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HomeMy WebLinkAbout06/30/1980 Council MinutesSpecial Council Meeting June 30, 1980 131 I The Special meeting of the Lino Lakes City Council was called to order at 7:30 P.M? on June 30, 1980 with all members present. Mr. Schumacher was also present. The first item on the agenda was consideration of a special use permit application by Mr. Robert Smeed for the keeping of horses on his land on Ware Road. Mr. Smeed owns 2.6 acres and has leased land from two different property owners to give him a total acreage of 5.5 acres. Me. Schumacher presented the report from Mr. Kluegel. 1) the fence will be moved to conform to ordinance - this has been done; 2) the waste will be given to friend; 3) the pond did not have any odor and the septic is over 40' from the pond and the septic system was pumped as maintenance; 4) no problme with teh drainage; 5) construct a wooden shelter under the 1000 square foot size. A letter has been received from Mr. Arnold Kelling. The Clerk was asked to read this letter. Mr. Al Ross had also requested to sepal, He read a prepared statement objecting to this land use. Mayor Gourley asked for comments from the Audience. A gentleman from the audience wanted to discuss this with Mr. Ross. (Mr. Witham) Mayor Gourley asked that the remarks be addressed to the Counci. Mrs. Terry Smith felt there is room for both persons who wanted animals and those who do not. Mr. Suchy asked about his application and Mayor Gourley said he would discuss this with him at the Council recess. Mr. McGrath said he felt that Mr. Smeed had conformed to the Ordinance requirements. Mrs. Elsenpeter said she had several concerns - she pointed out the Ordinance says that a person 'may' be issued a permit - it does not say 'shall'. She felt this is a residential area and that the homes are too clsoe to have horses. She was also concerned about the leases not being renewed and Mr. Smeed would have a lot of money invested in animals, fences, shelter and she could forsee his asking to vary the five acres. Mrs. Elsenpeter felt the parcel containing the five acres should be in one parcel and controlled by the person requesting the special use permit. not in several parcels of alnd subject to other decisions. Mr. Smeed said the building and fence could be taken down and the horses removed. He is well aware of the possibility this permit could be re- voked in one year. Mr. Kulaszewicz agreed with Mrs. Elsenpeter. He was also concerned about the use of the shoulders of the road for riding - the ditches along there are pretty deep. Mr. Smeed said he is not planning on using the road. Mr. Kulaszewicz asked about the pond and Mr. Smeed said when he had this dug it was for a decorative purpose but it didn't turn out the way he and planned. Mr. Smeed said ti was no big deal, he may have it filled. Special Council Meeting June 30, 1980 Mrs. Tufts asked about the person who stables the horses on Ware Roadn and County Road J, how did he get a permit? Mr. Kulaszewicz said there is no permit. Mrs. Tufts said these are horsee that are boarded at that location This matter is being checked in to. Mayor Gourley asked that the subject being discussed stay with Mr. Smeed's request. Mr. Kulaszewicz pointed out that this area is an area where water and sewer could be coming in soon. Mayor Gourley felt that Mr. Smeed has gone out of his way to comply with all this requests of the Council. Mr. Smeed said no one that he talked to on his stree had any reservations about his having horses on the lots. Mr. MCLean asked about the leases - these are for one year only. Mr. McLean felt that the only way a special use permit could be issued in this matter would be to issue the permit to the person and not to the land. This would be necessary because of the leased lands not being under the control of the person who is askeng for the special use permit. Mrs. Elsenpeter moved to deny this permit for the reasons of too densely populated and could fall under the nuisance portion of the ordinance. Seconded by Mr. Kulaszewicz. On a roll call vote, Mr. Kulaszewicz, No; Mr. Jaworski, Aye; Mr. McLean, Aye; Mrs. Elsenpeter, Aye; Mayor Gourley, No. Mr. Kulaszewicz asked to have the motion reconsidered. Mr. Jaworski so moved. Seconded by Mr. McLean. Motion carried unanimously. Mayor Gourley called the roll for the vote. Mr. Kulaszewicz, Aye; Mr. Jaworski, Aye; Mr. McLean, Aye; Mrs. Elsenpeter, Aye; Mayor Gourley, No. The motion carried. The next item on the agenda was a public hearing for Mardon Acres re- zoning. There was no one here representing this company. There was also a rezoning hearing scheduled for Rite Way Waterproofing but there was no representative her for that company. Mr. Gearman was persent to present his building plans for a storage building on Hodgson Road next to the Bus barns. Mr. Schumacher presented two items for Council consideration. This is a B2 classification building, plans must be signed by a registered architect. These plans must be submitted to RCWB and their specifications must be followed. This has not been done at this date. There is also a need for three more parking spaces. The driveway access was discussed - Mr. Gearman said he and filled out the application and has had no re- sponse to date from the State. There was discussion of the off street loading area and the required footage necessary for this area. Mr. Gearman said there will only be straight trucks going in and out, not semis. There was fiscussion of the layout of the land and the building. Mr. Gearman was instructed to get a set of drainage plans and submit to the RCWB - as soon as this is done, then the Council can proceed with these plans. Maour Gourley felt that it looked good. 1 Council Meeting June 30, 1980 The next item on the agenda was the public hearing for Riteway Water - proofing. This was called to order. Mr. McLean moved to notify the developer by registered mail to appear at the July 14, 1980 meeting at 7:45 P.M. and failure to appear at this rezoning, the request will be withdrawn. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Jaworski moved to continue this hearing unitl 7:45 P.M., July 14, 1980. Seconded by MR. McLean.. Motion carried unanimously. The Public Hearing for MarDon Acres rezoning was called to order. Mr. Jaworski moved to follow the same procedure as for Riteway. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. McLean moved to continue this hearing until 8:15 P.M., July 14, 1980. Seconded by Mr. Jaworski. Motion carried unanimously. The next item to be considered was the renewal of the temporary on -sale liquor license issued to the Woodshed. All applications and insurance and bonds were in order at the June 23, 1980 Council meeting. The matter of residency was the only matter to be fulfilled. Mr. Schlosser has moved into an apartment at 1160 Main STreet, Apartment D. These licenses are for On -Sale, Sunday, Cabaret and Cigarette. Mr. McLean moved to approve these for 1980/81. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Schumacher presented the financial report for the month of May. There were several items that were discussed and Mr. Schumacher explained the reasons why some of the figures look out of line. Mr. Schumahcer felt these figures should be more in line with the budget in the next couple of months. There was also some disucssion on the State Aid for torad that will be tied into the census. The Public Hearing on Ordinance #56M was called to order. Mr. Schumacher was asked to read the affidavit of publication. The Clerk was asked to get this. Mayor Gourley read the Ordinance amendment which amends Ord. #56 and allows this Ordinance to comform to Ordinance #73. Mayor Gourley asked of there was any comments from the audience. Mr. Nadeau asked of there were copies for the audience and Mayor Gourley said he did not have extra copies at theis meeting. The Clerk reported that she had not received the affidavit of publication. Mr. McLean moved to continue this hearing until July 14, 1980 at 9:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. Carley presented his revised study on the water system. This was generally discussed by the Council. The areas that are to be included ans some areas that were suggested for exclusion. The suggested locations for the well and the overhead tank, the size of the tank and some estimated costs. The many aspectes of this proposed system was discussed. Mayor Gourley suggested the Council study this proposal and have comments ready for a later date. Mr. MCLean moved to table this until July 28, 1980. 134 June 30, 1980 Seconded by Mr. Kulaszewicz. Motion carried unanimously. The sewer and water rates were considered. The recommendations from the Auditor was on water; 7.50 user charge plut 1.00 per thousand gallons used; sewer - $25.00 per quarter. After some disucssion, Mr. Jaworski moved to adopt these rates. Seconded by Mr. Kulaszewicz. Mr. McLean amended this to include notification with this quarter's billing. The amendment was accepted. Motion carried unanimosuly. Mr. Jaworski moved to send a letter to Metropolitan Council onjecting to the change of the name of the Lino Lakes Chain of Lakes Park. Seconded by Mr. McLean. Mrs. Elsenpeter asked that a copy be sent to David Torkildson and Robert Burman. Motion carried unanimosuly. Mr. Jaworski moved to adjourn. Seconded by Mr. McLean. Aye. 11:00 P.M. These minutes were considered, corrected and approved at a regular Council meeing held on July 14, 1980. Edna L. Sarner, Clerk- Treasurer RESOLUTION AUTHORIZINT THE CITY CLERK TO INCREASE SEWER AND WATER RATES EFFECTIVE JULY 1, 1980: WHEREAS, The Lino Lakes General Fund largely aubsidezed the Sewer and Water Department in its maintenance and operation on an annual basis, and WHEREAS, it is the desires of the Lino Lakes City Council for such sewer and water operation to be self sufficient and not draw upon the General Fund ofr maintenance and operating costs, and WHEREAS, the existing sewer and water system has reached a point where there is a need to establish a Capital Improvement Fund, now therefore, be it resolved that, effective July 1, 1980 the sewer rates will be increased from a flat fee of $15.00 per quarter to $25.00 per quarter, and effective July 1, 1980 the water rates will be increased from $0.77/1,000 gallons use to $1.00/1,000 gallons used and a users fee of $7.50 /quarter shall be implemented. July 14,1980 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M. on July 14, 1980 by Mayor Gourley. All members present with the exception of Mr. MCLean. Mr. Locher and Mr. Schumacher were also present. The minutes of June 23, 1980 were approved with corrections. Mr. jaworski