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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