried unanimously, Mr. Locher's report was next. He reported that he has not had any further communications on the ponding areas in Sunset Oaks. Mr. Locher need corrected deeds. Mr. Locher presented his interpretation of 6.06 in Ord. #56. In his opinion R5 is a lesser use than an aprartment therefore no rezoning is necessary. This information is to be forwarded to the Planning and Zoning Board. The Planning and Zoning Report was considered. Mr. Meadows was first on the report and he had not arrived as yet. Mayor Gourley suggested that Item #12. This is consideration of an Ordinance regulating the issuance of licenses and setting penalties. Mayor Gourley asked the Clerk to read the Ordinance. Sec. 4, Sub. 3; Annual license ;fee -- Mr. Jaworski said if fee is set, then ordinance must be changed each time fee is adjusted. Mr, Locher agreed. Mayor Gourley presented some figures he had compiled. There should be two fees - -one who has an annual license and one for occasional bingo. Mayor Gourley suggested this sentence should read 'the Annual fee shall be as set from time to time by Resolution by Council'. Mr. Locher suggested sub 2, sec.1. change 'a' to'any' there were sever al type errors that were corrected, but Mr. Locher agreed with the contents of the Ordinance, Mrs. Elsenpeter asked why it is necessary to pass this Ordinance and Mayor Gourley said it is necessaryto comply with State Statutes. Mayor Gourley aslo pointed out the exceptions to this ordinance. 6 Council Meeting June 23, 1980 Page 5 Mr. Locher pointed out that it is not necessary to hold a public hearing on this ordinance. Mr. Hansen questioned the need to keep records and Mayor Gourley said that section is almost word for word from the State Statute. Mr. Hansen was con- cerned for the Parent's Club. Mayor Gourley checked and found no waiver for this. Mrs. Elsenpeter questioned the right of this Council to make thisOrdinance less restrictive in the area of keeping records for the small operations. Mr. Locher went to get the State Statute on this matter and will do some re- search. In the meantime, Mayor Gourley called the Public Hearing for the Lino industrial Park to order at 9 :55 P.M. Mr. Schumacher noted the actions taken to this date. The Planning and Zoning Board had recommended approval of this rezoning. Mayor Gourley asked for comments from the Council. Mr. Jaworski asked what to keep the developer from developing stages 1 and 2 and leaving 3? The Council felt there is no way this can be controlled - even if the entire parcel is re- zoned at this time. It was felt the market would dicate the development of this area. Mayor Gourley asked if the set back lines are noted and they are, Mayor Gourley asked if this is 100' from center line of the street? The set back lines are noted on the plat but it was not clear if this was the required 1001 There was no comment from the audience on this rezoning. Mrs. Elsenpeter moved to approve the rezoning of the eight lots facing Lilac in the Lino Industrial Park from Agricultural to Light Industrial, with the set back line on these lots to be 100' from the Center of the street. Seconded by Mr, Jaworski. Motion carried unanimously. Mr. Jaworski moved to close the hearing at 10:10 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Locher reported on the State Statute on the Bingo Ordinance. In his opinion the record keeping .. requirements of this Ordinance may not be waived. Mr. Locher made several corrections and noted some typing errors. Mr. Jaworski moved to adopt Ordinance No. 75 with the corrections made by the Attorney, Seconded by Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. The Planning and Zoning Board Report: MR. Schumacher presented Mr. George Meadow's request for a driveway of over 300' feet. After some discussion on this location and the reasons for the long drive- way, Mr. Jaworski moved to approve this variance with the stipulation that the maintenance of the driveway is the responsibility of the owner and must be main - talined at all times for the passage of emergency vehicles. Seconded by Mr. Kulaseewicz. Motion carried unanimously. 1 1 1 Council Meeting June 23, 1980 Page 6 Mr. Roger Kolstad had applied for a variance to Ordinance No. 56L in the area of allowing construction of hangers in Lino Air Park. Mr. Kolstad was asking for a variance for the entire plat. Mr. Schumacher presented the actions of the Planning and Zoning Board and the stipulations placed on the construction of these buildings. These stipulations were: The building in the Air Park not to exceed 3200 square feet be in Earth tone colored metal conform to the State Bui ding Code classification B3- There was discussion on the covenants placed on the plat by the developer. Mr. Kolstad showed the Council pictures of an Air Park of this same type located South of the Cities. Mayor Gourley asked Mr. Locher if a variance could be issued for this entire plat? Mr. Locher said, Yes. There was a question on the height and Mr. Kolstad felt this was not a problem. 1.2+ Mr. Kulaszewicz moved to approve this variance to include the stipulations as set forth by the Planning and Zoning Board. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The Special use permit request,of Forest Tagg was considered. Mr. Tagg is asking for a permit to construct a 5000 sq, ft, storage building in connection with his sand blasting business. Mr. Schumacher presented the actions of the Planning and Zoning Board. The Planning and Zoning Board had recommended approval of this permit. Mayor Gourley felt the drainage of this area should be addressed. He felt this proposed construction should be reviewed by the RCWB. Mr. Jaworski moved to approve thisrequest with the stipulation that this be constructed according to the provisions for drainage set forth by the Rice Creed Watershed Board. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item to be considered was the Shenandoah 11. The matter before the Council tonight is set a public hearing on this matter. Mr. Jaworski moved to set a public hearing for this plat for July 28, 1980. at 7:45 P.M. Seconded by Mrs. Elsenpeter. Motion carried unanimously. The next item to be considered is for a special use permit for Mr. Hill of 790 main to sell crafts at that location. The planning and Zoning Board had re- viewed this application and recommended approval. Mrs. Hill explained this would be selling crafts out of her home with the poss- ibility of having some classes. Mayor Gourley asked how many students she would have and Mrs. Hill said no more than six. Mayor Gourley felt this fell under the home occupation section as long as she had only three students. Mrs. Hill indicated that she would have ix students. Mayor Gorley felt that if she had only three on any one night, then a special use permit is not required, provided no more that three off street parking spaces are needed. The consensus of the Council was that no special sue permt is needed and Mrs. Hill's fee of $25.00 is to be returned. Mr. Arthur Piesert of 1603 Ash Street, had applied for a special use permit to sell used cars at that location. There would be no more than Council Meeting June 23, 1980 three cars there at any one time. This is located within a residential one. Mr. Schumacher recommended this application be denied for that reason. The Planning and Zoning felt this is a co'mmercial'use and did not comply with the'residential zoning of the area. The Council questioned Mr. Peisert on the requirement of being licensed by the State. Mr. Peisert said he had contacted the State and he was told to'clear this matter with the local' government first.' Mr. Peisert presented his arguments for this being allowed. He said he would be purchasing leased cars that have be reconditioned. He and his wife will be using these cars for their personal use and be made available for sale. Mayor Gourley noted that this use is not permitted in a residential zone. This should be considered as a rezoning and not as a special use permit. This would constitute spot zoning, and this has not been the practice. Mayor Gourley also pointed out that as long as no more than three off street parking spots is required this would fall u -der the home occupation portion of the ordinance. Mrs. Elsenpeter felt that as long as there is only three cars located at this address; he would not need a'special use permit. She felt that he would still 'need some form of approval from this Councol to present to the State for the purpose of obtaining a license. Mrs. Elsenpeter moved to refund the fee of $25.00 to Mr. Peisert and that Mr. Peisert be provided with ,a copy of these minutes to present to the State in conjunction with his license application. 'Seconded by Mr. Kulaszewicz. Motion carried unanimously. The Sepcial use permit for the First State Bank of Hugo was considered. Mr. Schumacher presented the requirements for this special use permit. This was reviewed by the Planning and Zoning Board and they had recommended approval. There was some recommendations from the County Highway Depart - ,ent and the Bank has complied with these requests. Mr. Short had reviewed this Bank layout and Mr. Schumacher presented his recommendations and suggestions. The parking is adequater - the exit land was discussed. Mr. Short'had recommended this be r'e'duced - there was also discussion of the radius of the exits - the set backs on James Street need to be increased to 15 feet. After some discussion, Mayor Gourley moved to grant the Special Use permit for the First State Bank of Hugo, with the stipulations that the CWB be contacted, that the County Highway Department letter be complied with, the Council review the landscaping and that WPC -40 be complied with. Seconded by Mr. Kulaszewicz. No one from the audience had bay comments. Motion carried unanimously. Mr. Emly was on the agenda, but will not be present. The C lerk had not notified the surrounding land owners of his special use permt application. Mayor Gourley had informed Mr. Smeed that he would be on this portion of the agenda. This matter was discussed at this time. 129 Council Meeting June 23, 1980 Mr. Jaworski moved to table Mr. Emly's request. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Smeed presented the Council with signed leases for additional lands for the containment of the horses he wants to bring in. Mr. Locher will check these for conformance. Mr. Smeed said this gives him five acres and he would not construct a shelter until he has his permit, he has plans for waste disposal, he has a pond on his property - felt there would not be a drainage problem - is sandy soil - has signatures of all the neighbors with teh exception of one. Mr. Kulaszewicz pointed out the fact that the fence would have to be moved. Mr. Smeed said he is aware of this. Mrs. Elsenpeter questioned Mr. Smeed on the possibility of these leases not being renewed at the end of one year. Mr. Smeed said he understood this is only for one year and he hopes to purchase property before that time. Mayor Gourley said Mr. Locher had reported that the leases are legal. These leases give Mr. Smeed 5.5 acres of land. Mayor Gourley felt the drainage would be the major concern, and some documentation of waste removal plans. Also, the number of animals to be kept - Mr. Smeed said, 2. Mr. Jaworski asked where he planned to ride tha animals? and Mr. Smeed said there are several areas nearby - the exercise ring behind his house and the saddle club on Birch Street. Mr. Kulaszewicz felt this matter should be checked by the building inspector expecially in the area of waste removal and report back to the Council. Mrs. Elsenpeter felt that some wording to the effect that if these leases are cancelled or broken,this special use permit is void. Mayor Gourley asked for comment from the audience and Debbie Biedleman said they do not plan on selling and do not plan on cancelling the lease. Mr. Jaworski told Mr. Smeed that ordinarily he would not object to this permit but because of the lacation and the traffic on Ware Road, he ob- jected to these animals in that location. Mayor Gourley moved to grant this special use permit subject to waste removal plans being submitted, shelter be provided for the animals, sub- ject to an annual renewal to coincide with the dates on the permit and the Building Inspector determine there is no danger to welands. The motion died for lack of a second. Mr. Elsenpeter moved to deny the application. This motion died for lack of a second. Mr. Jaworski moved to have the Building Inspector check this operation and report back to the Council on the June 30, 1980 meeting. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item on the agenda was consideration of the May financial report. Mr. Jaworksi moved to table this matter until the June 30, 1980 meeting. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item was consideration of local improvements on Lantern Lane. 130 Council Meeting June 23, 1980 Mrs. Elsenpeter moved to accept this petition and forward to the Engineer for a feasibility study. Seconded by Mr. Jaworski. Motion carried unanimously. The petition for a street light on 64th and 22nd avenue South was considered. This is in the long range plans for installation. Mr. Jaworski moved to approve the installation of this street light. Seconded by Mr. Kulaszewicz. Motion carried unanimously. The next item was discussion of projected overtime in the Police Depart- ment. Chief Myhre explained this is due to one officer having to have surgery done on his foot and being absent for approximately 6 to 8 weeks. He also explained how this will affect his budget. There was discussion on the problmes in coverage this could create. There was discussion on the additional costs that are incurred when additional personnel is added. This is for Council iformation only. The next item was the 1980 water and sewer study. Mr. Schumacher pre- sented Mr. Gary Grouen from Anfinson Hendrickson, who worked with him on preparing this study. Mr. Grouen presented his finding s in this area and the deficit this department is operating under at the present time. The Council accepted this information. Mayor Gourley suggested the Council spend the week writing the Resolution on this matter and have for the June 30, 1980 special meeting. Mayor Gourley asked Mr. Schumacher to prepare this Resolution. There was no discussion under old Business. Under new business the letter from the Public Service Commission had been copied and distributed to the Council in response to the City's letter on rate increases. A letter from the Interantional Institute of Clerks noting that Mrs. Sarner had qualified for certification. Mayor Gourley had also received a letter of commendation for the Police Department. This is to be put in their file. Mr. Jaworski asked about an item in his packet and Mr. Schumacher said this will be discussed on the 30th. Mayor Gourley noted that Mr. Smeed had left the orginals of his lease agreements. The Clerk was asked to make copies and mail these back to Mr. Smeed by Certified Mail. 1 1 Mrs. Elsenpeter moved to adjourn. Seconded by Mr. Jawroski. Aye. 12:45 A.M. These minutes were considered, corrected and approved at a regular Council meeting held on July 14, 1980. Edna L. Sarner, Clerk- Treasurer