HomeMy WebLinkAbout07/14/1980 Council Minutes134
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.
/k)de---"rd/e,L1
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
135
July 14, 1980
moved to approve the minutes of Jume 30, 1980 with corrections. Seconded
by Mr. Kulaszewicz. Motion carried unanimously.
Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded
by Mr. Jaworski. Motion carried unanimously.
The open mike portion of the Council was next and Mayor Gourely had re-
quested to speak under this portion to ask the Council to reconsider the
Smeed request for the keeping of horses.
Mr. Jaworski moved for reconsideration of this request. Seconded by Mrs.
Elsenpeter. Motion carried unanimously.
Mayor Gourley asked if the Council had some stipulations that oculd be
discussed on order to allow this reqeust.
Mr. Jaworski outlined the stipulations to the special use permit. 1) the
special use permit will be issued to Mr. Smeed and not to the property -
this would insure that if the property is sold, the use ceases - it is
non - transferable specual use permit; 2) the acreage will be computed
exclusive of all easements; 3) the land must be contiguous to the applicant'
land; 4) a total of two horses will be allowed per five areas; 5) the
owner of the horses must have direct access to the property and be entirely
fenced so as to insure complete control of the property; 6) adequate stable
facilities must be constructed with thirty days and will require a permit;
7) manure and other waste material will be removed weekly; 8) the existing
pond must be filled and landscaped. Least to coincide with special use
permit.
Mr. Smeed objected to fencing the property - he saw no reason why this
should be done. Mr. Jaworski reminded Mr. Smeed that this Council may
impose any stipulations on this special use permit that the Councils feels
necessary, no matter how unnecessary it may appear to the owner.
Mr. Elsenpeter reminded Mr. Smeed that this permit is issued annually
from June 30th through June 30th.
Mr. Schumacher reminded the Council that if they decide to issue the
special use permit with the above stipulations, then it is Mr. Smeed's
decision as to whether he complies with the requirements.
Mr. Jaworski moved to approve this special use permit with the above
listed stipulations. Seconded by Mrs. Elsenpeter. Motion carried
unanimously.
Mr. Jaworski moved to set a moratorium on all special use permit requests
for the keeping of horses until the Council received a report from the
TAsk Force that has been apoointed. This would apply from this date
forward. Seconded by Mrs. Elsenpeter. Motion carried unanimously.
Mrs. Perez had requested to speak under this portion of the opem mike.
She presented her objections to Ord. #73, Sec. 3. She asked for a re-
consideration of this section and presented a petition with signatures
to this effect.
Mr. Sulander had requested to appear to request an extension of the time
allowed for him to remove the storeage of used building materials on lands
July 14, 1980
located on Lake Drive. He said that he has not had time to dispose of
this material.
Mr. Kuaszewicz felt this had been discussed at the time the special use
permit application was denied. The time limit imposed for the removal
of this material ends on July 29, 1980.
It was suggested that Mr. Sulander return on the 28th meeting. In the
meantime, Mr. Kluegel will inspect as to the progress on the removal
of this material.
Mr. Sulander indicated that he will be out of town on that date - he
asked if the decision could be made without him bing present and the
general consesnus of the Council was this could be done. The effort made
to remove this material will be taken into consideration.
Mrs. Paul Saplata appeared before the Council to discuss her truck that
was sotlen about six weeks ago and was pulled out of Hansen's gravel pit.
If she wants the truck back, it will cost her $147.00. She asked the
Council if there was any way the Council could get this pit filled in -
she understands that it is about 90 feet deep. There were several other
vehicles pulled out at the same time.
The Council discussed this and concluded that Mr. Herbst should appear
before this Council to look at some alternatives to this situation. Mr.
Schumacher was requested to contact Mr. Herbst and ask him to appear at
the July 28, 1980 Council meeting.
Mr. Jerry Bolin was next under this portion of the agenda. Mr. Bolin
had some critical remarks as to the actions of the Council.
Mayor Gourley called the Public Hearing for the Riteway Water Proofing
rezoning to order at 8:20 P.M. Mr. Schumacher read a letter from Juran
and Moody stating that Riteway Water Proofing had withdrawn their request
for the issuance of the Revenue Bonds for an indefinite period. It
stated that no action is needed by this Council.
Mr. Jaworski moved to close the Public Hearing on Riteway Water Proofing
rezoning request. Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mayor Gourley reminded the people that there is a committee to study the
problem of keeping animals and tehy meet each Wednesday evening at 6:00
P.M. in the City Council Chambers. These are open meetings and any one
may attend.
A recess was called at this point in time. The meeting was reconvened
and the next item on the agenda was the review of all special use permits
and rezonings.
Mayor Gourley asked for testimony from the Audience. Mr. Kubicheck in-
dicated that he wished his lands to remain zoned. MR. Randy Rehbien, of
Birch Street indicated that he wished his lands to remain zoned as
commercial property.
The lists were consulted. Under the rezoning the following rezonings
will be voided; George Tauer, Co. Rd. J; Aqua Floats, Aqua Lane; George
Smith, Birch Street. Mr. Jaworski moved to repeal these zonings and re-
turn the lands to residential. Seconded by Mrs. Elsenpeter. Motion carried
unanimously.
July 14, 1980
13.;
The list of rezonings being used for the purpose of which they had been
rezoned was checked. Mayor Gourley suggesed these lands and zonings be
incorporated into the zoning map that will be prepared in conjunction
with the updating of the Comprehensive Land Use Plan. These include;
Sweeney - Trailer Court on Hodgson Road; Ratfield - Seaplane base on Rice
Lake; C. Rehbein - Bus barns on Hodgson Road; Skelly - service station
on Lake Rrive &I35W; Acton - Construction Company on 22nd Street; K.
Rehbein - Stables and Arena on Pine Street; Molin - Concrete plant on
Lilac; K. Apitz - garage on Birch Street; F. Tagg - LI at Lake Drive
& I35W; C. Nelson Commercial to Residential in Pine VistAl G. Mobley -
General Business, 22nd Street; E. Rehbein - Storage Building, Lake Dr;
Spetzman - garage, Lake Drive North of Main Street; Schultz VFW
Building; Carpenter - LI, Lake Drive North of Main Street; Tschida -
Land and Oaks; Bruner - R -2, Vicky Lane. Mr. Kulaszewicz so moved.
Seconded by Mr. Jaworski. Motion carried unanimously.
Under Special Use Permits in use, the one issued to Sparkle Wash may
be voided since that is now included in the Skyline special use permit.
Under the special use permits nit in use, the following special use
permits were considered for cancellation; George Tauer, County Road J;
Alexander Construction - Hansen' Gravel Pit; Johnson /Alcock - wrecking
yard; Michaud - seaplane base; Krech - riding stable; Stromberg - drive-
way; AT &T Tower; Smith - riding stable; Dobryanow - riding stable; WCCO
Tower; Jerdee - engine repair; Youngbauer - beauty shop; Robinson - sell
snowmobiles; North Northeast - storage building; Eggenberger /Johnson -
Boutique; Kelly - beauth Shop; Maision - keeping horse; El Rehbein -
garage used as showroom; Frick - small appliance repair; Fegely -
Craft Shop; Brokke - private drive to commercial lands; Burque - top
soil removal; Paulsrud – sheet metal shop; Johnson storage of car;
Clinkenbeard - Taxi; Kohler - keeping of horse. Mrs. Elsenpeter moved
to cancel all special use permits as listed. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
The Special Use Permits to be either checked or discussed are; 1) Forest
Tagg, Apartment building; 2) Miller Cabinet Shop; 3) Alfred Stafki -
upholstery shop; 4) Vi Schwankl - Mobile Home. The Clerk is to notify
the above listed persons to appear at the July 28, 1980 Council meeting
to discuss the status of these special use permits.
Mr. Lluegel is to check Mr. Stafki and Mr. Al LaMotte for use of their
special use permits. The Clerk is to notify Mr. Wahlberg on the R -2
zoning - does he want to keep this zoning?
The following special use permits were considered for renewal for
another year; 1) W. Morrision - Kennel; Mr. Klugman - Saddle Club; K.
Rehbein - Arena & Stables; Molin - Concrete Plant; Mrs. Grundhofer -
Beauty Shop; D. Cunningham - Stables; R. Nagy - Bicycle Repair; D.
Nelson - Horse; F. Tagg - Sandblasting; Tverberg - Chickens; M. Johnson -
CB Antenna; McDonald Ind. - Tower; J. Lowell Bicycle Repair; T. Smith -
Auto Repair; Cary - Saw Sharpening; LeRoy Houle - Storage building;
J. Landers - Auto repair & Parking; W. Solheid business address; T.
King - Stables; F. Linnell - bees; R. Reinertson - Showing tile; R.
Litchscheidl = small engine repair; E. Schwankl - 3 stall garage;
Forjay - greenhouses; K. Wegleitner Kennel; Skyline - Autobody & Parts;
D. Ran.de - equipment storage; M. Kenny — Florist; J. Christianson -
Kennel. Mr. Kulaszewicz moved to renew the above listed special use
permits. Seconded by Mr. Jaworski. Motion carried unanimously.
L38
July 14, 1980
Under the rezoning not being used the following listed rezonings had been
requested to remain as zoned; Randy Rehbein; Gary Rehnein; Marlin Rygh;
W & G Rehbein; DX Sunray; Outlot J; Forest Tagg; Richard Walbon; Clement
Schmitz; Reed Rite. These are to be looked at and considered for in-
corporation into the comprehensive land use plan.
The special use permit issued to Mr. Peter Scherer for stripping furniture
and to El Rehbein & Son for Outlots H & K were considered for renewal. Mr.
Jaworski moved to continue these permits for another year. Seconded by
Mr. Kulaszewicz. Motion carried unanimously.
Mrs. Elsenpeter moved to continue this hearing to the July 28, 1980
meeting. Seconded by MR. Kulaszewicz. Motion carried uannimously. This
hearing will be at 8:30 P.M.
Mayor Gourley called the public hearing on the rezoning request of Marlin
Tramm for the R -2 zoning in MarDon Acres to order.
It was suggested that these lots should be dispersed through out the plat
rather than in a row. The Council has suggested that perhaps the lots
adjacent to the power line easement would be more suitable for this type
of construction. Lots 2 & 3, Block 4; Lots 12 & 13, Block 3; Lots 2 & 3,
Block 2; - this si a total of seven lots. Mr. Tramm was agreeable to these
lots. He was told that R -1 is allowed on these lots, however, if he wishes
to put R -2 on another lot, it will need to be rezoned. There was no comment
from the audience.
Mr. Jaworski moved to rezone the above listed lots from R -1 to R -2.
Seconded by Mr. Kulaszewicz. Motion carried unanimously.
Mr. Jaworski moved to close the hearing. Seconded by Mr. Kulaszewicz.
Motion carried unanimously. 9:35 P.M.
The status of the publication of Ordinance 56M was discussed. The Clerk
explained that this had been left out of the paper due to a mixup in in-
structions. This will have to be continued until the July 28, 1980 meeting.
Mr. Jaworski moved to continue this until July 28, 1980 at 9:00 P.M.
Seconded by Mr. Kulaszewicz. Motion carried unanimously.
A recess was called at this point in time.
The meeting was continued and Mr. Suchy's special use permit application
was considered. Mr. Schumacher read the application setting forth the
number of animals to be kept on this land.
Mr. Suchy presented a petition from neighbors agreeing to this use and a
second petition had been presented objecting to the keeping of these animals.
Several persons from the audience testified as to the area being will kept.
Mr. Peter Nadeau listed his objections to the keeping of animals at this
location.
Mr. Suchy presented his reasons for the keeping of these animals, and
also noted his facilities for the animals.
Mrs. Elsenpeter moved to approve subject to the inspection of the adjacent
wet lands and that the animals be limited to 150 fryers, 20 geese, 10 ducks,
75 laying hens, 4 head of cattle, 50 to 100 rabbits, with all swine to be
July 14, 1980
13t
removed. Mr. Suchy to be recui.red to dispose of the waste and adequate
fencing to contain the animals on his property. Seconded by Mr. Jaworski.
Mr. Nadeau asked what disposal of the waste consists of - either tilling
under or hauling away. Mr. Nadeau asked that teh Health Department be
called in. Mrs. Elsenpeter asked if the rabbits were in pens and Mr. Suchy
said, Yes. Waste to be removed weekly. Mrs. Elsenpeter amended the motion
to ask for a recommendation from the Anoka County Health Department. Some-
one suggested the PCA. Mrs. Elsenpter agreed. Mr. Jaworski asked if this
coulc be on a nine month trial period - Mrs. Elsenpeter rejected this
amendment, noting that this would come up for review in twelve months in
any case.
Motion carried unanimously.
A recess was called. The meeting continued and Mr. Marvin Emly's special
use permit was considered. Mr. Schumacher noted that all property owners
had been notified and there had been no response. Mr. Emly operates a
repair shop at his residence. He has an existing building to be used for
this purpose and he is proposing a stockade fence basically to keep the
people out of his yard.
Mayor Gourley asked for comment from the audience and there was none.
Mayor Gourley stated that his major concern was that the street is not
constructed to handle the type of traffic this operation will generate.
If the streets are destroyed, then repair must come from general funds.
Mrs. Elsenpeter moved to approve this special use permit, with an annual
review. Seconded by Mr. Kulaszewicz. Mr. Jaworski was concerned with
residents operating businesses that do not conform to the zoning of the
area. He felt the Council is not being consistent in their dealings with
these special use permits.
Mrs. Elsenpeter felt that Mr. EMly in having 20 acres of land has the
needed buffer to forestall any problems with neighbors.
Mrs. Elsenpeter amended he motion to include 'that no more than three
pieces of equipment be at this location at any one time.' Mr. Kulaszewicz
accepted the amendment. Motion carried unanimously.
The final plat of Arbor Lake was considered. The question of the Park
land dedication was discussed. Mr. Locher said the legal description
is not correct - the deed is not proper in that it refers to Outlot A,
Arbor Lake and this cannot be done until the plat is filed. Mr. Locher
had just received the abstract this evening and he will need to do a title
search on this. Mr. Locher questioned the access strip to the park land
being changed from 40' to 60' feet. The general consensus was that this
was changed to give correct frontage on the lots on the North end of the 0
palt.
Mr. Jaworski moved to approve the final plat of Arbor Lakes contingent
upon the title search and a correct deed to the park lands, with the
stipulation that building permits will not be issued until these points
are cleared. Seconded by Mrs. Elsenpeter. Motion carried unanimously.
Mr. Jaworski moved to authorize the Mayor and Clerk to sign the plat.
Seconded by Mrs. Elsenpeter. Motion carried unanimously.
The fee schedule for Bingo licenses was next on the agenda. Mrs. Elsenpeter
A r
presented the following Resolution;
July 14, 1980
WHEREAS, Ordinance No. 75 Authorized the Lino Lakes City Council to set
Bingo License fees by Resolution, and
WHEREAS, the City Council recognized that the frequency of Bingo
occasions may vary from one organization to another,
NOW THEREFORE BE IT HEREBY RESOLVED, that the Bingo License annual fee
shall be One Hundred Dollars($100.00), or Fice Dollars ($5.00) per
Bingo occasion, whichever is less.
Mrs. Elsenpeter moved to adopt the Resolution. Seconded by Mr. Kulaszewicz.
Motion carried unanimously.
Mayor Gourley presented the application for a Bingo License from St. Joseph's
Churcj. The form is completed. Mr. Jaworski moved to approve this license
and to waive the bond requirements. Seconded by Mr. Kulaszewicz. Motion
carried unanimously.
The Park Board requests were considered. Mr. Schumacher presented the actions
of the Park Board. They had requested the status of the building proposed
to be constructed at the City Hall Park. Action had been delayed until the
status of the LAWCON Grant had been determined. It would appear that there
is no chance of this City receiving a grant at this point in time.
Mrs. Liljedahl asked the Council to make a decision on the status of the
building - is to to be constructed or will the matter be tabled again?
Mrs. Elsenpeter felt there is a need for this building but she would rather
see this delayed for a while and use a part of the money to develop some
of the other parks rather than set a building here at the City Park to be
used by the people in the Northern part of the City. If some of this money
is used to develop some of the parks in the more densely populated areas, it
would be more constructive.
Mayor Gourley felt the five year capital improvement plan for the Parks
department was a good one and all thnigs are possible with the exception
of the building. He felt these things should be done and perhaps in the
future a grant for this building could be gotten, if the City can show that
the existing parks have been developed.
Mrs. Liljedahl asked about a temporary warming house for the rinks here at
the City Hall Park. This had not been budgeted for this year since the
trailer that had been sued is not allowable under State Law.
Mayor Gourley felt that the building should not be scraped but delayed for
the time and money and planning be put into the development portion of the
existing parks. He felt that a partial grant then might be possible some -
where down the line.
Mr. Schumacher said at the present time it would almost be impossible to
get a grant for the construction of this building under the current rules,
but these rules are changed almost each year, and there is the possibility
this park would qualify in the future.
Mayor Gourley also suggested the Park Board consider a General Obligation
Bond issue for the construction of this building.
Mr. Schumacher reported the Park Board had suggested the selling of LaMotte
Park. He presented the Board's reasons for this action. It is too small
14]
July 14, 1980
to really put anything on and is in the center of a development. Mayor
Gourley said he had been approached by the City of Centerville with the
suggestion that Centerville purchase some adjoining lands and combine
with this park. Mayor Gourley said he was not aware of':the progress, if
any, that had been made in this area.
Mrs. Elsenpeter asked, since this is dedicated park lands, can the Council
authorize the sale of this lands? Mayor Gourley said, Yes, it can be
sold as long as the proceeds are returned to the park fund. Mayor Gourley
felt this matter should be checked with Centerville before any decision
is made.
Mr. Schumacher asked Mr. Locher about the designation on plats stating
that the 'lands are City Property for Park uses'. The Park Board would
like to see this designation changed to just 'Park Lands,' Mr. Locher
felt this was done in order to give the flexiablility in the use of the
lands. If the lands are used for any purpose other than parks, the value
would have to be placed in the park fund.
Mrs. Liljedahl felt taht since the developer had given the lands for Park
use, it would be dishonest to use the lands for other purpsoes. There
was general discussion on the compatability of perhaps installing a water
tower, pump house or a fire hall on a portion of a park.
Mayor Gourley asked if there is ome specific language that could be used
to allow for this dual usage? Mr. Locher said he had never seen any such
language. Mayor Gourely will research this. This will on the agenda
for the 28th.
The Council members had an estimated cost for the reapiring of the man
holes on East Shadow Lake Drive. Mr. Jaworski asked if this could be
continued and was told, No, the contractor will be finished in the area
and this must be done while he is still there in order to receive this
price.
Mr. Volk explained what is to be done and the purpose it will serve.
Mayor Gourley asked if this required advertising and was told that if the
cost is under $10,000.00 it is not necessary to advertise, but bids may
be obtained.
Mayor Gourley asked if there were specifications and Mr. Volk said not
at this time - hasically because they did not know what they would be
running into once these man -holes are dug up.
Mayor Gourley felt these specifications are necessary in order to act on
this request and he also would like to talk to the Engineer on this
matter. Mr. Volk presented the bid from Brown & Cris. Mr. Schumacher
felt that since the contractor is on the site, he would give the City the
best bid.
A special meeting was set for Thursday, July 17, 1980 at 8:30 P.M. for
the discussion of this matter.
Mr. Schumacher presented the Federal Census update. He said the Metro
Council estimates the population for Lino Lakes to be 4,980. The
Federal census drops the figure to 171 under the 5,000 figure. There is
work being done in the office to update the card file to test these figures.
Mr. Schumacher said the City will either be just under or just over.
142
July 14, 1980
Mrs. Elsenpeter moved to approve Northern Federal as an investment
institution for this City. Seconded by Mr. Kulaszewicz. Motion carried
unanimously.
A representative from the Metro Council had called to discuss Section 8
housing. Mr. Schumacher will contact the representative.
Mayor Gourley presented the information on the status of the Police officers
that had occured over the weekend dealing with the necessity of having
license in order to carry firearms. This order was sent from teh Governor's
office on Sunday at 2:00 P.M. Officer Ross had not been issued his
license and Officer Costa's had not been renewed. However, the order had
been rescinded on this date.
Mr. Kulaszewicz moved to adjourn. Seconded by Mr. Jaworski. Aye. 12:35 P.M.
These minutes were considered, corrected and approved at a regular meeting
held on July 28, 1980.
42
Edna L. Sarner, Clerk- Treasurer
July 17, 1980
The special meeting of the L ino Lakes City Council was called to order
by Mayor Gourley at 8:30 P.M., on July 17, 1980 will all members present
except Mr. McLean. Mr. Meister, Engineer and Mr. Volk, Public Works was
also present.
This meeting had been called for the express purpose of discussing
specifications for the repair of man -holes on East Shadow Lake Drive.
Mayor Gourley presented the Council members with a copy of the State Law
which allows the Council to proceed with this action in this manner.
Mr. Meister presented plans and specifications for the repair of these
man - holes. He also explained the process that will be used to seal the
joints thus eliminating the infiltration of water and to control the
separation during the winter.
The estimated costs of repairing five of the manholes is $1435.00 per
manhole for a total cost of $7475.00; the 6th manhole to cost $1335.00
for an overall total of $8510.00
Brown & Cris, the contractors on the site will be doing this work since
their bid was the lowest. Mr. Volk pointed out that last year's bid was
$1000.00 less but one additional manhole had been added since that time.
Mr. Kulaszewicz moved to approve Brown & Cris for the total of $8510.00.
Seconded by Mrs. Elsenpeter. Motion carried unanimously.
Mr. Kulaszewicz moved to adjourn at 8:40 P.M. Seconded by Mr. Jaworski.
Aye.
These minute
held on July
wer considered, corrected and approved at a regular meeting
u, '980. +,
Edna
• Sarner_ n